Overview
Franklin County is located in Pennsylvania with a population of approximately 159,285. The Register of Wills & Recorder of Deeds (serving as Clerk of the Orphans' Court) 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 of the Pennsylvania Consolidated Statutes (PEF 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.
Simplified Procedures:
- Direct Payment (Section 3101): Financial institutions and employers may release up to $20,000 in wages, deposits, or insurance proceeds directly to eligible family members (spouse, children, parents) without formal probate.
- Small Estate Petition (Section 3102): For estates valued at $50,000 or less (excluding real estate), a petition can be filed to settle the estate without full administration.
Fee Structure:
Probate fees in Franklin County are based on the value of the estate. There is also a combined JCP/Automation surcharge (Automation Fee: $5.00 + JCP Fee: $41.25 = $46.25 total) applied to filings.
This guide provides an informational overview of the Franklin 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
Franklin County Register & Recorder
Probate matters in Franklin County are handled at the Administration Building.
Address: 272 North Second Street, Chambersburg, PA 17201
Phone: (717) 261-3872 (Register & Recorder)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office is located in the County Administration Building. This office is responsible for granting letters testamentary and letters of administration.
Parking and Access
Public parking is available in the vicinity of the Administration Building and throughout downtown Chambersburg. Visitors should check for metered street parking or public lots. Security screening is required upon entering county buildings.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Petition: If the personal estate is valued at $50,000 or less (excluding real estate), you may qualify for a simplified settlement petition.
- Direct Release of Assets: Up to $20,000 in bank accounts or wages may be released directly to family members under Section 3101 without opening an estate.
- 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 Franklin County Register of Wills. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Petition for Grant of Letters (statewide or local form)
- Filing fee (based on estate value)
- Renunciations from other heirs (if applicable)
- Valid ID for the personal representative
The office may require an appointment for probate. Call (717) 261-3872 to schedule.
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 Franklin County Legal Journal and one newspaper of general circulation (e.g., Public Opinion) once a week for three successive weeks.
- Certify notice by filing a certification with the Register of Wills.
Step 4: Administration
The personal representative receives Letters Testamentary (if there is a will) or Letters of Administration (if no will). These documents prove your authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Advertise the estate to notify creditors (statutory claim period is generally 1 year from advertisement).
- Inventory and appraise all estate assets.
- File the PA Inheritance Tax Return (REV-1500) within 9 months of the date of death.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Status Report or Final Account to close the estate.
Local Requirements
Franklin County-Specific Procedures
- Appointments: The Register of Wills often recommends or requires appointments for probate proceedings. Call ahead to confirm.
- Probate Tax: Pennsylvania imposes an inheritance tax ranging from 0% to 15% depending on the relationship of the heir to the decedent.
- Bond: Out-of-state administrators usually require a bond.
- Publication: Notice must be published in the Franklin County Legal Journal and a newspaper of general circulation (typically Public Opinion) for three successive weeks.
Always check with the Register of Wills for the most current local rules regarding e-filing and specific document requirements.
Timeline & Fees
Filing Fees (Franklin County)
Fees are based on the value of the probate estate. Note: Additional surcharges (Automation Fee: $5.00 + JCP Fee: $41.25 = $46.25 total) apply.
- Estates $1,001 - $5,000: $35.00
- Estates $10,001 - $20,000: $45.00
- Estates $20,001 - $30,000: $50.00
- Estates $50,001 - $75,000: $75.00
- Estates $75,001 - $100,000: $80.00
- Each additional $100,000: $35.00
- Short Certificates: $5.00 each
- Renunciations: $5.00
- Probate Advertising: Typically $150-$300 depending on the newspapers used.
Payment Methods
The office typically accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 9-12 months (due to inheritance tax processing and creditor periods).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to several years.
The Pennsylvania inheritance tax return is due 9 months after death. Creditors have 1 year from advertisement to file claims, which often dictates the timeline for final distribution.
Local Resources
Franklin County Court Resources
- Register & Recorder Website: franklincountypa.gov
- PA Probate Forms: pacourts.us/forms
Legal Aid and Attorney Referrals
- Franklin County Bar Association: (717) 267-2032 — franklinbar.org
- MidPenn Legal Services: (717) 264-5354 — Provides legal aid to eligible low-income residents.
- PA Bar Association Lawyer Referral: pabar.org
Publication
- Franklin County Legal Journal: (717) 267-0264 — Official legal publication.
- Public Opinion: (717) 264-6161 — Newspaper of general circulation.