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When a loved one passes away, families are often left grieving while also facing the legal and financial responsibilities involved in settling their estate. If you are the executor or administrator, you may find yourself responsible for complex decisions during an already difficult time.
At Anderson Law Firm, our attorneys assist families throughout Pittsburgh, Allegheny, Washington, Beaver, and Butler Counties with estate administration and probate matters. Our goal is to help you understand your options before taking steps that cannot be undone.
What Is Probate in Pennsylvania?
Probate is the formal process of opening an estate with the Register of Wills in the county where the decedent resided. If the decedent left a valid will, the Register of Wills appoints the executor named in the document. If there is no will, the court appoints an administrator.
The executor or administrator is then responsible for identifying and safeguarding assets, notifying heirs and beneficiaries, paying valid debts and expenses, filing required tax returns, and distributing the remaining assets. Our attorneys work closely with executors and administrators to ensure compliance with Pennsylvania law while reducing the administrative burden during a difficult time.
Does Every Estate Require Probate?
Many people assume probate is automatically required after someone passes away. Financial institutions often request a Short Certificate, which is issued after an estate is opened with the Register of Wills. However, probate is not always necessary.
Whether probate is required depends on how assets are titled and the total value of probate assets. Once an estate is formally opened with the Register of Wills, it cannot be reversed. The estate must complete the full statutory process, which involves court filings, notice requirements, and administrative deadlines. That is why evaluating the estate before initiating probate is so important.
Small Estate Administration
Pennsylvania allows simplified procedures for qualifying small estates. When probate assets total $50,000 or less, a Small Estate Petition may be another administration option. This streamlined option can reduce court involvement, shorten the administration timeline, and lower costs for qualifying estates. Our attorneys prepare the required petition, carefully itemize all assets and debts, and guide families through the court approval process so that distributions can be made efficiently.
Alternatives to Formal Probate
Certain assets pass outside of probate entirely, including jointly owned property with survivorship rights, accounts with beneficiary designations, and property held in trust. In some situations, alternative distribution methods may be available without opening a formal estate or filing a Small Estate Petition. Our attorneys analyze each estate’s asset structure to determine the most efficient path forward.
Pennsylvania Inheritance Tax
Pennsylvania imposes an inheritance tax on property owned by a decedent at death. An inheritance tax return must be filed when a decedent owned Pennsylvania property, even if the decedent did not reside in Pennsylvania. Tax rates vary based on the beneficiary’s relationship to the decedent. Transfers to a surviving spouse are taxed at 0%, while rates for other beneficiaries range from 4.5% to 15%. Timely filing within nine months of the date of death is essential to avoid penalties and interest. Our attorneys conduct a thorough asset review, apply eligible deductions, and prepare the return to ensure accuracy and compliance.
Choosing Your Estate Administration Attorney
Executors and family members may retain any licensed Pennsylvania attorney to assist with the administration process. You are not required to return to the attorney who drafted the original will. Our attorneys frequently assist families with estates where prior counsel drafted the governing documents and coordinate professionally with prior counsel when needed.
Contact Our Pittsburgh Estate Administration Attorneys
If you need assistance with estate administration or probate in Pittsburgh, Allegheny County, Washington County, Beaver County, or Butler County, call 412-209-3200 today or contact us online to schedule a confidential consultation.
What is the Estate Administration Cost Structure?
The cost for administering an estate is determined by the administration method. Our cost structure consists of either hourly rates, percentage-based rates, or simple flat fees.
What happens to my estate if I do not have a will?
- Without a will, the disposition of your estate is determined by the structure of your family.
- For example, if you are married and have no children, but your parents are still alive, your spouse will receive the first $30,000 of your estate. The remaining amount of your estate will be equally divided between your spouse and your parents.
- Another example would be if you were married with children, all of whom you shared with your current spouse. Your spouse would again be entitled to receive the first $30,000 of your estate. The remaining amount of your estate would now be equally divided amongst your spouse and your children.
- Although the laws of the state assume disposition based on relationship, this could create problematic outcomes. For example, if your estate fell under the first example, this may create problems for your elderly parents trying to apply for medical assistance. If your estate fell under the second example, this may create issues if your children are still minors, as minors are not able to directly inherit.
- This is why it is important to ensure you have proper estate plans in place, which our Estate Planning attorneys at Anderson Law Firm are able to assist you with.
What if my kids are minors or if my parents left money to my own kids?
With no Testamentary Trust in place, the Executor will be forced to go through trust proceedings to either set up a restricted account or a Trust that will hold the money for your children. By setting up a simple Testamentary Trust, these court proceedings could have been fully avoidable, and the funds could have been accessible to benefit the children.
Do I have to pay the Inheritance Tax or “Death Tax” bill from the Department of Revenue?
Generally speaking, Yes. However, oftentimes there are write-offs or deductions which may be taken to minimize the tax consequences.
Pennsylvania is one of six states with an Inheritance Tax or death tax on inherited assets. Inheritance Tax Returns are necessary even if there is no probate estate. Inherited IRAs, Joint assets, and other assets with beneficiary listings are taxed in most circumstances! Generally, Life Insurance is the only asset for which there is no tax due payable to Pennsylvania.
Will a trust help me avoid probate?
Yes! Generally speaking the creation and funding of trusts are one of the best ways to avoid the court costs and time it takes to probate an estate.
When should I consider setting up a trust?
There are a number of situations in which a trust would be the best way to transfer wealth to your beneficiaries. If your loved one has special needs, issues with substance abuse or addiction, or is irresponsible with money, a trust is an excellent way to provide for your loved one while still ensuring that the funds are protected for your loved one’s benefit.
I want to leave my house to my children without going through probate. How can a trust help achieve this?
A revocable trust is an excellent way to transfer a house to a child without going through probate and without having to pay a realty transfer tax. The client can establish the revocable trust and transfer his or her residence into the trust prior to his or her death. By naming your child as a beneficiary of the revocable trust, your child will receive the house free of probate.
I have property in another state. Can a revocable trust help with probate in another state?
Yes! By placing property you hold in another state into your revocable trust, your loved ones will not need to open probate in the state in which the property is located.
I have a special-needs daughter who is over 65, and I want to leave her money in my will. Can I do that?
Yes! Our office can include provisions for a third party special needs trust in your estate planning documents to make sure that your daughter’s share is held in a special needs trust, and she maintains her government benefits.
