Overview
Fulton County is located in Pennsylvania with a population of approximately 14,452. The Register of Wills & 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.
Pennsylvania offers a simplified procedure for small estates valued at $50,000 or less (excluding real estate). This "Small Estate Petition" allows for a streamlined settlement without full probate administration.
Pennsylvania does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the services provided and the size of the estate.
This guide provides an informational overview of the Fulton 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
Register of Wills & Orphans' Court
Probate matters in Fulton County are handled at the Fulton County Courthouse.
Address: 201 North Second Street, McConnellsburg, PA 17233
Phone: 717-485-4212 (Register of Wills)
Hours: Call to confirm current office hours
The Register of Wills office is located within the county courthouse. This office is responsible for granting letters testamentary and letters of administration, as well as collecting inheritance taxes.
Parking and Access
Street parking is generally available around the courthouse square in McConnellsburg. Visitors should be prepared for security screening upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Petition: If the estate (excluding real estate) is valued at $50,000 or less, you may qualify for a simplified settlement under 20 Pa.C.S. § 3102.
- Direct payments: Certain assets like bank accounts under $10,000 may sometimes be released directly to family members (funeral directors, etc.) without 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 Fulton County Register of Wills. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Estate Information Sheet
- Filing fee (check or money order)
- Photo ID of the petitioner
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 a newspaper of general circulation in Fulton County (e.g., Fulton County News) once a week for three successive weeks.
- File a certification with the court confirming notices were sent and published.
Step 4: Administration
The personal representative receives Letters Testamentary (if there is a will) or Letters of Administration (if no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Advertise the estate grant (publication)
- Notify the PA Department of Human Services (if applicable)
- Inventory and appraise all estate assets
- File the PA Inheritance Tax Return (REV-1500) within 9 months of death
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Status Report or formal account to close the estate
Local Requirements
Fulton County-Specific Procedures
- Probate Appointments: It is recommended to call 717-485-4212 to schedule an appointment for probate to ensure staff availability.
- Bond: Out-of-state personal representatives are generally required to post a bond unless excused by the will.
- Publication: Notice must be published in a newspaper of general circulation in Fulton County, such as the Fulton County News, for three successive weeks.
- Inheritance Tax: The Register of Wills acts as the agent for the PA Department of Revenue for inheritance tax collection. Checks for tax payments should be made payable to "Register of Wills, Agent."
Timeline & Fees
Filing Fees (Fulton County)
Fees are based on the value of the probate estate. As of late 2025, estimated fees include:
- Probate Petition (Estate $50k-$75k): approximately $110.00 base fee
- JCP/ATJ Fee: $41.25 (mandatory state fee)
- Automation Fee: $5.00
- Short Certificates: $5.00 each
- Probate Petition (Estate $100k+): $120.00 + $35.00 for each additional $100k
- Publication costs: approximately $150-$300 depending on the newspaper
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may not be accepted or may incur a convenience fee; verify with the office before visiting.
Estimated Timelines
- Simple estates: 9-12 months (due to inheritance tax processing)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years or more
The Pennsylvania Inheritance Tax Return is due 9 months after the date of death, which often dictates the minimum timeline.
Local Resources
Fulton County Court Resources
- Court Website: co.fulton.pa.us
- PA Courts Self-Help: pacourts.us
- State Probate Forms: pacourts.us/forms
Legal Aid and Attorney Referrals
- Pennsylvania Bar Association LRS: 800-692-7375 — pabar.org
- MidPenn Legal Services: 717-485-5313 — midpenn.org
Publication
- Fulton County News: 717-485-3162 — fultoncountynews.com