Do I Need Probate in Pennsylvania?

Usually requires probate

  • Assets solely in the decedent’s name
  • PA real estate in the decedent’s name
  • Need for a formal claims period

Often no probate needed

  • Accounts with named beneficiaries (POD/TOD/IRA/401k)
  • Joint accounts w/ survivorship
  • Small assets eligible for simplified transfer

Small Estate Path

We evaluate eligibility and prepare simplified filings to release funds efficiently.

The Westmoreland County Probate Process

1
Consultation & Strategy. We review the will, assets, debts, and goals to plan the best path.
2
Open the Estate. Petition the Westmoreland County Orphans’ Court to appoint a personal representative.
3
Notify & Inventory. Publish notices, notify heirs/creditors, and file the Inventory.
4
Taxes & Claims. Manage claims and prepare the PA inheritance tax return.
5
Account & Distribute. Prepare an account and proposed distribution; then close the estate.
Typical Timeline: Many estates complete in ~6–12 months depending on complexity and court scheduling.

Costs & Timeline — What to Expect

Attorney’s Fees

Flat-fee and hourly options based on scope, disclosed upfront in writing.

Court Costs

Filing fees and publication vary; we’ll estimate during your consult.

Inheritance Tax

Due 9 months after date of death; early-payment discounts may apply.

Frequently Asked Questions

How long to open an estate?
No fixed deadline to open; but taxes and notices have deadlines. Opening promptly helps avoid penalties.
Out-of-state executor?
Yes, permitted. We handle filings remotely and coordinate e-signatures.
No will?
PA intestacy rules control. The court appoints an administrator and assets pass by statute.
What is a small estate?
PA provides streamlined options for modest estates; we assess eligibility and prepare filings.

Your Probate Team

Headshot of Attorney John W. Ament

John W. Ament, Esquire

Ament Law Group, P.C.

  • Inheritance tax planning & filings
  • Remote options available
  • Local court experience
View full bio on ament.law →
Headshot of Attorney Katlynn R. Oliver

Katlynn R. Oliver, Esquire

Ament Law Group, P.C.

  • Inheritance tax planning & filings
  • Remote options available
  • Local court experience
View full bio on ament.law →

Ament Law Group, P.C. serves clients across Westmoreland County. Meetings by appointment. This site is informational only and not legal advice.

Request a Free Consultation

Phone: (724) 733-3500

Email: probate@ament.law