Probate is the legal process of settling a deceased person’s estate. This means completing tasks like paying debts, distributing property, and ensuring that everything is handled according to the law.
In Pennsylvania, the probate timeline can vary widely depending on factors like the size of the estate, whether there’s a valid will, and more.
While a simple estate might more or less close in as little as six to nine months, more complex cases can take a year or longer.
Learning about each step in the process from the West Chester probate lawyers at ThePeoplesLawFirm.com can help you set your expectations and prevent unnecessary delays.
Opening the Estate
Probate begins when the executor named in the will (or an administrator appointed by the court) files a petition for probate in the appropriate county’s Register of Wills. Once approved, the executor receives letters testamentary authorizing them to act on behalf of the estate.
At this point, several time-sensitive duties begin, including:
- Sending formal notices to heirs and beneficiaries
- Publishing notice to creditors in a local newspaper
- Collecting and securing all estate assets
Pennsylvania law requires creditors to file any claims within one year of the first published notice. That means probate generally cannot close before that deadline expires unless the executor is confident that no new claims will arise.
Administering the Estate
The estate administration phase is often what makes probate take longer than expected. The executor must locate all of the decedent’s assets in question, such as bank accounts and real estate.
Each item must be identified, valued, and, if necessary, sold.
Delays often occur when:
- Real estate must be appraised
- Family members disagree on how to divide property
- The estate owes significant taxes and debts
- The beneficiaries live out of state and cannot be located
The executor is also responsible for filing final income tax returns and, if necessary, Pennsylvania inheritance tax forms. The state allows a discount if inheritance tax is paid within three months of death, so acting quickly can help save money for beneficiaries.
An estate administration lawyer can ensure that this phase of the process is smooth.
Closing the Estate
Once all of the outstanding debts and taxes are paid, and distributions are made, the executor prepares a final accounting. This document details every financial transaction made during the probate process.
Beneficiaries can either approve the accounting informally or request a formal court audit if they have any concerns.
After the court approves the accounting and the executor files receipts from the beneficiaries confirming they received their shares, the estate can be officially closed. At that point, the executor is typically released from their duties.
Factors That Can Extend Probate
Some estates naturally take longer to close, regardless of how prudent and experienced the executor is. Common causes of extended probate include:
- Missing and disputed wills
- Large estates with multiple beneficiaries
- Family disputes
- Lawsuits against the estate
- Business ownership interests
- Unresolved tax issues
When these issues arise, the process can stretch well beyond a year, sometimes several years for complex estates.
How an Experienced Probate Lawyer With ThePeoplesLawFirm.com Can Help
A skilled Pennsylvania probate attorney can make these proceedings faster and more efficient. They can, to name a few examples, help the executor meet all of the applicable filing deadlines, respond to any creditor claims, and avoid costly procedural mistakes.
If you’ve been named an executor or beneficiary in Pennsylvania, consider reaching out to a lawyer at ThePeoplesLawFirm.com as soon as you can at (484) 779-9282 or by contacting us online.
Contact us to get a free initial consultation so that we can get to work for you immediately.
