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First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
The Probate Process in Pennsylvania Inheritance Laws Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
Simplified Probate for Small Estates Not all estates must go through a long and expensive probate process. Pennsylvania offers a simplified probate process for small estates, which state law defines as estates that contain no more than $50,000 in assets.
For example, any assets in a living trust or jointly owned under joint tenancy with survivorship rights are considered non-probate assets. In addition, a payable-on-death account is exempt. Retirement accounts are also considered immune from the probate process.
If you and someone else own property together, and this includes right of survivorship such as joint tenancy or tenancy by the entirety, you can avoid the probate process. Certain payable on death designations can be added to items such as a certificate of deposit or savings accounts.
In Pennsylvania, it is only necessary to probate if the decedent owned assets, whether financial or real estate holdings, solely in their name which did not already have a beneficiary designated.
In Pennsylvania, it is only necessary to probate if the decedent owned assets, whether financial or real estate holdings, solely in their name which did not already have a beneficiary designated.
The length of time an executor has to settle an estate in Pennsylvania can vary considerably, typically spanning from several months to over a year, depending on factors like the size and complexity of the estate, the clarity of the will, and whether the probate process is contested.