How to Probate an Estate in Westmoreland County, Pennsylvania

When a loved one passes away, managing their affairs can feel overwhelming—especially when legal processes like probate come into play. Probate is more than just paperwork; it’s a court-supervised procedure governed by state law, deadlines, and specific documentation requirements. While some estates are straightforward, many involve complexities such as real estate, tax issues, or potential disputes among heirs.

That’s why hiring a knowledgeable probate attorney is helpful. An attorney can guide you through the process, help avoid costly mistakes, ensure compliance with court requirements, and give you peace of mind during a difficult time. As a lawyer practicing in Pennsylvania, I often assist clients navigating the probate process in counties like Westmoreland. If you’ve recently lost a family member and are responsible for handling their estate, this post will help guide you through what to expect when probating an estate in Westmoreland County.

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What Is Probate?

Probate is the legal process of settling a deceased person’s estate. This includes:

• Validating the decedent’s will (if there is one),

• Appointing a personal representative (also known as an executor or administrator),

• Collecting and inventorying assets,

• Paying debts and taxes, and

• Distributing what’s left to beneficiaries or heirs.

In Pennsylvania, probate is handled at the county level—so if your loved one was a resident of Westmoreland County, you’ll file in the Westmoreland County Register of Wills.

Step-by-Step: Probating an Estate in Westmoreland County

1. Locate the Will (If Any)

If the deceased left a will, it should name an executor. This person is responsible for carrying out the estate’s administration. If there is no will, Pennsylvania’s intestacy laws will determine who may act as administrator.

2. Gather Key Documents

To begin the probate process, you’ll typically need:

• The original will (if one exists),

• The decedent’s death certificate,

• An estimate of the estate’s value,

• A petition for probate (available through the county),

• A photo ID for the proposed executor/administrator.

  
  

3. File the Petition for Probate

File the required documents with the Register of Wills in the Westmoreland County Courthouse, located at: 2 N. Main Street, Greensburg, PA 15601.

Once accepted, the court will issue Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t), giving the personal representative legal authority to act on behalf of the estate.

4. Notify Heirs and Advertise the Estate

Pennsylvania law requires the personal representative to notify all heirs and beneficiaries and to publish notice of the estate in two local publications. This allows creditors a chance to come forward.

5. Inventory the Estate

Next, the executor must gather and appraise the estate’s assets, including:

• Real estate

• Bank accounts

• Vehicles

• Personal property

• Investment accounts

• Etc.

A formal Inventory must be filed with the Register of Wills, usually within nine months of the date of death.

6. Pay Debts and Taxes

Before distributing assets, the estate must satisfy all valid debts, including:

• Funeral expenses

• Outstanding bills

• Credit cards

• Taxes (Pennsylvania imposes an inheritance tax, due within nine months of death, there is a 5% discount if paid within three months and interest begins to accrue after the nine month deadline)

• Etc.

Proper tax filings—including the PA Inheritance Tax Return and possibly a final federal income tax return—must be submitted.

7. Distribute Remaining Assets

After debts and taxes are paid, the remaining estate can be distributed according to the will or, if there is none, Pennsylvania’s intestacy laws. In many cases, a family settlement agreement can help formalize and close the estate without court intervention.

8. Close the Estate

Finally, the executor may file a final account with the Orphans’ Court and request approval to close the estate. If there are no disputes and all matters are settled, the court will issue a decree approving the distribution and discharging the executor.

Should You Hire a Lawyer?

While probate can be handled without legal counsel in small or simple estates, many families benefit from working with a probate attorney—especially when:

• The estate includes significant or complex assets,

• There are disputes among heirs,

• There are creditor claims or tax issues,

• The decedent owned property in multiple states.

A lawyer can help ensure the process is handled properly and efficiently, preventing costly mistakes or delays.

Conclusion

Probating an estate in Westmoreland County doesn’t have to be intimidating. With the right preparation—and legal guidance where necessary—you can carry out your loved one’s wishes and fulfill your responsibilities with confidence. If you have questions about probate or need assistance with estate administration, don’t hesitate to reach out at 724-832-8700 ext. 129 or cseigfreid@mshblaw.com.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized legal guidance, please contact our office.