Probate

What is a
probate tangled title?

When someone lives in a home they pay for and treat as their own, but they do not have their name on the deed to the property.

Timeline:

PHASE 1

Preparation

1-3 months

PHASE 2

Handling the Estate

6-12 months

PHASE 3

Transferring Title

2-4 months

PHASE 1

Preparation

1-3 Months

  • Create family tree connecting deceased property owners and family members who could have claim to their estate (heirs) under Pennsylvania law

  • Establish communication with all heirs, if applicable, and gather documents

  • Gather Documents:

    • Death certificate(s) of the property owner(s)
    • Deceased property owner’s will, if applicable
    • Addresses of all heirs

  • Purchase a title report* to find out if there are any debts (called judgements or liens) connected to the property of property owner because you can be held liable for these once probate is complete

*Requires payment

PHASE 2

Handling the Estate

6-12 Months

  • Get signed and notarized forms from each heir giving you permission to manage the deceased property owner’s estate

  • File a petition and take an oath at City Hall* to be appointed administrator of the estate, which will allow you to manage the property owner’s assets, settle debts, and transfer property

  • File an inventory with the Register of Wills*

  • File an inheritance tax return*

*Requires payment

PHASE 3

Transferring Title

2-4 Months

  • Draft deed and transfer tax forms

  • Have all heirs sign and notarize deed pages granting ownership to you

  • Record deed with Department of Records and pay transfer taxes, if applicable*

  • Close deceased property owner’s estate by submitting final status report to the Register of Wills*

*Requires payment

Title: The legal concept of owning a property.

Deed: A legal document that transfers or confirms a person’s ownership of property or, in other words, that the person has title to the property.

Assets: All things of value owned by a person

Estate: A deceased person’s debts and assets. If they owned property when they died, it could now be part of their estate.

Probate: Administering the estate of someone who has died. This is the process of handling a deceased person’s debts and assets, regardless of whether they had a will.

Probate-specific terms

  • Testate: When a person dies with a will.
  • Intestate: When a person dies without a will.
  • Letters Testamentary/Letters of Administration: A document issued by the Register of Wills authorizing a person to divide a deceased person’s property and pay their debts.
  • Heir: A person who will inherit property based on a will or state law, if there is no will.
  • Beneficiary: A person named in a will, life insurance policy, or retirement plan to get all or part of another person’s property.