Key deadlines and timelines in Pennsylvania probate include:
For a downloadable pdf of the Pennsylvania probate deadlines and timelines guide, click Pennsylvania Probate Deadlines and Timelines.
TYPE OF FILING
DEADLINES
Authority
Notice of estate administration
Within 3 months after grant of letters
Pa. O.C. Rule 10.5(a)
Certification of notice
Within 10 days after giving notice of estate administration
Pa. O.C. Rule 10.5(d)
Service of citation to obtain jurisdiction of person
Within 6 months of order awarding citation, when no other time is specially fixed; must be served at least 20 days before responsive pleading due, in same manner as service of original process (if not to obtain original jurisdiction, serve by mail)
Pa. O.C. Rule 3.5(3)-(4)
Filing and service of responsive pleading to citation or petition initiating proceeding
Within 20 days of date of notice or filing, whichever later (party residing out of country has 60 days); or on or before date certain in citation
Pa. O.C. Rule 3.7(a) / 20 Pa. C.S. §764
Filing of responsive pleadings to subsequent pleadings
Within 20 days after service of the preceding pleading
Amended pleading after preliminary objections
Within 20 days after service of preliminary objections without consent of other parties and without leave of court
Pa. O.C. Rule 3.9(d)(1)
Answer after preliminary objections overruled
Within 20 days of order overruling preliminary objections
Pa. O.C. Rule 3.9(e)(1)
Within 20 days after entry of order concerning such amended petition
Pa. O.C. Rule 3.9(e)(2)
Demand for trial by jury
At least 10 days prior to the initial hearing before the orphans’ court division; if initial hearing dispensed with, at least 10 days prior to trial
Filing of caveat bond
Within 10 days after filing of petition for probate or grant of letters, or after filing of caveat, whichever is later
Challenge to probate of will
Appeal within 1 year of decree; court may limit time to 3 months upon petition of party in interest
Within 10 days of final applicable order
Spouse’s election to take or not take elective share
Before expiration of 6 months after decedent’s death or before expiration of 6 months after date of probate, whichever is later
Petition for extension of time to take election
Prior to expiration of 6 months as provided in 20 Pa. C.S. §2210
Proceeding to interpret formula clause for federal tax purposes
Within 12 months following death of decedent
Payment of life insurance payable to estate less than $11,000
After 60 days following death, insurance company may pay all or part of that amount to spouse, child, parent, or sibling if no written claim received
Petition to revoke distribution decree – small estate
Within 1 year after decree of distribution made
Opening of probate record to receive proof of later will or codicil
If later will submitted within 3 months of testator’s death but after register probated earlier instrument, with at least 10 days’ notice to petitioner who presented probated instrument
Granting of letters
Not after expiration of 21 years from decedent’s death, unless cause shown
Issuance of letters to principal creditors, other fit persons, or redevelopment authority
Not until 30 days after decedent’s death
No later than date account filed or due date for filing of inheritance tax return, whichever is earlier; if filing requested on earlier date, within 3 months after appointment of personal representative or within 30 days after request, whichever is later
Within 30 days of discovery of additional property
Notice of continuation of business
Within 5 days after order authorizing personal representative to continue any business of estate for benefit of estate, if prior notice not given
Notice of devise or bequest to corporation or association
Within 3 months after grant of letters
Deadline to appoint personal representative after suggestion of death
Within 1 year after suggestion of death filed
Limitations against debt due estate
Until end of 1 year following decedent’s death
Judgments which are liens at death
Bind real estate for 5 years from inception or last revival of lien or for 1 year from decedent’s death
Statute of limitations for claims not barred at death
Not barred until expiration of 1 year after death
Notice after settlor of revocable trust has died
No later than 30 days after date on which trustee learns personal representative has been appointed
Limitation upon claims
Claims against decedent unenforceable after 1 year from death against bona fide grantee or holder
Notice to Commonwealth and political subdivisions with claim for maintaining decedent
Within 3 months after grant of letters
Any time after 4 months from first complete advertisement of original grant of letters; may be cited to file any time after expiration of 6 months from first advertisement
Petition to review final confirmation of account
Within 5 years after final confirmation
Petition with annexed account – Estates not exceeding $50,000
After expiration of 1 year from date of first complete advertisement of the grant of letters
Rights of claimants against personal representative and distributed property
If claim known within 1 year after first complete advertisement of grant of letters; with respect to real property, if notice filed within 1 year of death – claim expires at end of 5 years after death
Notice of claim
Within 60 days of mailing or delivery of demand to make claim or within 1 year from first complete advertisement of grant of letters, whichever is later
20 Pa. C.S. §3532(b.1)
Petition to establish title to real estate
1 year after death if no letters have been granted; or within 6 years of death if personal representative has been appointed but has not filed account
Custodian compliance with request regarding digital assets
Not later than 60 days after receipt of information required under Digital Assets act
Application for order directing custodian compliance
After 60 days has passed with no compliance from custodian
Powers of foreign fiduciary
Not exercisable in Commonwealth for 1 month after decedent’s death
Presumption of death from absence
7 years after last heard of (if exposure to specific peril, less than 7 years upon sufficient finding)
20 Pa. C.S. §5701(b)-(c)
Appointment of trustee for absentee
After 1 year of absence
Notice of account filing
Mailed at least 20 days prior to audit in counties with Orphans’ Court Division or 20 days prior to date objection must be filed in all other counties
Answers to objections, preliminary objections to objections, and answers to preliminary objections
Within 20 days after service of applicable preceding pleading
Notice to Attorney General – charitable interest
At least 20 days in advance of proceeding involving or affecting charitable interest
Filing of original document
Within 14 days of service of notice to file original
Auditor or Master report
Within 90 days after appointment
Status Report by Personal Representative
If administration not completed within 2 years of decedent’s death, file status report at that time, and annually thereafter
The Pennsylvania Probate Estates and Fiduciaries Code can be accessed here.
The Supreme Court Orphans’ Court Rules can be accessed here.
