Losing a loved one is never easy—especially when they pass away without a will. Known as dying “intestate,” this situation can complicate the probate process and leave families with a lot of unanswered questions. One of the most common concerns we hear at Gieg & Jancula, a trusted estate planning law firm in Altoona, PA, is: How long does probate take without a will in Pennsylvania?
In this blog, we’ll walk you through the probate timeline, explain what happens when someone dies intestate in Pennsylvania, and offer insight into how our law firm can help streamline the process.
What Is Probate?
Probate is the legal process by which a deceased person’s assets are gathered, debts are paid, and the remaining estate is distributed to heirs. If a will exists, the estate is distributed according to that document. But if there is no will, Pennsylvania’s intestate succession laws determine who inherits what.
How Probate Works Without a Will in Pennsylvania
When someone dies without a will, the court appoints an administrator—often a close family member—to manage the estate. This person performs many of the same duties as an executor but must strictly follow the state’s intestacy laws.
The process typically includes:
- Filing a petition with the Register of Wills
- Appointing an estate administrator
- Gathering and valuing the deceased’s assets
- Paying off debts and taxes
- Distributing remaining assets according to Pennsylvania law
So, How Long Does Probate Take Without a Will?
On average, probate without a will in Pennsylvania takes 9 to 18 months, but this can vary significantly based on several factors:
1. Size and Complexity of the Estate
Smaller estates with limited assets and no disputes may move through probate relatively quickly. On the other hand, larger estates with multiple assets (such as real estate, investment accounts, and business interests) can take much longer to administer.
2. Number of Heirs and Potential Conflicts
When multiple heirs are involved—especially if they disagree on how the estate should be handled—probate can slow down. Disputes may result in litigation, adding months or even years to the timeline.
3. Debts and Creditor Claims
Before distributing assets, the administrator must settle the deceased’s outstanding debts. Pennsylvania law requires creditors be notified and given a window to submit claims—typically six months. If significant debt is involved, this phase can delay the process.
4. Court Backlogs
Probate cases are handled by the local Orphans’ Court in the county where the decedent lived. Depending on court availability and caseload, scheduling delays can add time.
5. Missing or Unclear Financial Records
Without a will, there’s often no clear road map for the deceased’s wishes or assets. Locating bank accounts, insurance policies, or property deeds can take significant time, especially if financial records are incomplete.
Pennsylvania Intestate Succession Laws
When no will is present, Pennsylvania law dictates who inherits the estate. These rules are designed to reflect the likely wishes of most individuals but can sometimes result in unexpected outcomes.
Here’s a simplified breakdown of who inherits under Pennsylvania intestate laws:
- Spouse and No Children or Parents – Spouse inherits everything
- Spouse and Children from That Marriage – Spouse gets the first $30,000 plus half the remainder; children get the rest
- Spouse and Children from Another Relationship – Spouse gets half; children get half
- Spouse and Parents (No Children) – Spouse gets the first $30,000 plus half the remainder; parents get the rest
- No Spouse, With Children – Children inherit everything
- No Spouse or Children – Parents, then siblings, then extended family inherit in that order
These rules can seem straightforward on paper but are often more complicated in practice. That’s why having an experienced estate attorney is essential.
Are There Ways to Speed Up Probate in Pennsylvania?
Yes—there are a few strategies that can reduce the probate timeline:
1. Small Estate Affidavit (Simplified Probate)
If the total estate value is less than $50,000 (not including real estate or certain exempt assets), Pennsylvania allows a simplified probate process. This can significantly shorten the timeline—sometimes to just a few months.
2. Proper Legal Representation
Working with a probate attorney like those at Gieg & Jancula ensures the process is handled efficiently and according to the law. We manage paperwork, meet court deadlines, and resolve issues quickly to avoid unnecessary delays.
3. Proactive Communication with Heirs and Creditors
Keeping beneficiaries and creditors informed can prevent disputes and speed up claim resolution.
What Happens If You Don’t Go Through Probate?
In most cases, probate is required to legally transfer ownership of the deceased’s assets. Failing to complete probate can result in:
- Frozen bank accounts
- Title issues with real estate
- Legal disputes among heirs
- IRS or Pennsylvania Department of Revenue complications
Even when there’s no will, probate ensures the estate is settled properly under state law.
What Gieg & Jancula Can Do for You
Navigating probate without a will can feel overwhelming—especially when you’re already dealing with the loss of a loved one. At Gieg & Jancula, we help Altoona families manage every step of the process with compassion and clarity.
Here’s how we support our clients:
- File necessary court documents promptly
- Assist in locating and valuing all estate assets
- Resolve disputes between heirs or creditors
- Ensure compliance with Pennsylvania intestate succession laws
- Expedite the probate process when possible
We bring years of experience to each case and are deeply familiar with the legal nuances in Blair County and surrounding areas.
FAQs About Probate Without a Will in Pennsylvania
How is the Estate Administrator Chosen?
If no one is named in a will, the court appoints an administrator—usually the closest surviving relative. That person can decline, in which case the court may appoint another eligible person.
Do All Assets Go Through Probate?
No. Assets with named beneficiaries (like life insurance or retirement accounts), joint accounts with survivorship rights, and property held in trust typically bypass probate.
Can Probate Be Avoided in the Future?
Yes. Tools like revocable living trusts, joint ownership, and proper estate planning can help avoid or minimize probate in the future.
Do I Need a Lawyer For Probate if There’s No Will?
While it’s not legally required, working with a probate attorney ensures the process goes smoothly and protects you from personal liability as the estate administrator.
Let Gieg & Jancula Help You Through the Probate Process
If you’re facing the probate process after a loved one has died without a will, you’re not alone. Our team at Gieg & Jancula is here to provide trusted legal guidance every step of the way. We understand Pennsylvania’s probate laws and work diligently to resolve estates quickly and fairly.Call us today at 814-946-1606 for a free consultation or fill out our online contact form to get started. We’re here to help Altoona families get the support they need during life’s most difficult moments.