Opening an Estate
Step-by-step guide to opening probate and obtaining Letters Testamentary or Letters of Administration in Pennsylvania.
20 Pa. Cons. Stat. Ann. §§ 3101–3162
Notice: Estate administration and planning involve complex legal, tax, and fiduciary considerations. This information is provided for educational purposes. Consult with a licensed attorney and tax professional for guidance specific to your situation.
Small Estate Option (Under $50,000)
For estates valued under $50,000, Pennsylvania offers a simplified "small estate" procedure. A Petition for Settlement of Small Estate may be filed instead of the standard Petition for Grant of Letters, reducing costs and complexity.
20 Pa. Cons. Stat. Ann. § 3102
Steps to Open an Estate
Locate the Will (if any)
Search the decedent’s personal effects, safe deposit box, and attorney’s office. If a will exists, the named executor has priority for Letters Testamentary.
Determine County of Domicile
The estate is opened in the county where the decedent was domiciled (permanently resided) at the time of death, not where they died or owned property.
File Petition for Grant of Letters
File the Petition (and original will, if any) with the Register of Wills. If no will, Letters of Administration are granted per statutory priority: surviving spouse first, then next of kin.
Post Bond (if required)
The Register may require a bond from the personal representative. Bond may be waived if the will directs or all beneficiaries consent in writing.
Obtain Short Certificates
Request multiple short certificates ($5 each in Allegheny County). These are used to prove your authority as personal representative to banks, insurers, and other institutions.
Begin Publication
Advertise the grant of letters once a week for 3 successive weeks in a legal periodical and newspaper of general circulation in the county.
Types of Letters
Letters Testamentary
Granted when there is a valid will. The executor named in the will receives authority to act on behalf of the estate. Filed with the original will.
Letters of Administration
Granted when there is no will (intestate). The court appoints an administrator based on statutory priority: surviving spouse first, then next of kin, then creditors.