Probate Costs in Pennsylvania

Pennsylvania probate has two moving parts that trip people up: administration costs (court fees, executor pay, attorney fees) and the state’s inheritance tax, which is a separate bill that applies whether or not an estate is formally probated.

How Much Does Probate Cost in Pennsylvania?

Administration costs — filing fees, executor compensation, and attorney fees — typically total 3-6% of the estate’s value for an uncontested estate. Add Pennsylvania’s inheritance tax on top, which depends entirely on who’s inheriting, not the size of the estate.

Using Philadelphia’s published Register of Wills fee schedule and the Johnson Estate executor-fee guideline as a benchmark:

Estate Value	Philadelphia Filing Fee*	Executor Fee (Johnson guideline)	Typical Attorney Fee**	Rough Total (before inheritance tax)
$300,000	$580.25	$13,000	$9,000-$15,000	$22,580-$28,580
$500,000	$790.25	$19,000	$15,000-$25,000	$34,790-$44,790
$1,000,000	$1,315.25	$34,000	$30,000-$50,000	$65,315-$85,315

*Philadelphia’s fee schedule is set countywide and was last confirmed at these rates effective August 2016; other counties (Allegheny, Montgomery, Bucks, etc.) set their own schedules — Allegheny County’s minimum probate filing fee alone is $190.25 and scales up with estate size. Always confirm current fees with the county Register of Wills before filing.

**Attorney fees have no statutory schedule; hourly rates commonly run $150-$650/hour, or 2-5% of estate value on a percentage basis.

Pennsylvania’s Fee System

Probate in Pennsylvania is handled by the Register of Wills in the county where the decedent lived, with contested matters escalating to the county’s Orphans’ Court. Unlike New York, Pennsylvania has no statewide statutory fee schedule for either filing fees or executor commissions — each county Register of Wills sets its own filing fee scale, and executor and attorney compensation are governed by a “reasonable and just” standard rather than a fixed formula.

The closest thing to a statewide benchmark is the Johnson Estate fee schedule, from a 1983 Pennsylvania court opinion, which many Orphans’ Court judges still reference when an executor’s or attorney’s fee is challenged: roughly 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and 2% above $1,000,000 (Klenk Law). It’s a guideline, not a cap or a floor — judges can and do adjust it based on the actual complexity of the work.

Court and Filing Fees

Because fees are set county by county, exact costs vary. Two examples:

• Philadelphia County: a graduated scale from about $174 for estates under $250 in value up to $1,315.25 for the first $1,000,000, with $75 per additional $100,000 above that (Philadelphia Register of Wills fee schedule).
• Allegheny County: a minimum probate filing fee of $190.25, also scaling with estate value (Allegheny County Probate Fees).

If your estate is in a different county, check that county’s Register of Wills office directly — fee schedules are not standardized statewide.

How Long Probate Takes in Pennsylvania

Expect 9 to 18 months for a straightforward, uncontested Pennsylvania estate (SmartAsset; Lieberman & Tamulonis). Two statutory deadlines drive this timeline regardless of how quickly assets are identified: many executors wait out a roughly 1-year creditor period before making final distributions, and the inheritance tax return is due 9 months after death (with a discount incentive to pay even sooner — see below). Complex estates with real estate, business interests, or family disputes take longer.

Small Estate Shortcuts

Pennsylvania’s small estate petition, under 20 Pa.C.S. § 3102, applies when personal property (excluding real estate) totals $50,000 or less. This threshold rose from $25,000 to $50,000 in 2013 and hasn’t changed since.

Key points:

• Real estate ownership doesn’t disqualify an estate from this process — only personal property above $50,000 does.
• The petition goes to the Orphans’ Court division, which can order distribution with reduced formality and, often, no appraisement.
• It’s meaningfully cheaper and faster than full estate administration, though inheritance tax still applies in full.

Pennsylvania’s Inheritance Tax

Pennsylvania is one of only a handful of states with a true inheritance tax — a tax on what each beneficiary receives, based on their relationship to the decedent, rather than a tax on the estate itself. Current rates from the PA Department of Revenue:

• 0% — surviving spouse, and transfers to a parent from a child age 21 or younger
• 4.5% — lineal descendants and ascendants (children, grandchildren, parents)
• 12% — siblings
• 15% — all other beneficiaries (with some exemptions for charities and government entities)

There’s no dollar exemption before these rates kick in — the tax applies from the first dollar transferred. However, paying the tax within 3 months of the date of death earns a 5% discount on the amount owed, and the return is due within 9 months. This tax applies whether or not the estate goes through formal probate, which is why small estates and trust-held assets in Pennsylvania don’t escape it the way they might in states without an inheritance tax. See our inheritance tax guide for how Pennsylvania compares nationally.

How to Reduce or Avoid Probate in Pennsylvania

• Revocable living trusts avoid Register of Wills filing fees and reduce executor/attorney administration work, but assets in a trust are still subject to Pennsylvania inheritance tax when distributed to beneficiaries.
• Beneficiary designations and TOD/POD accounts work for retirement accounts, life insurance, and payable-on-death bank and brokerage accounts. Pennsylvania does not currently allow Transfer-on-Death deeds for real estate — unlike New York, a beneficiary cannot be named directly on a property deed to inherit automatically (Lebovitz Law). Real estate typically requires either probate, a trust, or joint ownership with survivorship rights to avoid the process.
• Joint ownership with rights of survivorship transfers property automatically outside probate, though it comes with lifetime ownership trade-offs.
• Organized records reduce legal fees. Since Pennsylvania attorney fees are billed by time or against estate value rather than a fixed schedule, an executor who can quickly hand over account numbers, deeds, and beneficiary information — rather than making an attorney track them down — typically pays for meaningfully fewer billable hours. Eternal Vault’s document organization is built for exactly that kind of handoff.

For a state-by-state cost comparison, see the complete probate guide.

This is general information, not legal advice. Fees vary by county and case; consult a Pennsylvania estate attorney for guidance specific to your situation.