Overview
Luzerne County is located in Pennsylvania with a population of approximately 325,594. The Luzerne County 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 (Form RW-02) 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 allows for a Small Estate Petition for estates valued at $50,000 or less (excluding real estate). This process allows for a simplified settlement without full probate administration.
Pennsylvania executors and attorneys are entitled to "reasonable compensation," often calculated based on a percentage of the estate (commonly known as the Johnson Estate guidelines).
This guide provides an informational overview of the Luzerne 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
Luzerne County Register of Wills
Probate matters in Luzerne County are handled at the Luzerne County Courthouse.
Physical Address: 153 N River St, Wilkes-Barre, PA 18711
Mailing Address: 200 N River St, Wilkes-Barre, PA 18711
Phone: (570) 825-1668 (Register of Wills Division)
Hours: Monday through Friday, 9:00 AM to 4:30 PM
The Register of Wills is located in the main courthouse building. It serves as the filing office for all probate and estate matters, including the granting of letters and collection of inheritance tax.
Parking and Access
Visitor parking is available at the Courthouse Annex lot (1 and 2-hour limits). Free public parking is available at the Water Street Parkade near North Street. On-street metered parking is also available nearby ($1.00/hour).
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Petition: If the estate consists of personal property valued at $50,000 or less (excluding real estate), you may file a petition for a small estate decree.
- Probate of Will Only: Used when no assets need to be transferred, but the will needs to be placed on public record.
- 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 (Form RW-02) with the Luzerne County Register of Wills. Include:
- Original Will (if applicable)
- Death Certificate (original)
- Estate Information Sheet
- Filing fee (varies by estate value, typically starting around $150)
- Valid Photo ID for the personal representative
Luzerne County allows for some e-filing or online pre-entry of data via their portal, but original documents often need to be presented in person.
Step 3: Provide Notice
After filing and receiving Letters, you must:
- Mail notice (Rule 10.5) to all heirs, beneficiaries, and interested parties within 3 months of the grant of letters.
- Publish notice in a newspaper of general circulation in Luzerne County and the Luzerne Legal Register once a week for three successive weeks.
Step 4: Administration (No Hearing)
For standard probate, the Register of Wills typically grants letters immediately upon review of the petition and documents, without a formal court hearing. If the matter is contested, a hearing will be scheduled before the Orphans' Court.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication (claims must generally be made within 1 year).
- Inventory and appraise all estate assets.
- Pay valid creditor claims and administrative expenses.
- File the Pennsylvania Inheritance Tax Return (REV-1500) within 9 months of death.
- Distribute assets to beneficiaries.
- File a final accounting or a Family Settlement Agreement to close the estate.
Local Requirements
Luzerne County-Specific Procedures
- Inheritance Tax: PA imposes an inheritance tax ranging from 0% to 15% depending on the relationship of the heir. The return (REV-1500) is due within 9 months.
- Bond Requirements: Out-of-state administrators usually require a bond. In-state executors are often waived if the will states so.
- Online Pre-Entry: Luzerne County encourages using their online system to pre-enter estate data before visiting the office.
- Publication: Notice must be published in a newspaper of general circulation in Luzerne County (e.g., Citizens' Voice or Times Leader) and the Luzerne Legal Register for three successive weeks.
Always check with the Register of Wills for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Luzerne County)
- Petition for Letters: approximately $150 - $500+ (based on estate value)
- Probate of Will (only): approximately $25 - $50
- Certified copies of Letters: approximately $10 - $25 per certified copy
- Publication costs: approximately $300 - $500 depending on the newspaper
- JCS/Automation fees: approximately $40
Pennsylvania attorneys and executors may also charge fees based on the "Johnson Estate" percentage guidelines.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 2 years+
The timeline is heavily influenced by the 1-year creditor claim period and the 9-month deadline for the PA Inheritance Tax Return.
Local Resources
Luzerne County Court Resources
- Court Website: luzernecounty.org
- Probate Self-Help: PA Courts Public Records
- PA Probate Forms: Unified Judicial System of PA
Legal Aid and Attorney Referrals
- Wilkes-Barre Law & Library Association: (570) 822-6712 — Local bar association.
- North Penn Legal Services: (570) 825-8567 — Legal aid for qualifying low-income residents.
- PA Bar Lawyer Referral: pabar.org
Publication
- Luzerne Legal Register: (570) 822-6712 — Official legal journal.
- Citizens' Voice: (570) 821-2000 — General circulation newspaper.