When to open an estate in Pennsylvania: A guide for loved ones

When a loved one passes away, it can be overwhelming to navigate the complex process of estate settlement. One of the first questions that often arises is: when must an estate be opened?

Understanding the basics

If the decedent had assets solely in his or her own name that do not have named beneficiaries, the Will may need to be filed at the Register of Wills office in the county where the decedent resided. To determine if it is necessary to open an estate, it is best to consult with an elder law attorney.

The process of opening an estate

When a person dies owning assets solely in their name, an estate usually needs to be “opened” by a personal representative to handle the assets and settle the decedent’s affairs. This process involves:

• Filing a Petition for Grant of Letters with a death certificate, also known as “Probate”
• Preparing and filing the Petition with the assistance of an attorney to ensure the estate is handled properly and in a timely manner
• Paying a filing fee, which varies by county
• Taking an oath before the Letters Testamentary are granted to the personal representative, known as the Executor or Executrix

What happens if there’s no will?

If the decedent died without a Will, the Register of Wills issues Letters of Administration to the personal representative, known as the Administrator or Administratrix. The Letters of Administration are only granted to certain individuals, and a fiduciary bond may be required to protect the assets of the estate.

Establishing authority to handle estate matters

To demonstrate the personal representative’s authority to handle estate matters, “short certificates” are issued by the Register of Wills for a fee. An estate must be opened to obtain a short certificate.