Pennsylvania Probate Laws, Important Timelines And Process

The probate process is not required in Pennsylvania if the decedent has set up a trust (or family trust) which in most cases helps their estate to avoid probate. However, if those trusts or plans were not made, the only way estate assets can be distributed in Pennsylvania is through the probate. There are extreme cases where an estate will still need to pass through probate even if the decedent had a trust in place. 

It’s also important to know that if you are stuck in probate in Pennsylvania then there are solutions for you to receive your inheritance funding immediately without having to wait for the final distribution of a lengthy probate process. Probate advances can be a useful source of liquidity and are commonly used when an heir or beneficiary have recently entered into probate after a loved one has passed away. If it isn’t difficult enough that a loved one has passed away, entering the probate process can be confusing and take a long time.The probate process is not easy, even if you have a lawyer, lots of delays can occur. Probate in Pennsylvania can take anywhere from 18 to 24 months and sometimes longer. 

Pennsylvania Probate Laws

How long does probate take in Pennsylvania?

In non-pandemic times, the probate assets (personal property) within an estate in Pennsylvania can take anywhere from 9 months to 3 years to be distributed from the decedents estate. There are different variables including the following:

  • Size of the estate which dictates how long an inventory of assets will take
  • The amount of beneficiaries in the estate
  • How fast the executor of the estate can push the process along
  • If the will is contested
  • Probate Court Timelines


Probate proceedings take a long time. In addition, courts have been forced to go remote as a result of the pandemic, and thus have been slowed down as a result. There have been many articles recently published on the
delay in the court system which has caused a lot of anguish to estate heirs. You cannot distribute any assets to heirs until the estate goes through the legal process of probate. Doing so before the probate is closed can lead to legal issues for the executor and cause headaches for everyone involved. In this article we go over laws specific to Pennsylvania  as well as ways that you can receive your inheritance cash now.

Don't Wait for Probate

What is the probate process like in Pennsylvania?

The probate process in Pennsylvania is not like a TV commercial or a TV sitcom where, somebody passes away and within 30 minutes, you meet with the lawyer, and the families are all around the table. The lawyer goes ahead and reads a will, and everybody walks out with their money. That’s the TV version. The real-life version is hard, and it’s tough and it takes a long time. Family members sometimes need more guidance and many times they need money before probate concludes. Sometimes they need money to help them deal with things like funeral costs and other expenses that come up.

How do family members deal with probate in Pennsylvania?

Many times family members don’t expect to have to take the house and deal with repairs and taxes on the real estate after they inherit it. Unfortunately, the property taxes need to be paid, and the home usually needs to be kept up. The mortgage on the inherited home will also need to be paid. The property taxes, mortgage payment, and repairs had to be taken care of which can be unexpected for the family. Many family members involved in Pennsylvania probate cases don’t know how to deal with these issues which can occur during probate.

Customers have real-life needs that require financial assistance that come up every day during probate. They have real-life needs that come up every single day. A request we see consistently is keeping up with the house, some beneficiaries don’t even have money to bury their loved ones. There was no money upfront and everything has to be liquidated in that circumstance.

Estate And Inheritance Tax Laws

Pennsylvania is 1 of the 5 states that has an inheritance tax. When you go through probate administration it’s important to keep in mind the specific state laws for taxes and seek legal advice. There are 38 states in the country that do not have an estate tax in place. These are the different tax laws by state.

 

If the deceased person’s assets are not set up with an estate plan for intestate succession the estate will have to go through probate and you will have to pay taxes.

Get An Inheritance Cash Advance Now

An inheritance cash advance is your best option when you need an influx of cash following the death of a loved one. The cash can be used for anything you deem necessary. 

 

The advantages of an inheritance cash advance in Pennsylvania include:

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Probate Loan vs Probate Advance In Pennsylvania

If you are stuck in the process of probate in Pennsylvania you might have thought about borrowing against your estate or getting a mortgage on a property in probate. This is commonly referred to as an estate loan, traditional bank loan or probate loan. It’s important to understand the difference between probate loans in Pennsylvania and an advance on your inheritance money. Inheritance advances are a much simpler process when compared to a probate loan because you don’t have the traditional requirements of a bank loan with credit checks and repayment terms on assets.

When you apply for a probate loan, you need to go through the traditional loan application process. It can be time consuming and difficult because of credit requirements and a lengthy application to be completed either online or with a representative at the bank. Thus, like probate, there can be no end in sight for many heirs.

Pennsylvania Probate Questions

Here are some helpful resources to utilize when you enter into the probate process in Pennsylvania due to a loved one’s death and it can help you answer more questions about probate: 

Most estates in Pennsylvania must pass through the probate process, there are a few exceptions. For those who meet certain criteria, simplified proceedings known as small estate proceedings may be available.

No, all estates do not have to go through probate in Pennsylvania. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together in Pennsylvania each co-owner must own an equal share. If joint tenancy of assets are in place, then they do not have to pass through the probate process in Pennsylvania

The largest cost in probate is always the Attorneys’ fees. In Do all estates have to go through probate in Pennsylvania, like most states, Attorney’s fees are based on the number of hours billed and the lawyer’s hourly rate. The cost for simple estates can range from $2,000 to $5,000 while more complicated cases may reach up to ten times that amount.

You can avoid probate in Pennsylvania by taking some of the following precautions to protect your assets:
  1. Revocable living trusts.
  2. Make sure any real property is owned with tenants by entirety or has a beneficiary. This is referred to as joint tenancy ownership, otherwise known as “tenants by entirety”
  3. “Payable on death” designations.
  4. Life insurance.
  5. Retirement accounts that have a designated beneficiary.
  6. Having an estate of less than an amount which is designated by the state to be considered a “small estate.”
  7. Create a revocable living trust

Most estates in Pennsylvania must pass through the probate process, there are a few exceptions. For those who meet certain criteria, simplified proceedings known as small estate proceedings may be available.

No, all estates do not have to go through probate in Pennsylvania. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together in Pennsylvania each co-owner must own an equal share. If joint tenancy of assets are in place, then they do not have to pass through the probate process in Pennsylvania

The largest cost in probate is always the Attorneys’ fees. In Do all estates have to go through probate in Pennsylvania, like most states, Attorney’s fees are based on the number of hours billed and the lawyer’s hourly rate. The cost for simple estates can range from $2,000 to $5,000 while more complicated cases may reach up to ten times that amount.

You can avoid probate in Pennsylvania by taking some of the following precautions to protect your assets:
  1. Revocable living trusts.
  2. Make sure any real property is owned with tenants by entirety or has a beneficiary. This is referred to as joint tenancy ownership, otherwise known as “tenants by entirety”
  3. “Payable on death” designations.
  4. Life insurance.
  5. Retirement accounts that have a designated beneficiary.
  6. Having an estate of less than an amount which is designated by the state to be considered a “small estate.”
  7. Create a revocable living trust
 How long does probate take in Pennsylvania?
  • And so all of these things are happening in probate. And not to mention the fact that here we are in 2020 and 2021 where COVID threw another monkey wrench into it. How long probate takes can be a concerning question for Floridians during normal times, where the average is 6 to 24 months but as a result of covid-19, probate can take anywhere from 9 months to 36 months. Heirs and beneficiaries anticipate getting the money that their loved one left behind for them as it was intended to happen but now it takes longer. Unfortunately, because of this really difficult process and all the things that come up during it, things don’t always work out that way. 

    Probate Advance in Pennsylvania

    We started Inheritance Advanced to focus on customers and helping them solve their financial needs because we understand. Sometimes people come in and their kids are off to college or they’re about to go to college and they need the funds or the roof over their head needs to be replaced or all these other things that come up like you are living in the property and with the deceased.

Probate Code And Pennsylvania Law Resources:

You can find the government probate resources here:
https://www.nolo.com/legal-encyclopedia/pennsylvania-probate-an-overview.html https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/20.HTM https://www.pacourts.us/learn/ https://www.pacourts.us/courts/courts-of-common-pleas/ Do You Regularly Help Pennsylvania Residents? Yes, we’ve helped people from the following counties in Pennsylvania with Inheritance Advanced. Philadelphia County Allegheny County Montgomery County Bucks County Delaware County Lancaster County

Contact Inheritance Advanced to Receive Your Inheritance Money In Pennsylvania Now

If you are entering into the probate process in Pennsylvania and you need cash immediately, inheritance advanced is here for you. Inheritance Advanced has worked with more than 1,700 satisfied clients across the country, including [state]. We have helped them obtain money to pay for the funeral, burial, medical bills, credit card debt, and everyday expenses instead of waiting for the probate process to complete. 

Our experienced team is compassionate, caring, and understanding. We know how difficult it is to wait for probate, that is why we give you your funds now and wait for probate ourselves, so you don’t have to.