Probate in Pennsylvania: What Your Family Goes Through Without a Will

All wills go through probate in the state of Pennsylvania, with a few exceptions and some nuances. If the deceased does not have a will, this is referred to as intestate succession. An estate will go through probate in Pennsylvania if there is no will, with a few exceptions.

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Those exceptions include the following.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Any bank or brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation.

• Any property owned jointly with right of survivorship.

If none of these apply, an estate without a will does go through probate in Pennsylvania. If the estate is valued at $50,000 or less in personal property (this does not include real estate or certain vehicles), you can use Pennsylvania's small estate process to avoid full probate proceedings.

Succession Laws Without a Will in Pennsylvania

Before determining who will inherit which assets, it is important to understand how Pennsylvania treats property ownership. Unlike community property states, Pennsylvania is a common law property state, meaning ownership is determined by whose name is on the title, deed, or account, rather than by when the asset was acquired during a marriage.

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If none of the exceptions we noted above apply, the estate will go through probate and the assets will be distributed according to the following lines of succession.

• If you are married with no children, your spouse inherits everything if your parents are no longer living. If a parent is still living, your spouse inherits the first $30,000 of your estate plus 1/2 of the remaining balance, with the rest passing to your surviving parent.

• If you have children but no spouse, your children inherit everything. This includes

• Adopted children

• Children born inside and outside of a marriage

• NOTE: Foster children and stepchildren typically do not inherit unless a legal adoption took place.

• If you have no spouse and no children, your parents inherit everything.

• If you have no spouse, no children, and no parents, any living siblings inherit everything.

• In the absence of those, the state will try to locate any other living relatives, including grandparents, grandchildren, nieces, nephews, aunts, uncles, and cousins, before the estate goes to the Commonwealth.

If you are married and there are surviving children, probate will allocate assets according to the following guidelines

• If you only have children with your surviving spouse, the following applies.

• Your spouse inherits the first $30,000 of your estate, plus 1/2 of the remaining balance.

• Your children inherit the remaining balance, divided equally.

• If you have children who are not your spouse's children, the following applies.

• Your spouse inherits 1/2 of your estate.

• Your children inherit the remaining 1/2, divided equally.

Pennsylvania Probate Process

Pennsylvania does not set a strict deadline for opening probate, though courts generally will not grant letters more than 21 years after death without special cause, and the state's inheritance tax return is due within nine months of death regardless of when probate is filed. Probate is filed with the Register of Wills in the county where the deceased lived.

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Unlike states with an independent administration option, Pennsylvania does not offer a separate court-light process for larger estates. A self-proving affidavit signed by the testator and witnesses in front of a notary lets the Register of Wills accept the will without requiring the witnesses to testify in court, which can significantly speed up the process.

Avoiding Probate in Pennsylvania

Because probate is widely known for being a long and often expensive process, people sometimes wish to avoid it altogether. Here are some ways you can avoid probate in Pennsylvania.

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Establish joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

• Keep in mind that Pennsylvania does not allow transfer-on-death deeds for real estate, unlike many other states, so a living trust or joint ownership is typically the more reliable route for a home.

Want to learn more about trusts in Pennsylvania? Check out this comparison chart to see what’s included in a Trust Plan.