Overview
Lackawanna County is located in Pennsylvania with a population of approximately 216,000. The Register of Wills 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 process, known as a Small Estate Petition or Petition for Settlement of Small Estate, allows for a faster distribution of assets without full probate administration.
Probate fees in Lackawanna County are based on the value of the estate. Additionally, Pennsylvania imposes an inheritance tax ranging from 0% to 15% depending on the relationship of the beneficiary to the decedent.
This guide provides an informational overview of the Lackawanna 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
Probate matters in Lackawanna County are handled at the Lackawanna County Government Center.
Address: 123 Wyoming Avenue, 5th Floor, Scranton, PA 18503
Phone: 570-963-6702 (Register of Wills)
Hours: Monday through Friday, 9:00 AM to 4:00 PM
The Register of Wills office is located in the Government Center, separate from the main historic courthouse. It is responsible for granting letters, collecting inheritance taxes, and maintaining estate records.
Parking and Access
Public parking is available at the Lackawanna County Courthouse Square and nearby garages, such as the one at 305 N. Washington Ave or 417/419 Linden Street. Street parking is also available but is metered and strictly enforced. Security screening is required upon entering the Government Center.
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 small estate process.
- Survivorship: Assets held as "Joint Tenants with Right of Survivorship" or "Tenants by the Entireties" pass directly to the surviving owner.
- Beneficiary Designations: Assets with named beneficiaries (e.g., life insurance, IRAs) generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Grant of Letters with the Register of Wills. Include:
- Original Will and Codicils: (if any)
- Original Death Certificate:
- Petition for Grant of Letters: (Form RW-02)
- Estate Information Sheet:
- Filing Fee: (Based on estate value)
- Photo ID: For the personal representative
The personal representative must appear in person to be sworn in, or arrange for a commission if they live out of state.
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.
- File Certification of Notice with the Register of Wills verifying that notice was sent.
- Publish notice in the Lackawanna Jurist and one newspaper of general circulation (e.g., Scranton Times-Tribune) once a week for three successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Advertise the Estate: As mentioned above, to notify creditors.
- Inventory and Appraise: File an Inventory with the Register of Wills.
- Pay Debts and Taxes: Pay valid creditor claims and file the PA Inheritance Tax Return (REV-1500) within 9 months of death to avoid penalties (a 5% discount applies if paid within 3 months).
- Distribute Assets: After debts and taxes are paid.
Step 5: Close the Estate
The estate can be closed by:
- Family Settlement Agreement: If all parties agree, this informal method avoids court costs.
- Formal Account: Filing a formal accounting with the Orphans' Court for audit and adjudication (typically for contested or complex estates).
Local Requirements
Lackawanna County-Specific Procedures
- Location: Filings are made at the Government Center on Wyoming Avenue, not the old Courthouse.
- Legal Publication: Notice must be published in the Lackawanna Jurist (the official legal publication) and a newspaper of general circulation like the Scranton Times-Tribune.
- Inheritance Tax: The Register of Wills acts as the agent for the PA Department of Revenue. Returns (REV-1500) are filed in duplicate with the Register's office.
- Local Forms: While many forms are standard statewide (JCS forms), Lackawanna County may have specific cover sheets or local procedural forms available at the office.
Timeline & Fees
Filing Fees (Lackawanna County)
Fees are based on the value of the probate estate. Note: Fees are subject to change.
- Probate of Will / Grant of Letters: Approximately $150 - $500+ depending on estate value.
- JCS / Automation Fees: Approximately $40.25 (Judicial Computer System fee).
- Short Certificates: Approximately $10 - $20 per copy.
- Inheritance Tax Return Filing: Approximately $20.00.
- Publication Costs: Approximately $150 - $300 depending on the newspaper.
Payment Methods
The Register of Wills accepts cash or check only. No credit or debit cards.
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.
Note: The creditor claim period in PA is one year from advertisement, which often dictates the timeline for final distribution.
Local Resources
Lackawanna County Court Resources
- Register of Wills Website: lackawannacounty.org
- PA Courts Resources: pacourts.us
- PA Probate Forms: pacourts.us/forms
Legal Aid and Attorney Referrals
- Lackawanna Bar Association: 570-969-9161 — lackawannabar.org
- North Penn Legal Services: 877-953-4250 — northpennlegal.org
Publication
- Lackawanna Jurist: 570-969-9161 — lackawannabar.org/jurist-advertising
- Scranton Times-Tribune: 570-348-9100 — thetimes-tribune.com