What Are the Deadlines And Timelines In Pennsylvania Probate?
Key deadlines and timelines in Pennsylvania probate include:
- Notice of estate administration: within 3 months after grant of letters
- Challenge to probate of a will: appeal within 1 year of decree; can be limited to 3 months upon petition
- Surviving spouse’s elective share election: Within 6 months of death or within 6 months after date of probate, whichever is later
- Accounting: any time after 4 months from first complete advertisement of original grant of letters
For a downloadable pdf of the Pennsylvania probate deadlines and timelines guide, click Pennsylvania Probate Deadlines and Timelines.
TYPE OF FILING | DEADLINES | Authority |
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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) | 20 Pa. C.S. §765 / 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 | Pa. O.C. Rule 3.7(d) |
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) |
Amended petition | 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 | 20 Pa. C.S. §777(d) |
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 | 20 Pa. C.S. §906(a) |
Challenge to probate of will | Appeal within 1 year of decree; court may limit time to 3 months upon petition of party in interest | 20 Pa. C.S. §908(a) |
Appeal bond | Within 10 days of final applicable order | 20 Pa. C.S. §908(b) |
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 | 20 Pa. C.S. §2210(b) |
Petition for extension of time to take election | Prior to expiration of 6 months as provided in 20 Pa. C.S. §2210 | Pa. O.C. Rule 5.4(b) |
Proceeding to interpret formula clause for federal tax purposes | Within 12 months following death of decedent | 20 Pa. C.S. §2803(b) |
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 | 20 Pa. C.S. §3101(d) |
Petition to revoke distribution decree – small estate | Within 1 year after decree of distribution made | 20 Pa. C.S. §3102 |
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 | 20 Pa. C.S. §3138 |
Granting of letters | Not after expiration of 21 years from decedent’s death, unless cause shown | 20 Pa. C.S. §3152 |
Issuance of letters to principal creditors, other fit persons, or redevelopment authority | Not until 30 days after decedent’s death | 20 Pa. C.S. §3155(c) |
Inventory | 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 | 20 Pa. C.S. §3301(c) |
Supplemental Inventory | Within 30 days of discovery of additional property | 20 Pa. C.S. §3303 |
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 | 20 Pa. C.S. §3314 |
Notice of devise or bequest to corporation or association | Within 3 months after grant of letters | 20 Pa. C.S. §3330 |
Deadline to appoint personal representative after suggestion of death | Within 1 year after suggestion of death filed | 20 Pa. C.S. §3375 |
Limitations against debt due estate | Until end of 1 year following decedent’s death | 20 Pa. C.S. §3376 |
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 | 20 Pa. C.S. §3382 |
Statute of limitations for claims not barred at death | Not barred until expiration of 1 year after death | 20 Pa. C.S. §3383 |
Notice after settlor of revocable trust has died | No later than 30 days after date on which trustee learns personal representative has been appointed | 20 Pa. C.S. §3384.1 |
Limitation upon claims | Claims against decedent unenforceable after 1 year from death against bona fide grantee or holder | 20 Pa. C.S. §3385 |
Notice to Commonwealth and political subdivisions with claim for maintaining decedent | Within 3 months after grant of letters | 20 Pa. C.S. §3393 |
Accounting | 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 | 20 Pa. C.S. §3501 |
Petition to review final confirmation of account | Within 5 years after final confirmation | 20 Pa. C.S. §3521 |
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 | 20 Pa. C.S. §3531 |
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 | 20 Pa. C.S. §3532 |
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 | 20 Pa. C.S. §3546 |
Custodian compliance with request regarding digital assets | Not later than 60 days after receipt of information required under Digital Assets act | 20 Pa. C.S. §3916 |
Application for order directing custodian compliance | After 60 days has passed with no compliance from custodian | 20 Pa. C.S. §3916 |
Powers of foreign fiduciary | Not exercisable in Commonwealth for 1 month after decedent’s death | 20 Pa. C.S. §4101 |
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 | 20 Pa. C.S. §5702 |
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 | Pa. O.C. Rule 2.5(d) |
Answers to objections, preliminary objections to objections, and answers to preliminary objections | Within 20 days after service of applicable preceding pleading | Pa. O.C. Rule 2.8(c) |
Notice to Attorney General – charitable interest | At least 20 days in advance of proceeding involving or affecting charitable interest | Pa. O.C. Rule 4.4(a) |
Filing of original document | Within 14 days of service of notice to file original | Pa. O.C. Rule 4.7(b) |
Auditor or Master report | Within 90 days after appointment | Pa. O.C. Rule 9.2 |
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 | Pa. O.C. Rule 10.6 |
Download Pennsylvania Probate Deadlines and Timelines.
The Pennsylvania Probate Estates and Fiduciaries Code can be accessed here.
The Supreme Court Orphans’ Court Rules can be accessed here.