To get letters testamentary in Pennsylvania, take the original will, a certified death certificate, your government-issued ID, and a rough estimate of the estate’s value to the Register of Wills in the county where the deceased lived. You complete a Petition for Grant of Letters Testamentary there, pay the county’s filing fee, and once the Register accepts the will for probate, letters are issued, often the same day. Banks, brokerages, and title companies will not release accounts or transfer property without this document, so this filing is the first practical step in administering the estate.
Who Can Request Letters Testamentary
Only the person named as executor in the will can receive letters testamentary. If the will names more than one executor, they can serve together as co-executors, or one can step aside by filing a renunciation. The Register verifies that the petitioner matches the name in the will before issuing anything.
Pennsylvania allows non-residents to serve. There is no extra bond requirement or resident-agent rule for an out-of-state executor named in the will, though the court can deny an appointment if it finds the petitioner unfit, and an executor who later moves out of state without posting security when directed can be removed.
If there is no valid will, letters testamentary cannot be issued at all. The court instead grants letters of administration under a statutory priority order that starts with the surviving spouse, then adult children, parents, siblings, and progressively more distant relatives. That is a different filing with a different form and is not what this article covers.
Documents to Bring Before You File
Gather these before your trip to the Register’s office:
- The original will. A photocopy will not do. If the original was lost or destroyed, you can petition to probate a copy, but expect to need witness testimony or other evidence of authenticity.
- A certified original death certificate from the Pennsylvania Department of Health or the local vital records office where the death occurred.
- A rough estimate of the estate’s value covering real estate, bank accounts, investments, vehicles, and personal property. Formal appraisals are not required at this stage.
- Valid government-issued ID such as a driver’s license or passport.
At the Register’s office you complete the Petition for Grant of Letters Testamentary, which asks for the decedent’s full name, date of death, last known address, and the names and addresses of beneficiaries and heirs. Some counties also require an estate information sheet summarizing assets and debts.
Where and How to File
File in the county where the deceased person lived at the time of death. In Philadelphia, you make an appointment with the Register of Wills and complete the petition during that visit.1City of Philadelphia. Begin the Probate Process (With a Will) Other counties handle walk-ins or use their own scheduling systems. Call the specific county office before you go.
Filing fees vary by county and are usually tied to the estate’s value. Bucks County, for example, charges $130 for a small-estate petition.2Bucks County. Petition for Settlement of a Small Estate Expect anywhere from roughly $50 to several hundred dollars depending on the county and the size of the estate.
The Register reviews the will for proper execution. Pennsylvania typically requires witness testimony or sworn affidavits to prove the will is genuine, and if the witnesses are unavailable, other methods of proof may be accepted. Once the Register is satisfied, a decree is entered admitting the will to probate and letters testamentary are granted.
Short Certificates
The piece of paper you actually carry to banks, brokerages, and title companies is called a short certificate. It is the Register’s certified confirmation that you have been legally appointed to administer the estate. Order several copies at the outset. Every institution holding an estate asset will ask for one, and some insist on an original rather than a photocopy. The Register’s office charges a per-copy fee, so ask upfront how many you are likely to need. Most executors order at least six to ten.
If the Named Executor Cannot or Will Not Serve
A named executor who does not want the role can formally decline by filing a renunciation. Pennsylvania uses Form RW-06, which must be signed either in the Register’s office or before a notary. The form also lets you suggest a replacement if the will gives you that authority. File the renunciation before doing anything that could be read as stepping into the executor role, such as accessing estate bank accounts or contacting creditors.
If the will names an alternate, that person can then petition for letters. If no alternate is named and the will does not address the gap, the court applies the intestate priority order to appoint an administrator with will annexed, who carries out the will’s instructions despite not being the originally named executor.
Small Estate Alternative
If the estate is small enough, you may not need letters testamentary at all. In Philadelphia, estates valued at $50,000 or less can use a simplified small estate affidavit rather than a formal petition.3City of Philadelphia. Small Estate Affidavit Other counties use a petition for settlement of a small estate with similar thresholds. This route is faster and cheaper, but only works when total probate assets fall under the limit. Assets that pass outside probate, like jointly held accounts with survivorship rights, life insurance paid to a named beneficiary, and retirement accounts with designated beneficiaries, do not count toward that total.
What Happens After You Receive Letters
Receiving letters is the starting point, not the end. A few obligations kick in right away that are worth knowing before you file, because they affect the timeline you should plan for.
Publishing Notice of Your Appointment
Pennsylvania law requires you to publish a notice of your appointment once a week for three consecutive weeks in a newspaper of general circulation near where the decedent lived, and in the county’s legal journal if one has been designated by the court.4Pennsylvania General Assembly. Pennsylvania Code Title 20 – Section 3162, Advertisement of Grant of Letters The notice includes your name and address and asks anyone with claims against the estate to come forward. You also send written notice to all beneficiaries named in the will and any heirs who would inherit under intestacy law.
Filing the Inventory
You must file a verified inventory of all real and personal estate in Pennsylvania with the Register of Wills. The deadline is the earlier of when you file your estate account or the due date, including extensions, for the Pennsylvania inheritance tax return, which in practice gives you up to nine months. Any beneficiary or other interested party can demand an earlier inventory in writing, which triggers a deadline of three months from your appointment or thirty days from the request, whichever is later.5Pennsylvania General Assembly. Pennsylvania Code 20 Pa.C.S. 3301 – Duty of Personal Representative
Bank and brokerage statements give you clean numbers, but some assets need help. Real estate should be appraised by a licensed appraiser, especially commercial property. Closely held businesses need a professional valuation. Artwork, antiques, and collectibles may need an expert from an auction house. For everyday vehicles, standard pricing guides are usually enough unless the car has collector value.
Inheritance Tax
Pennsylvania imposes an inheritance tax whose rate depends on the beneficiary’s relationship to the decedent:6Pennsylvania Department of Revenue. Inheritance Tax
- 0% for transfers to a surviving spouse, or to a parent from a child who was 21 or younger
- 4.5% for direct descendants such as children and grandchildren
- 12% for siblings
- 15% for everyone else, except charities and government entities, which are exempt
The inheritance tax return (Form REV-1500) is due within nine months of the date of death, and missing that can trigger a penalty of up to 25% of the tax owed or $1,000, whichever is less.7Commonwealth of Pennsylvania. REV-1500 Pennsylvania Inheritance Tax Return Pennsylvania gives you a 5% discount on the tax if you pay within three months of the death, which is worth taking when you can.6Pennsylvania Department of Revenue. Inheritance Tax
Federal estate tax filing on Form 706 applies only to estates with gross assets exceeding $15,000,000 in 2026.8Internal Revenue Service. Estate Tax The federal deadline is also nine months from the date of death, with an automatic six-month extension available via Form 4768.9Internal Revenue Service. Instructions for Form 706 Most Pennsylvania estates fall well below that threshold. You are also responsible for the decedent’s final personal income tax return and, if the estate earns income during administration, a separate fiduciary income tax return.
Debts and Property
You pay the decedent’s legitimate debts from estate funds, including final utility bills, medical expenses, credit card balances, and outstanding loans. If the estate includes real property, keep up with mortgage payments, property taxes, and insurance until it is sold or transferred. Letting a house fall into disrepair or lose insurance is the kind of lapse that can lead to personal liability, so tend to it from day one.