Pennsylvania Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- ≈$100–$500+ (by county & estate size)e.g., Philadelphia: ~$174 (small estates) to ~$895+ ($500k–600k)
- Small-estate threshold
- $50,000gross value, excluding real estate (20 Pa.C.S. § 3102)
- Executor compensation
- Reasonable compensationcourts often reference the Johnson estate guideline schedule
- Where filed
- Register of Wills; disputes in Orphans' Court
Pennsylvania probate starts at the county Register of Wills, and each county sets its own probate fees — most scale with the estate. Philadelphia, for example, charges from about $174 for the smallest estates to roughly $895 or more for estates between $500,000 and $600,000.
Estates whose personal property totals $50,000 or less (excluding real estate) can use the small-estate petition under 20 Pa.C.S. § 3102 — a single Orphans' Court filing that distributes the property without a full administration. Separately, § 3101 lets employers and banks release limited wages and funds directly to family without any letters at all. Pennsylvania also levies a state inheritance tax (0% to spouses, 4.5% to children) that is usually a bigger number than the court costs.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Probate fee (letters)Philadelphia: ~$174 to ~$895+ | ≈$100–$500+ (county & size-scaled) | Official fee |
| Short certificates | $5–$10 each | Official fee |
| Advertising the estate (legal journal + newspaper) | $80–$300 | Estimate |
| PA inheritance tax5% discount if paid within 3 months of death | 0% spouse / 4.5% lineal / 12% sibling / 15% other | Official fee |
| Attorney — routine estate | $2,500–$8,000+ | Estimate |
Register of Wills fees vary by county — check your county's schedule. Inheritance tax is a Commonwealth levy, separate from court fees.
Requirements
| Requirement | Rule |
|---|---|
| Small-estate petition | Personal property ≤ $50,000, real estate excluded (20 Pa.C.S. § 3102) |
| Direct payments without letters | Wages/bank funds up to statutory caps payable to family (§ 3101) |
| Probate of will | Original will + death certificate to the Register of Wills; executor sworn in |
| Inheritance tax return | Due within 9 months of death (REV-1500) |
The process, step by step
- Probate at the Register of Wills. Bring the original will, death certificate and ID; pay the county fee; letters testamentary/administration issue, often same day.
- Advertise the estate. Publish the grant of letters in the county legal journal and a newspaper of general circulation.
- Notice and inventory. Notify beneficiaries (Rule 10.5 certification) and file the inventory.
- Pay debts and inheritance tax. File REV-1500 within 9 months; the 3-month prepayment discount is worth using.
- Close. Family settlement agreement (most common) or formal Orphans' Court accounting.
Forms & where to file
Register of Wills of the county where the decedent resided; estate disputes go to the Orphans' Court Division of the Common Pleas court.
Frequently asked questions
How much does probate cost in Pennsylvania?
County Register of Wills fees typically run from about $100 for small estates to several hundred dollars for larger ones (Philadelphia tops $895 above $500,000). The Commonwealth's inheritance tax — 4.5% to children, 12% to siblings, 15% to others — is usually the larger cost.
What is the small-estate procedure?
If personal property totals $50,000 or less (real estate excluded), a single petition under 20 Pa.C.S. § 3102 lets the Orphans' Court distribute the estate without full administration.
What do executors get paid in PA?
'Reasonable compensation' under § 3537 — there's no statutory percentage, but courts commonly reference the Johnson estate guideline schedule (roughly 5% on small estates, declining for larger ones).
Is there a deadline to probate?
No fixed bar on probating a will, but the inheritance tax return is due within 9 months of death, and paying within 3 months earns a 5% discount.
Related information
Sources & verification
- Philadelphia Register of Wills — probate & estate fee schedule
- 20 Pa.C.S. § 3102 — settlement of small estates
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.