Overview
Philadelphia County is the most populous county in Pennsylvania and is coterminous with the City of Philadelphia. The Philadelphia Register of Wills handles probate of wills, granting of Letters Testamentary and Letters of Administration, and inheritance tax filings for decedents domiciled in the county at the time of death. The Orphans' Court Division of the Court of Common Pleas handles contested matters, accountings, and guardianships.
Pennsylvania probate law provides several pathways depending on the estate. Estates valued at $50,000 or less (excluding real estate) may qualify for a small estate affidavit process under the Probate, Estates and Fiduciaries Code. Larger estates require formal probate through the Register of Wills. Pennsylvania also imposes an inheritance tax — 0% for transfers to a surviving spouse, 4.5% for lineal descendants, 12% for siblings, and 15% for other beneficiaries.
Philadelphia's Register of Wills office is located in City Hall and processes a high volume of estate filings each year. The office has implemented online services including e-filing for certain documents.
This guide provides an informational overview of the Philadelphia County probate process. It is not legal advice and does not constitute attorney-client relationship. Laws and local procedures may change, so verify current requirements with the Register of Wills or a qualified attorney.
Courthouse Information
Philadelphia Register of Wills
The Philadelphia Register of Wills is located in City Hall in Center City Philadelphia. The office handles probate of wills, issuance of Letters Testamentary and Letters of Administration, and Pennsylvania inheritance tax returns.
Address: City Hall, Room 180, Philadelphia, PA 19107
Phone: (215) 686-6250
Website: phila.gov/departments/register-of-wills
Hours: Monday through Friday, 8:30 AM to 1:00 PM (Room 180)
Email: rowonline@phila.gov
The Register of Wills office recommends checking the website or calling ahead for current hours and appointment requirements. Some services may require scheduling in advance.
Orphans' Court Division
Contested estate matters, formal accountings, and guardianship proceedings are handled by the Orphans' Court Division of the Philadelphia Court of Common Pleas, located at 1801 Vine Street, Philadelphia, PA 19103.
Access and Parking
City Hall is centrally located and accessible via SEPTA (City Hall station on the Broad Street and Market-Frankford Lines). Metered street parking and nearby garages are available. Visitors should plan for security screening at the building entrance.
Filing Process
Step 1: Determine the Estate Type
Before filing, assess which pathway is appropriate:
- Formal Probate: Required for estates exceeding $50,000 in personal property (or any estate with real property that needs to be transferred through probate).
- Small Estate Affidavit: Available for estates with $50,000 or less in personal property (excluding real estate). Allows collection of assets without full probate.
- Letters of Administration: For intestate estates (no valid will). The surviving spouse or next of kin may petition.
Step 2: Gather Required Documents
Prepare the following for filing:
- Original will (if applicable) and any codicils
- Certified death certificate
- Completed Petition for Probate or Petition for Letters of Administration
- Photo identification for the petitioner
- Filing fee payment
- Pennsylvania Inheritance Tax Return (REV-1500) — due within 9 months of death
Step 3: File with the Register of Wills
File in person at City Hall, Room 180, during business hours. The Register of Wills reviews the petition and, if approved, grants Letters Testamentary (testate) or Letters of Administration (intestate). Short certificates (certified copies of the Letters) are issued for use with banks, financial institutions, and title companies.
Step 4: Publish Notice to Creditors
While Pennsylvania does not require publication for probate itself, the personal representative should publish a Notice of Estate (also called Notice of Grant of Letters) once a week for three successive weeks in a newspaper of general circulation and in the county legal journal. This starts the statute of limitations running on creditor claims.
Step 5: Inventory, Administration, and Closing
The personal representative must file an Inventory with the Register of Wills within 9 months of the date of death. Administer the estate by paying valid debts, filing the PA inheritance tax return, distributing assets to beneficiaries, and filing a formal accounting or obtaining receipts and releases from all beneficiaries. A Family Settlement Agreement may be used to close the estate informally when all parties agree.
Local Requirements
Philadelphia County-Specific Procedures
- E-filing is available for certain documents through the Register of Wills online portal at phila.gov.
- Publication of estate notices must appear in the Legal Intelligencer (the designated legal journal for Philadelphia County) and one newspaper of general circulation, once a week for three successive weeks.
- Short certificates (certified copies of Letters) cost approximately $7.00 each and are needed by banks and financial institutions to release assets.
- PA Inheritance Tax Return (REV-1500) must be filed within 9 months of death. A 5% discount applies if paid within 3 months.
- Inventory must be filed with the Register of Wills within 9 months of death.
Pennsylvania Inheritance Tax Rates
Pennsylvania imposes an inheritance tax on assets transferred at death:
- 0% — Surviving spouse
- 4.5% — Lineal descendants (children, grandchildren) and lineal ancestors (parents)
- 12% — Siblings
- 15% — All other transferees (nieces, nephews, friends, etc.)
Pennsylvania has no separate state estate tax. The inheritance tax is administered by the PA Department of Revenue, with returns filed through the Register of Wills.
Bond Requirements
Bond may be required for personal representatives. The will may waive bond. If bond is required, the Register of Wills sets the amount based on the value of personal property in the estate. Surety companies provide bonds for a premium.
Family Settlement Agreements
Pennsylvania allows estates to be closed through a Family Settlement Agreement when all beneficiaries are adults, competent, and agree on distribution. This avoids the need for a formal court accounting and is commonly used in Philadelphia County.
Timeline & Fees
Filing Fees (Philadelphia County)
- Probate of Will / Letters Testamentary: approximately $175-$350 depending on estate value
- Letters of Administration: approximately $175-$350
- Short Certificates: approximately $7.00 each
- Certified Copies: varies by document
- Inventory Filing: included in initial filing fee
Fees are set by the Philadelphia Register of Wills and may be updated. Contact the office at (215) 686-6250 or check the website for the current fee schedule.
Payment Methods
The Register of Wills accepts cash, money orders, and certified checks. Check the office website for current accepted payment methods, including whether credit/debit cards are accepted.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline is driven by the 9-month inventory filing deadline, the inheritance tax return deadline (also 9 months), and the creditor notice period. Philadelphia's high filing volume may add processing time compared to smaller counties.
Local Resources
Philadelphia Register of Wills Resources
- Register of Wills Website: phila.gov/departments/register-of-wills
- Fee Schedule: phila.gov/documents/register-of-wills-fee-schedule
- PA Inheritance Tax Forms: revenue.pa.gov
- PA Unified Judicial System — Register of Wills: pacourts.us
Legal Aid and Attorney Referrals
- Philadelphia Legal Assistance: (215) 981-3800 — provides free legal help for qualifying individuals
- Philadelphia VIP (Volunteers for the Indigent Program): (215) 523-9550 — probate assistance for low-income homeowners
- Philadelphia Bar Association Lawyer Referral Service: (215) 238-6333
Publication
- The Legal Intelligencer: (215) 557-2300 — Philadelphia County's designated legal journal for estate notices
- Philadelphia Tribune: A newspaper of general circulation available for estate notice publication