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If a person dies in Pennsylvania owning any assets in their name, their estate will need to be probated. Whether you have a will or not, your estate must be probated.
Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
In some circumstances, someone who wants to deal with the estate of someone who has died will have to apply for letters of administration, rather than probate. This person is called an administrator. You have to apply for letters of administration if: there is no will.
The Probate Process in Pennsylvania Inheritance Laws Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
Retirement accounts. Trust assets. Real estate held by married persons as tenancy by the entirety. Real estate held with another person as a joint tenancy with a right of survivorship.
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If a person dies in Pennsylvania owning any assets in their name, their estate will need to be probated. Whether you have a will or not, your estate must be probated.
The Pennsylvania Estate Inventory The family exemption is available to the surviving spouse or children (if there is no spouse) of a Pennsylvania decedent. The family exemption is a right to retain or claim personal or real property of a decedent in the amount of (currently) $3,500.
When the gross estate of a Pennsylvania decedent is less than $50,000 (excluding real estate and certain payments relating to payments to family and funeral directors), the estate is considered a small estate and does not have to go through the formal probate process. 20 PA Cons Stat 3102 (2021).
- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then its considered a small estate, and is called a Voluntary Administration.
In Pennsylvania, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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