What Happens After Someone Dies in Pennsylvania? A Step-by-Step Guide for Families
By Wendy Witt, Pittsburgh Probate Attorney | The Pittsburgh Probate Law Firm
Losing someone you love is one of the hardest things you'll ever go through. And yet, within days of the loss, families are often expected to make legal and financial decisions they've never faced before — without a roadmap, without a guide, and often while still in shock.
This post is the roadmap for what happens after someone dies in Pennsylvania
Whether you've just lost a parent, a spouse, or a sibling, this guide will walk you through what legally needs to happen after a death in Pennsylvania — in plain language, in the right order, and without the overwhelm.
First: Give Yourself a Moment After a Loved One Dies
Before we talk about legal steps, I want to say this: it's okay if you're not ready. It can take a few weeks after a loved one dies just to see straight. Most probate timelines in Pennsylvania are measured in months, not days. You don't have to have everything figured out immediately.
That said, there are a few things that do need to happen relatively soon — and knowing what those are can take a huge weight off your shoulders.
Step 1: Secure the Death Certificate (First Few Days)
The death certificate is the foundational document for almost everything that follows. You'll need multiple certified copies — typically 8 to 12 — because the court, banks, financial institutions, courts, insurance companies, and government agencies will each require their own.
Your funeral home will typically help you obtain these. If you need additional copies later, you can request them through the Pennsylvania Department of Vital Records.
Why it matters: You cannot begin probate, access bank accounts, transfer real estate, claim life insurance, or notify government agencies (like Social Security) without a death certificate.
Step 2: Locate the Will (First Week)
If your loved one had a will, finding it quickly matters.
Check:
A home safe or fireproof box
A filing cabinet with important documents
Their attorney's office
A safe deposit box at the bank (note: accessing a safe deposit box after death may require court authorization in some situations)
What if you can't find the original will? Pennsylvania law presumes that if an original will cannot be located, it may have been intentionally destroyed or revoked. This is a serious legal issue. If you only have a copy, contact a probate attorney right away.
What if there is no will? Then your loved one died "intestate," and Pennsylvania's intestacy laws determine who inherits and who serves as the estate administrator. We'll cover this more in a future post — but know that dying without a will does not mean probate is avoided. It often makes it more complicated.
Step 3: Notify Key Parties (First Two Weeks)
There are several people and institutions that need to be notified after a death:
Social Security Administration – If your loved one was receiving Social Security benefits, you must report the death. The funeral home typically does this. Any payments received for the month of death (or after) must be returned.
Pension or retirement plan administrators – Benefits may be stopped or transferred to a surviving spouse or named beneficiary.
Life insurance companies – To begin the claims process for any policies.
Banks and financial institutions – To flag the account and begin the process of access or transfer.
Employer (if still working) – For final wages, benefits, or group life insurance.
Medicare/Medicaid – If applicable.
You do not need to handle all of this on day one. But having a list helps you move through it steadily.
Step 4: Understand What Needs to Go Through Pennsylvania Probate — and What Doesn't
Not everything your loved one owned will go through probate. Understanding this distinction can save time, reduce stress, and help you prioritize what to tackle first.
Assets that generally DO go through probate:
Real estate titled solely in the deceased's name
Bank accounts without a joint owner or payable-on-death (POD) beneficiary
Investment accounts without a transfer-on-death (TOD) designation
Personal property (vehicles, jewelry, household goods, etc.) titled solely in the deceased's name
Assets that generally do NOT go through probate:
Life insurance with a named beneficiary (other than "the estate")
Retirement accounts (IRA, 401k) with named beneficiaries
Jointly owned real estate (with right of survivorship)
Bank or investment accounts with POD or TOD designations
Assets held in a trust
This is an important distinction. Many families are surprised to learn that even a small bank account titled solely in a deceased person's name may need to go through probate, while a much larger retirement account passes directly to the named beneficiary without it.
Pennsylvania does offer a simplified process for small estates (under $50,000 with no real estate), but most families with a home, investments, or significant savings will need to go through formal probate.
Step 5: Open Probate at the Register of Wills (Within 30 Days, If Possible)
Formal probate in Pennsylvania begins at the Register of Wills in the county where your loved one lived at the time of death. For Pittsburgh families, that's typically Allegheny County.
To open probate, you'll generally need:
The original will (if there is one)
A certified copy of the death certificate
Identification for the person seeking to be appointed executor or administrator
Once probate is opened, the Register of Wills will issue Letters Testamentary (if there's a will) or Letters of Administration (if there isn't). These "short certificates," as they're often called, are what give you the legal authority to act on behalf of the estate — to access accounts, sell property, pay bills, and more.
Why not to wait too long: Pennsylvania gives creditors one year from the date the first estate notice is publicly advertised to file claims. The sooner you open probate and publish that notice, the sooner that clock starts — and the sooner the estate can be closed.
Step 6: Take Inventory of the Estate
Once you have legal authority as executor or administrator, you'll need to compile a thorough inventory of everything the estate owns and owes:
Assets to document:
Real estate (address, estimated value)
Bank and investment accounts (institution, account numbers, balances)
Vehicles (make, model, title information)
Life insurance policies
Business interests
Personal property of significant value (jewelry, art, collectibles)
Any money owed to the deceased (loans, refunds, etc.)
Debts to document:
Mortgage or home equity loans
Credit card balances
Medical bills
Utility bills
Personal loans
Any pending lawsuits
This inventory forms the basis for the estate's financial accounting — and Pennsylvania requires executors to file a formal inventory with the Register of Wills within nine months of being appointed.
Step 7: Open an Estate Bank Account
As executor, you should open a dedicated bank account in the name of the estate. This keeps estate funds separate from your personal funds, which is both legally required and practically essential.
All income the estate receives (rent, dividends, refunds) and all estate expenses (bills, taxes, professional fees) should flow through this account. Proper recordkeeping now will make the final accounting much easier later.
Step 8: Pay Debts and Expenses — In the Right Order
Pennsylvania law dictates the order in which debts must be paid. This matters because if the estate doesn't have enough money to pay everyone, some creditors get paid and others don't — and the executor can be personally liable for paying in the wrong order.
The general priority under Pennsylvania law is:
Administration expenses (attorney fees, court costs)
Family exemption (up to $3,500 for a surviving spouse or children)
Funeral and burial costs
Medical expenses from the last illness (up to certain limits)
Taxes (federal and state)
Other creditors
Do not pay bills or distribute assets to beneficiaries before understanding this order. This is one of the most common mistakes executors make — and one of the most consequential.
Step 9: File and Pay Pennsylvania Inheritance Tax
Pennsylvania is one of only a handful of states with an inheritance tax — and it's one of the most important financial obligations in any Pennsylvania estate.
The tax rates depend on the relationship between the deceased and the person inheriting:
Relationship | Tax Rate |
Surviving spouse & children under 21 | 0% |
Children, grandchildren, parents | 4.5% |
Siblings | 12% |
All others (friends, non-relatives) | 15% |
One critical timing point: Pennsylvania offers a 5% discount on the inheritance tax if it's paid within three months of the date of death. That discount can add up to real money on a large estate — which is one of the strongest reasons not to delay engaging an attorney after a loss.
The federal estate tax is separate, but it only applies to estates exceeding approximately $15 million (as of 2026), so most Pennsylvania families won't owe it.
Step 10: Distribute Assets to Beneficiaries and Close the Estate
Once debts, expenses, and taxes have been paid, the remaining estate assets can be distributed to the beneficiaries named in the will — or, if there was no will, according to Pennsylvania's intestacy laws.
Before closing the estate, Pennsylvania requires the executor to file a formal accounting (or Family Settlement Agreement) with the Register of Wills that documents all assets received and all payments made. Beneficiaries must be notified and given an opportunity to review the accounting.
Once the accounting (or Family Settlement Agreement) is approved, the estate is officially closed, and the executor is discharged from their duties.
For a straightforward estate, the full process typically takes 9 to 24 months. More complex estates — with real estate to sell, disputes among beneficiaries, many beneficiaries, property in multiple states, business interests, or significant tax issues — can take longer.
You Don't Have to Navigate a Loved One Dying Alone
If you're reading this because your loved one has died, I want you to know: what you're facing is genuinely hard. Probate involves court filings, legal deadlines, tax returns, financial accounting, and often emotionally charged family dynamics — all at the worst possible time.
At The Pittsburgh Probate Law Firm, we guide Pittsburgh families through every step of this process. We handle the legal maze — the court filings, creditor notices, inheritance tax returns, and final accounting — so you can focus on your family and your healing.
Your first step is simple: a free consultation. Call us at 412-214-2904 or book online at pittsburghprobatelawfirm.com. No pressure. No obligation. Just answers.
Wendy Witt is a Pittsburgh probate attorney at The Pittsburgh Probate Law Firm, serving families when someone dies in Pennsylvania across Allegheny County and all Pennsylvania counties. This post is for general informational purposes and does not constitute legal advice. Every estate is different — please consult an attorney about your specific situation.
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