Probate Lawyers Serving Bucks, Montgomery & Philadelphia Counties

A probate lawyer guides an executor or administrator through the Pennsylvania probate process: opening the estate at the county Register of Wills, obtaining letters testamentary or letters of administration, gathering assets, paying debts, filing the REV-1500 inheritance tax return, and distributing property to beneficiaries. We handle probate in Bucks, Montgomery and Philadelphia Counties. Call (215) 942-2100.

The Law Offices of Michael Kuldiner, P.C. represents executors, administrators and beneficiaries from four offices in Feasterville, Doylestown, Norristown and Philadelphia. Attorney Loretta Golding’s practice includes estate planning and civil litigation, and founding attorney Michael Kuldiner brings real estate experience that matters when an estate must sell or transfer a home.

What a Pennsylvania Probate Lawyer Does

In Pennsylvania, probate begins at the Register of Wills in the county where the decedent last resided, 20 Pa.C.S. § 3151. Your lawyer’s job is to make sure the estate is opened correctly and closed without personal liability for you. We handle:

  • Probating the will and obtaining letters testamentary, or letters of administration when there is no will
  • Notices to heirs and beneficiaries and advertising the grant of letters
  • Marshaling bank accounts, real estate, business interests and personal property
  • Resolving creditor claims and disputed debts
  • Preparing the Pennsylvania inheritance tax return (REV-1500) and pursuing the early payment discount
  • Estate real estate sales, deed transfers and title issues
  • Accountings, family settlement agreements and final distribution

For a step-by-step walkthrough of the process itself, see our probate administration guide. This page is for people deciding whether, and whom, to hire.

When You Need a Probate Lawyer, and When You May Not

Not every death requires full probate. Assets with named beneficiaries, jointly owned accounts and property held in a living trust pass outside probate. If the decedent’s personal property is worth $50,000 or less, excluding real estate and certain payments under 20 Pa.C.S. § 3101, the estate may qualify for a small estate petition under 20 Pa.C.S. § 3102, a faster court-approved distribution without full administration.

Hire a probate lawyer when the estate includes real estate, when family members disagree, when the estate may be insolvent, when the executor lives out of state, or when the inheritance tax picture is complicated. An executor who distributes assets incorrectly can be personally liable to creditors and beneficiaries, so the cost of counsel is usually small compared to the risk of getting it wrong.

What Probate Costs in Pennsylvania

Probate costs fall into three buckets:

  • Court costs. Each Register of Wills sets its own fee schedule, and probate filing fees scale with estate size. For most estates in Bucks, Montgomery and Philadelphia Counties, expect a few hundred dollars to open the estate, plus small charges for short certificates and certified copies.
  • Attorney fees. Pennsylvania has no statutory fee schedule for probate lawyers. Fees must be reasonable, and Orphans’ Court judges often measure them against the guideline percentages attached to the 1983 Johnson Estate opinion from the Delaware County Orphans’ Court. Those guidelines are a benchmark, not a rule. Lawyers may charge hourly, flat or percentage-based fees, so ask how you will be billed before you sign.
  • Executor compensation. Executors and administrators are entitled to reasonable compensation under 20 Pa.C.S. § 3537, also commonly measured against the Johnson Estate guidelines.

Pennsylvania Inheritance Tax: Rates and Deadlines

Pennsylvania taxes most inheritances, whether or not probate is required. The rate depends on the heir’s relationship to the decedent:

  • 0% for a surviving spouse and for charities
  • 4.5% for children, grandchildren and other lineal heirs
  • 12% for siblings
  • 15% for nieces, nephews, friends and most other beneficiaries

The REV-1500 return and payment are due nine months after death. Pay the tax within three months and the estate earns a 5% discount on the amount prepaid. On a $400,000 estate passing to children, that discount is worth about $900, so we calendar it on day one.

How Long Does Probate Take?

Most straightforward Pennsylvania estates close in 9 to 18 months. The inheritance tax return alone is due at nine months, and prudent executors wait out the one-year window for creditor claims before making final distributions. Estates with real estate to sell, business interests, hard-to-find heirs or family disputes take longer. A lawyer cannot eliminate those timelines, but missed notices, rejected filings and tax penalties are the delays we prevent.

Will Contests and Probate Disputes

When a will looks wrong, Pennsylvania law provides a path to challenge it. Common grounds include lack of testamentary capacity, undue influence, forgery and improper execution under 20 Pa.C.S. § 2502. An appeal from probate must generally be filed within one year of the decree, 20 Pa.C.S. § 908, and the court can shorten that window, so act quickly. We litigate and defend will contests, executor removal actions, accounting objections and breach of fiduciary duty claims in the Orphans’ Court divisions of all three counties.

Probate Lawyers Near You: Doylestown, Norristown, Philadelphia and Feasterville

Probate is county-specific work, and we practice where your estate will be filed:

  • Bucks County: our Doylestown office at 40 E Court Street is steps from the Bucks County Register of Wills at 55 E Court Street. Our Feasterville office at 922 Bustleton Pike serves Lower Bucks.
  • Montgomery County: our Norristown office at 516 DeKalb Street is minutes from the Montgomery County Register of Wills in downtown Norristown.
  • Philadelphia County: our office at 2 Penn Center, 1500 JFK Boulevard, sits directly across from City Hall, where the Philadelphia Register of Wills is located.

If you are planning ahead rather than administering a loss, our estate planning and administration team prepares wills, trusts, powers of attorney and living wills designed to make probate easier, or unnecessary, for your family.

Contact us online or call (215) 942-2100 for a consultation with a probate lawyer at the office nearest you.

Frequently Asked Questions

How much does probate cost in PA?

Expect Register of Wills filing fees that scale with estate size, typically a few hundred dollars for most estates, plus attorney fees and executor compensation. Pennsylvania has no statutory fee schedule; fees must be reasonable, and courts often reference the Johnson Estate guideline percentages. Ask any lawyer whether they bill hourly, flat or by percentage.

How long does probate take in PA?

Most Pennsylvania estates close in 9 to 18 months. The inheritance tax return is due nine months after death, and executors usually wait out the one-year creditor claim window before final distribution. Real estate sales, disputes or missing heirs extend the timeline.

Do all estates go through probate in Pennsylvania?

No. Jointly owned property, accounts with beneficiary designations and living trust assets pass outside probate. Estates with $50,000 or less in personal property, excluding real estate, may qualify for a simplified small estate petition under 20 Pa.C.S. § 3102.

What is the difference between letters testamentary and letters of administration?

Letters testamentary are issued to the executor named in a valid will. Letters of administration are issued when there is no will, or no willing executor, usually to the closest next of kin. Both are granted by the Register of Wills and give legal authority to act for the estate.

What happens if someone dies without a will in Pennsylvania?

The estate passes under Pennsylvania’s intestacy statutes, 20 Pa.C.S. § 2101 and following. The surviving spouse takes a defined share, with the remainder to children, parents or other relatives in a set order. An administrator is appointed by the Register of Wills to manage the process.

Who pays Pennsylvania inheritance tax, and how much is it?

The estate typically files one REV-1500 return and pays from estate funds. Rates are 0% for spouses and charities, 4.5% for children and other lineal heirs, 12% for siblings and 15% for everyone else. Payment is due nine months after death, with a 5% discount on tax paid within three months.

Can a will be contested in Pennsylvania?

Yes. Grounds include lack of capacity, undue influence, forgery and improper execution. An appeal from probate must generally be filed within one year of the decree under 20 Pa.C.S. § 908, and the court can shorten that period, so consult a lawyer promptly.

Do I need a lawyer to probate an estate in PA?

Pennsylvania does not require one, but executors are personally liable for mistakes such as paying beneficiaries before creditors or misfiling inheritance tax. For estates with real estate, debts, tax exposure or family friction, counsel usually costs far less than the errors it prevents.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.