Pathway · Probate
A slower, quieter walk through what comes next.
Probate is rarely as complicated as it feels in the first week. This is a plain-language guide to what actually happens, on your timeline, without anyone rushing you toward a decision.
Nothing on this page is legal or tax advice — it's a guide to help you ask better questions of the people who are advising you. When you're ready for those conversations, our resource list has a starting point.
What happens first?
The first weeks are mostly about breathing and gathering: the will (if there is one), the death certificate, and a short list of the accounts and property involved. Nothing has to be decided quickly.
Do I have to go through probate?
Not always. Small estates, jointly-held property, and assets with named beneficiaries often pass outside probate in Pennsylvania. A short conversation with an estate attorney can usually tell you within an hour.
Should I sell the home?
There's no universal answer. Selling makes sense when heirs need liquidity, when no one wants to live in the house, or when upkeep costs outweigh sentiment. Holding makes sense when the home has income potential, when an heir wants to move in, or when the market timing is poor.
Can I move in?
Sometimes. If you're a beneficiary and the will allows it — or if all heirs agree — living in the home during probate is possible. Insurance, utilities, and maintenance still need to be handled during that time.
Multiple heirs
Shared inheritance is where families slow down the most. It helps to separate three conversations: what the property is worth, what each person wants, and what's fair. They rarely resolve in the same meeting.
Executor checklist
File the will, get letters testamentary, notify beneficiaries and creditors, inventory assets, secure the home, keep insurance active, file final taxes, and distribute what remains. It's methodical, not mysterious.
Timeline
Most Pennsylvania probates take 9 to 18 months from filing to closing. Selling the home usually happens in the middle third of that window, though there's real flexibility.
Tax considerations
Pennsylvania inheritance tax applies to most transfers — the rate depends on the relationship to the deceased. Federal estate tax rarely applies. A stepped-up cost basis often means selling the home triggers less capital gains tax than heirs expect.
Frequently asked questions
Do I need an attorney?
In most Pennsylvania probates involving a home, yes. The filings are straightforward, but small mistakes create long delays. Attorney fees are typically paid from the estate.
What if there's a mortgage?
The mortgage doesn't disappear at death — but it also doesn't come due immediately. You have time to decide whether to keep paying, assume, refinance, or sell.
Can we clean out the house before probate ends?
Personal belongings can usually be sorted at any point, as long as the executor keeps a rough inventory. Structural changes and major sales should wait.
Coming to Crossroads
Probate tools, in progress
We're building small, focused tools to make each of these steps easier. They'll live on this page when they're ready.
- Estate worksheetSoon
- Decision checklistSoon
- Document organizerSoon
- Attorney questionsSoon