Overview
Butler County is located in Pennsylvania with a population of approximately 199,341. The Court of Common Pleas, Orphans' Court Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Pennsylvania probate is governed by Title 20 (Probate, Estates and Fiduciaries Code). The process begins with filing a Petition for Grant of Letters to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Pennsylvania offers a Settlement of Small Estates procedure. If the value of the decedent's personal property (excluding real estate) does not exceed $50,000, a simplified petition may be filed to settle the estate without full probate administration.
The Register of Wills collects filing fees based on the value of the estate. Additionally, Pennsylvania law sets statutory executor and attorney fees which are generally calculated as a percentage of the estate value, though these are subject to court approval if challenged.
This guide provides an informational overview of the Butler County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Butler County Government Center
Probate matters in Butler County are handled at the Butler County Government Center.
Address: 124 W Diamond Street, Government Center, Level LL, Butler, PA 16001
Mailing Address: P.O. Box 1208, Butler, PA 16003
Phone: 724-284-1409 (Register of Wills)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills and Clerk of Orphans' Court is located on the Lower Level (Level LL) of the Government Center.
Parking and Access
Public parking is available in several lots surrounding the Government Center, including lots at McKean Street, Cunningham Street, and Jefferson Street. The Tier Parking Garage and Centre City Parking Garage are also located nearby in downtown Butler.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Petition: If the estate's personal property is valued at $50,000 or less, you may qualify for a simplified settlement procedure.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held jointly with rights of survivorship generally bypass probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Grant of Letters with the Butler County Register of Wills. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Estate Information Sheet
- Filing fee (varies by estate value)
- Valid photo ID for the personal representative
The Butler County Register of Wills offers Virtual Probate options; contact the office at 724-284-5354 for specific requirements and technology needs.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Rule 10.5 Notice) to all heirs, beneficiaries, and interested parties within 3 months of the grant of letters.
- Publish notice in the Butler Eagle and the Butler County Legal Journal once a week for three successive weeks.
- File a certification of notice with the Register of Wills.
Step 4: Administration and Inventory
The personal representative must:
- Advertise the Estate: As noted above, to notify creditors.
- File Inventory: An inventory of estate assets must be filed with the Register of Wills within 3 months of the grant of letters.
- Pay Inheritance Tax: Pennsylvania Inheritance Tax Return (REV-1500) is due within 9 months of the date of death to avoid penalties (a 5% discount applies if paid within 3 months).
Step 5: Closing the Estate
After administering the estate and paying all debts and taxes:
- Prepare a First and Final Account (if required) or a Family Settlement Agreement.
- Distribute assets to beneficiaries.
- File a Status Report with the court if the estate is not closed within two years.
Local Requirements
Butler County-Specific Procedures
- Virtual Probate: Butler County allows for virtual probate appointments. You must contact the office at 724-284-5354 to schedule and receive instructions.
- Legal Journal Fee: The Register of Wills collects the advertising fee for the Butler County Legal Journal ($85) at the time of opening the estate.
- Bond: Out-of-state personal representatives are generally required to post a bond unless excused by the will.
- Publication: Notice must be published in the Butler Eagle (newspaper of general circulation) and the Butler County Legal Journal.
Always check with the Register of Wills for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Butler County)
- Probate of Will / Grant of Letters: Varies by estate value (e.g., typically starts around $50.00 + JCS fees for very small estates, increasing with value)
- JCS / Automation Fees: Approximately $41.25 - $60.00 added to base fees
- Butler County Legal Journal Advertising: $85.00 (collected by Register of Wills)
- Short Certificates: Approximately $5.00 - $10.00 each
- Renunciation: Approximately $10.00 - $20.00
Note: Fees are subject to change. Contact the Register of Wills for the current fee schedule.
Payment Methods
The Register of Wills accepts cash, checks, money orders, and credit/debit cards (convenience fees apply for cards).
Estimated Timelines
- Creditor Claim Period: 1 year from advertisement
- Inventory Due: 3 months from grant of letters
- Inheritance Tax Return: 9 months from date of death
- Simple estates: 9-12 months
- Complex estates: 12-24+ months
Local Resources
Butler County Court Resources
- Register of Wills Website: butlercountypa.gov
- Probate Forms: butlercountypa.gov/301/Forms
- PA Courts Self-Help: pacourts.us
Legal Aid and Attorney Referrals
- Butler County Bar Association: 724-841-0130 — butlercountypabar.org
- Neighborhood Legal Services: 724-282-3888 — Provides legal assistance to eligible low-income residents.
- PA Bar Association Lawyer Referral: pabar.org
Publication
- Butler Eagle: 724-282-8000 — butlereagle.com
- Butler County Legal Journal: 724-841-0130 — butlercountypabar.org/legal-journal