The Short Answer

In Pennsylvania, opening a probate estate generally means filing a sworn petition with the county Register of Wills to obtain Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). The required paperwork depends on whether the decedent had a will, where they lived, and who is seeking appointment as the personal representative.

What Pennsylvania Law Says

Pennsylvania probate is handled through the Register of Wills in the proper county, typically where the decedent had their last residence. To be appointed and receive “letters” (the document banks and others require to deal with estate assets), the petitioner must submit a sworn petition that includes specific information about the decedent, the heirs/beneficiaries, and the estimated value and location of assets.

The Statute

The primary law governing the required contents of the petition is 20 Pa.C.S. § 3153.

This statute establishes that a petition for the grant of letters must be made under oath and must include core facts such as the decedent’s identifying information and death details, whether the estate is testate or intestate, the names/addresses of heirs (if intestate), and estimated values/locations of estate property.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania limits when letters can be granted in older estates—generally, letters may not be granted after 21 years from the date of death without an Orphans’ Court order. See 20 Pa.C.S. § 3152.
• Burden of Proof: If there are questions about the will (missing original, markings/changes, or witness issues), the Register may require additional proof before admitting it to probate—delays here can freeze access to accounts and property.
• Exceptions: Venue and authority issues can derail an opening filing—letters are generally granted only in the county of the decedent’s last residence, and filing in the wrong county can waste time and fees. See 20 Pa.C.S. § 3151 (proper county) and 20 Pa.C.S. § 3131 (place of probate).

Even when families agree, opening an estate can trigger disputes over who has priority to serve, what assets are probate vs. non-probate, and whether a bond is required. An attorney can help you avoid delays, rejected filings, and personal liability as the proposed personal representative.

If you want a deeper read on related issues, see: How Do I Apply for Probate and Letters Testamentary in Pennsylvania? and What Forms and Steps Are Needed to Get Letters of Administration in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.