Pittsburgh Probate Attorneys 

45+ Years of Helping Clients Plan for Their Futures in Armstrong, Allegheny, Beaver, Washington, Butler, Westmoreland Counties

If your loved one recently died (with or without a will), you may be wondering what needs to be done with respect to assets and property that person owned during their life – our Pittsburgh Probate Attorneys can guide you through this legal process. Call Herb & Winters Law today to schedule a consultation with one of our Pittsburgh Probate Attorneys today! 

Call (412)533-4821 or contact Herb & Winters Law online to schedule a consultation so you can get answers to your questions about will contests. 

Probate of a Will in Pittsburgh

A Probate Attorney in Pittsburgh from Herb & Winters Law can help guide you through the probate process that includes but is not limited to things like: 

1. Will: As for the start of the probate process, the first step is to locate the most recent will – if there is one in existence – and ensure that it is kept in a safe place. The will is a highly important document and is required to formally start the probate process. If you have the will in your possession, then we normally ask that you bring the will with you to your initial consultation. If you do not have the will in your possession, we can still have the initial consultation where we begin gathering preliminary information; however, before the formal legal process of probate begins, you will have to find the will. 
2. Death Certificate: Another important step is to get a copy of the death certificate. The formal probate process cannot begin without a death certificate. Generally, we have seen clients in the past get death certificates as quickly as two weeks and, in some cases, as long as several months. 
3. Submitting Will to Probate: Once all the necessary documents are gathered, we will submit the necessary documents to the Register of Wills with the request that the will be admitted to probate. A will being admitted to probate by the Register of Wills is the first official act in the probate process. By issuing letters testamentary, the Register is formally allowing an estate to be opened. 
4. Appointment of Executor or Administrator: If an executor is named in the will and that person is willing and able to perform the duties of executor, then the executor is appointed at the same time the will is admitted to probate. The executor is a fiduciary of the estate who must act in the best interests of the estate. A Pittsburgh Probate Attorney can help guide an executor through the probate process and inform them of their duties. If no executor is named in the will or if the executor named in the will is unwilling or unable to perform the duties of executor, then an administrator will have to be appointed. There is a statute that governs who will have priority to the position of administrator. An administrator performs essentially the same functions as an executor of the will. If you have questions about being appointed executor or whether you can petition to be administrator, then you should schedule a consultation with a Pittsburgh Probate Attorney with Herb & Winters Law. 
5. Sending Out Notices: Notices also have to be sent out to heirs listed in the will and heirs that would have taken at law had there been no will. Notices are required by law. 
6. Identifying All Assets: During the probate process, you will want to be sure that you are aware of all of the decedent's assets and properties at the time of their death because all probate property will have to be accounted for and disclosed during the probate process. 
7. Tax Issues: At Herb & Winters Law, our Pittsburgh Probate Attorneys will help you with tax issues that need to be addressed during the probate process. Inheritance tax returns will have to be filed with the Department of Revenue. Currently, Pennsylvania inheritance tax rates are as follows: 4.5% tax applied to transfers to direct descendants and other lineal heirs like grandchildren; 12% tax on transfers to siblings; and 15% tax on transfers to any other heir, with the exception of charitable organizations, exempt institutions, and government entities that do not pay any tax. No tax is applied to transfers to a surviving spouse or to a parent from a child under the age of 21. There also is a federal estate tax; however, most people do not have to worry about that because in 2023 the federal estate tax exemption is $12.92 million and can be combined between spouses to a total tax exemption of $25.84 million. If you have tax questions relating to probate, then call our law firm today to schedule a consultation with one of our Pittsburgh Probate Attorneys. 
8. Dealing with Debts: Another part of the probate process is settling debts that the deceased owed. Depending upon the facts, some debts should be paid, while there may be legitimate and perfectly legal reasons for not paying other debts. Some debts that legally must be paid can sometimes be negotiated down to a lesser sum. There are strict time deadlines that must be met to file claims against an estate. 
9. Contested Estates: Contested estates can occur when someone files a will contest challenging the validity of the probated will. Contested estates can also occur when disputes arise as to the administration of the estate by the executor or administrator. The Probate Attorneys at Herb & Winters Law also have experience dealing with contested estates. 
10. Distributions: Distributions of assets can wait until the very end of the probate process.  However, an advance distribution of assets can be made to beneficiaries if the executor allows such to occur and the beneficiaries are willing to sign certain paperwork that protects the estate and executor against adverse risks should something happen before final distribution (for example, an unexpected contested estate). 

How Can I Prevent the Need for Probate?

If you are interested in learning how to avoid the probate process, then you should speak with one of our Pittsburgh Trust Attorneys from Herb & Winters Law. 

While you cannot take measures to avoid probate after someone has died, you can take measures during your lifetime to either reduce or eliminate the need for probate, which could result in significant cost savings for your heirs. 

In Pennsylvania, there are several practical tools that can help you limit which assets have to pass through an estate. For example, you can use beneficiary designations on bank accounts, retirement plans, and life insurance so that those funds pass directly to your chosen beneficiaries. In addition, you can consider using joint ownership with rights of survivorship, payable-on-death designations, or revocable living trusts so that certain property is transferred outside of the traditional probate process. A Pittsburgh Probate Lawyer can help you understand how each of these options works with your overall estate plan.

When we meet with you to discuss avoiding probate, we also look at the practical realities in Allegheny County and the surrounding counties where your property is located. Titling real estate, closely held business interests, and family cabins properly is especially important, because mistakes with these larger assets can lead to a full estate being opened even if most of your other property is set up to transfer outside of probate. By reviewing your current assets and goals, we can work with you to build a plan that balances convenience, tax considerations, and family dynamics.

People sometimes worry that taking steps to avoid probate means giving up control of their assets while they are still alive. In many situations, that is not the case. With careful planning, you can keep the ability to manage, sell, or change how assets are held, while still setting things up so that your family does not have to navigate a complex court process later. We will walk you through different approaches, explain the pros and cons in plain language, and help you decide which steps feel right for you and your beneficiaries.

What If the Person Who Is Deceased Died Without a Will?

You should click on and review the information from our “Inheritance Attorney” webpage. 

When someone dies without a will in Pennsylvania, their estate is distributed according to the state intestacy laws rather than their personal wishes. Those rules set out which family members inherit and in what shares, and the outcome can surprise people, particularly in blended families or second marriages. In Allegheny County and other Western Pennsylvania counties, the Register of Wills and Orphans’ Court will still be involved, and an administrator will need to be appointed to handle the estate. A probate attorney Pittsburgh families trust can help you understand where you stand before you make decisions or agree to sign any paperwork.

If there is no will, questions often arise about who has the right to serve as administrator and how quickly important steps need to be taken. We will help you gather information about the deceased person’s assets and debts, review the family tree, and determine who may petition the court to open an estate. This can be especially important if there is tension among relatives or if someone begins using or selling property without formal authority. By getting clear guidance early, you can reduce the risk of disputes and protect your own interests.

Dying without a will can also affect minor children, business interests, or real estate that is still in the name of the deceased person. In some situations, additional court proceedings may be needed to sell property or to appoint a guardian of the estate for a child. We will explain what is required in your situation, help you evaluate whether a formal estate must be opened, and outline the steps that will likely be involved so that you know what to expect from start to finish.

Understanding Estate Administration in Pittsburgh

Probate and estate administration are closely related, but they are not exactly the same thing. Probate focuses on proving the will and opening the estate, while estate administration covers the day-to-day work of gathering assets, paying valid claims, and making distributions. In Allegheny County and the surrounding counties, these tasks must be completed in compliance with Pennsylvania law and with the oversight of the Register of Wills and Orphans’ Court. Working with an estate administration attorney Pittsburgh families can rely on helps ensure that each step is handled correctly and within the required time frames.

Once an executor or administrator is appointed, that person becomes responsible for safeguarding estate property and keeping careful records. That may involve securing a residence, changing locks, forwarding mail, and making sure that bank accounts and investment accounts are not being used improperly. In addition, the personal representative must keep track of every dollar that comes into and goes out of the estate so that a clear accounting can be provided to beneficiaries or to the court if needed. We can help you put practical systems in place so that this recordkeeping does not become overwhelming.

Estate administration also requires careful communication with heirs, beneficiaries, and creditors. Notices must be sent, claims must be evaluated, and difficult conversations sometimes have to occur when expectations do not match what the will or intestacy laws provide. We assist personal representatives with drafting correspondence, responding to questions, and making informed decisions about how to resolve disputes before they turn into formal litigation. By drawing on our decades of experience in Pittsburgh and the surrounding region, we help you navigate both the legal requirements and the family dynamics that often arise during this process.

Call (412)533-4821 or contact Herb & Winters Law online to schedule a consultation so you can get answers to your questions about will contests. 

Frequently Asked Questions

How Long Does Probate Usually Take in Pennsylvania?

The length of probate in Pennsylvania can vary depending on the size and complexity of the estate, but it is common for the process to take anywhere from several months to more than a year. Creditors have specific time periods to file claims, and tax returns or property sales can extend the timeline. In Allegheny County and nearby counties, scheduling and court availability can also affect how quickly certain steps are completed.

Do All Assets Have to Go Through Probate?

Not all assets are subject to probate. Property that is held in joint tenancy with rights of survivorship, assets with valid beneficiary designations, and certain trust assets typically pass outside of the formal estate process. On the other hand, solely owned real estate, bank accounts without beneficiaries, and personal property often must be included in the probate estate. Reviewing how each asset is titled is an important early step.

What Should I Bring to an Initial Probate Consultation?

For an initial consultation, it is helpful to bring any will, codicils, or trust documents, along with a death certificate if it is available. You should also gather basic information about the deceased person’s assets and debts, including recent account statements and property tax bills. If you have received any correspondence from the Register of Wills, Orphans’ Court, or creditors, bringing those documents will allow us to provide more specific guidance about next steps.

Can Probate Be Handled If I Live Outside Pennsylvania?

Yes, it is possible to administer an estate in Pennsylvania even if you live in another state. Out-of-state executors or administrators may have additional requirements, such as appointing a local agent for service, but they can still fulfill their duties with the right support. We regularly work with family members who live outside the Pittsburgh area, using phone calls, secure document sharing, and mail to keep the process moving smoothly.

Call Our Pittsburgh Probate Attorneys Near You

In short, Pittsburgh probate attorneys at Herb & Winters Law can assist you with the probate process. Be proactive and schedule a consultation today with the Pittsburgh probate attorneys at Herb & Winters Law, so that you can start getting answers to your legal questions. 

Below are some of the ways we commonly assist clients during probate and estate administration:

• Explaining your role so that you understand the duties of an executor or administrator before you accept the appointment.
• Outlining the process from opening the estate with the Register of Wills in Allegheny County to completing final distributions and closing the estate.
• Reviewing documents such as the will, death certificate, account statements, and notices you have received so that you know what each item means.
• Identifying key deadlines for creditor claims, inheritance tax returns, and required filings with the court so that nothing important is missed.
• Answering your questions about how Pennsylvania law applies to your situation, including issues that may require a probate lawyer Pittsburgh families can turn to for clear guidance.

When you contact our office, we will talk with you about where the estate will be handled, whether that is in Pittsburgh or in one of the neighboring counties, and what stage you are currently in. Some families reach out to us before anything has been filed with the Register of Wills, while others call after they have already been named as executor and are unsure of their next steps. In either situation, a Pittsburgh Probate Lawyer at our firm can outline a plan for moving forward that fits the size and complexity of the estate.

We understand that reaching out to a law firm after the death of a loved one can feel overwhelming, especially if you have never dealt with the court system before. During an initial meeting, we can review any documents you have received, answer your immediate questions about deadlines or notices, and explain which tasks you can handle yourself and which ones we can take off your plate. Our goal is to make the probate and estate administration process as clear and manageable as possible so that you can focus on your family while we address the legal details.

Call (412)533-4821 or contact Herb & Winters Law online to schedule a consultation so you can get answers to your questions about will contests.