Estate Administration · Pittsburgh

Someone Died in Pennsylvania: What to Do Now

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Pennsylvania’s deadlines do not adjust for grief. The inheritance tax return is due within nine months of death. Assets freeze, bills accumulate, and family tension surfaces before most people know what authority they have or what the law requires of them.

This page covers the sequence of steps most Pennsylvania families face after a death. For the executor’s specific obligations once administration begins, see our page on executor duties in Pennsylvania. For the full probate process from filing to distribution, see estate administration and probate in Pennsylvania.

Lebovitz & Lebovitz, P.A. · Serving Pittsburgh and Western Pennsylvania since 1933. Based in Swissvale near the Parkway East (Swissvale–Edgewood exit).

The Immediate Steps When Someone Dies in Pennsylvania

Several things need to happen within the first days and weeks. Some are practical. Some are legal. All have consequences if they are handled out of order or not at all.

• Secure the death certificate. The funeral home typically handles death certificate filings with the state. Obtain at least eight to ten certified copies. Banks, financial institutions, transfer agents, the Register of Wills, and the inheritance tax bureau each require a certified original, not a photocopy. Ordering more at the outset is less expensive than reordering later.
• Notify immediate institutions. Banks, investment firms, insurance companies, and the Social Security Administration should be notified promptly. Social Security will reclaim any payment deposited to a deceased recipient’s account for the month of death. If automatic deposits continue after notification, they will be reversed. Act before the next payment cycle.
• Secure the property. If the decedent lived alone, secure the residence. Change the locks, ensure valuables are protected, and keep a written record of the contents. Estate property must be preserved until administration is complete. Taking property or allowing access without authorization creates liability for everyone involved in the estate.
• Locate the will and estate documents. The will names the executor and controls how the estate is distributed. If no one knows where the original is kept, check safe deposit boxes, home files, and any estate planning attorney the decedent used. An attorney in Pennsylvania can petition the Register of Wills to search for a filed will.

Locating Documents: The Will, the Deed, the Accounts

Estate administration cannot proceed without the foundational documents. Most estate problems trace to one of two causes: a document that does not exist, or a document that exists but cannot be located. Work through this list before concluding any document is missing.

• The will. The original signed will, not a copy. Pennsylvania requires the original for probate. The Register of Wills in the county where the decedent resided is the proper filing location.
• The deed. For any real estate the decedent owned, locate the deed. It identifies how title was held: solely, jointly, or in trust. How title was held at death determines whether the property passes through probate or outside of it.
• Financial account statements. Bank accounts, brokerage accounts, retirement accounts, and life insurance policies. Check whether each account has a named beneficiary or payable-on-death designation. Accounts with designations pass outside the will regardless of what the will says.
• Tax returns. The prior two to three years of federal and Pennsylvania returns help identify income-producing assets and accounts the executor may not otherwise locate.
• Safe deposit box. If the decedent held a safe deposit box, the executor must petition the bank for access using letters testamentary or letters of administration issued by the Register of Wills. Boxes cannot be opened without proper legal authority.

Does This Estate Go Through Probate?

Not every asset is subject to probate. The answer depends on how each asset is titled and whether it carries a beneficiary designation.

Assets that typically pass through probate: property in the decedent’s name alone with no beneficiary designation, including real estate, bank accounts, and investment accounts that are solely titled without a transfer-on-death designation.

Assets that pass outside probate: jointly held accounts with right of survivorship (which transfer to the surviving joint owner), accounts with named beneficiaries, life insurance with named beneficiaries, and retirement accounts with named beneficiaries. These assets pass by contract or operation of law, not through the will. Pennsylvania does not permit transfer-on-death deeds for real estate, so real estate owned solely by the decedent almost always passes through probate.

For real estate specifically, see our page on what happens to a house in probate in Pennsylvania.

The Executor’s Role and Timeline

The executor is the person named in the will to administer the estate. If there is no will, the Register of Wills appoints an administrator. Either way, the function is the same: gather the assets, pay the debts and taxes, and distribute the remainder to the people entitled to it.

The executor’s core obligations in Pennsylvania include probating the will with the Register of Wills, publishing a legal notice to creditors, filing a complete asset inventory, filing the REV-1500 inheritance tax return, resolving claims, and making final distributions. The process typically takes six to twelve months for a straightforward estate. For the full timeline and what affects it, see our page on how long probate takes in Pennsylvania. For the specific duties at each stage, see our page on executor duties in Pennsylvania.

Executors are fiduciaries. They are legally obligated to act in the interest of the estate and its beneficiaries, not in their own interest. An executor who delays without cause, fails to communicate with beneficiaries, or mismanages estate funds has violated that obligation. Beneficiaries who experience unjustified delay have legal remedies. See our page on executor delay in Pennsylvania.

Pennsylvania Inheritance Tax: What to Know Now

Pennsylvania imposes an inheritance tax on most transfers at death. The rate depends on the relationship between the decedent and the beneficiary:

• 0% for a surviving spouse
• 4.5% for lineal descendants (children, grandchildren) and ancestors (parents, grandparents)
• 12% for siblings
• 15% for all other heirs

The return (REV-1500) is due within nine months of the date of death. Pennsylvania offers a 5% discount on tax paid within three months. For most estates, planning for the discount window should begin as soon as estate assets are identified. For rates, valuation rules, and the filing process, see our page on Pennsylvania inheritance tax.

What If There Is No Will?

When someone dies without a will in Pennsylvania, the estate passes by intestate succession: a statutory formula that distributes assets among surviving relatives in a fixed order. The formula is not flexible and does not account for the decedent’s actual intentions or relationships.

The surviving spouse does not automatically receive everything. Pennsylvania’s intestate succession formula divides the estate between the surviving spouse and the decedent’s children or parents depending on the circumstances. Unmarried partners receive nothing under Pennsylvania intestate law regardless of the length or nature of the relationship. For who receives what and in what share, see our page on intestate succession in Pennsylvania and what happens when someone dies without a will.

When Family Conflict Surfaces During Estate Administration

Estate administration is a legal process, but it unfolds within families. The combination of grief, money, and unequal relationships produces disputes in estates that were otherwise uncomplicated. The most common sources of conflict: disagreements over who receives specific property, disputes over whether the will accurately reflects what the decedent intended, concerns about the executor’s conduct, and conflicts over what should happen to real estate the family grew up in.

Not every dispute requires litigation. Many are resolved through clear communication, transparency in the administration, and legal counsel that understands what the law permits and what it requires. Where disputes cannot be resolved, Pennsylvania’s Orphans’ Court has authority over all estate matters, including will contests, executor removal, surcharge, and compelled accounting. For disputes involving the estate, see our page on estate litigation in Pennsylvania and beneficiary rights in Pennsylvania.

Working With a Pittsburgh Estate Attorney

Estate administration looks straightforward until something goes wrong. The inheritance tax window closes, a creditor surfaces after distributions are made, or a beneficiary files a petition in Orphans’ Court. By that point the executor is personally exposed. Families who work with an estate attorney from the start avoid the mistakes that are expensive to fix later.

Common executor errors with long-term consequences: filing the inheritance tax return late and losing the 5% early-payment discount; failing to give proper notice to creditors and remaining exposed to claims after distributions; distributing assets before inheritance tax is paid and creating shortfalls; and making distributions in the wrong amounts or to the wrong people. An attorney who handles estate administration regularly identifies these problems before they occur. For the full administration process, see estate administration and probate in Pennsylvania. For the planning documents that reduce these problems, see estate planning documents in Pennsylvania.

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Stephen H. Lebovitz is an estate planning and probate attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania, advising families on estate administration, executor duties, and probate matters throughout Allegheny County.

Pennsylvania estate planning documents must satisfy the execution requirements of the Probate, Estates and Fiduciaries Code, found in Pennsylvania statutes. Estate and inheritance tax obligations are administered by the Pennsylvania Department of Revenue.