Overview
Somerset County is located in Pennsylvania with a population of approximately 74,000. The Register of Wills & Clerk of 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 allows for a simplified process for small estates valued at $50,000 or less (excluding real estate) via a Small Estate Affidavit (20 Pa.C.S. § 3101).
Pennsylvania has an inheritance tax ranging from 0% to 15% depending on the relationship to the decedent. Executor and attorney fees must be reasonable and are often based on a percentage of the estate (Johnson Estate guidelines).
This guide provides an informational overview of the Somerset 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 & Clerk of Orphans' Court
Probate matters in Somerset County are handled at the Somerset County Courthouse.
Address: 111 East Union Street, Suite 145, Somerset, PA 15501
Phone: (814) 445-1548 (Register of Wills)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Register of Wills is located in Suite 145. The office handles probate, marriage licenses, and inheritance tax.
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $50,000 or less (excluding real estate), you may file a Small Estate Affidavit to settle assets without full probate.
- Probate of Will Only: If there are no assets to administer but a will exists, it can be filed for record purposes only.
- 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 Register of Wills & Clerk of Orphans' Court. Include:
- Original Death Certificate
- Original Will and any Codicils (if applicable)
- Estate Information Sheet
- Filing fee (approx. $137–$250 depending on estate value)
- Valid ID for the personal representative
E-filing is not widely used for initial probate petitions in Somerset County; in-person filing is standard.
Step 3: Provide Notice
After filing and receiving Letters, you must:
- Mail notice of Estate Administration to all heirs, beneficiaries, and interested parties within 3 months of the grant of letters.
- Publish notice in a newspaper of general circulation in Somerset County and the legal journal once a week for three successive weeks.
Step 4: Attend the Hearing
In Pennsylvania, a formal court hearing is rarely required for uncontested probate. Instead, the personal representative typically appears in person at the Register of Wills office to be sworn in and receive Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Advertise the estate grant in the legal journal and a general newspaper to notify creditors
- Inventory and appraise all estate assets within 9 months (for Inheritance Tax Return)
- Pay valid creditor claims
- File federal and state tax returns as needed (PA Inheritance Tax Return REV-1500)
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Somerset County-Specific Procedures
- In-Person Filing: Initial petitions typically require the personal representative to appear in person to be sworn in.
- Bond requirements: Out-of-state administrators usually require a bond.
- Inheritance Tax: PA Inheritance Tax Return (REV-1500) is due within 9 months of death.
- Publication: Notice must be published in a newspaper of general circulation in Somerset County for three consecutive weeks.
Local rules require personal appearance for swearing in. Bond required for out-of-state administrators.
Timeline & Fees
Filing Fees (Somerset County)
- Probate & Grant of Letters (Estates $50k-$100k): approximately $207-$217
- Estates ≤ $1,000: approximately $137.25
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- JCS/Automation fees: included in the base fee
Pennsylvania does not have a statutory fee schedule for attorneys/executors, but fees must be reasonable.
Payment Methods
The court accepts cash, check, or money order. Credit cards may not be accepted for all fees.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim periods (1 year) and inheritance tax processing (approx. 4-6 months after filing) significantly affect the timeline.
Local Resources
Somerset County Court Resources
- Court Website: co.somerset.pa.us
- Probate Self-Help: Somerset County Register of Wills
- PA Probate Forms: PA Courts Orphans' Court Forms
Legal Aid and Attorney Referrals
- Somerset County Bar Association: (814) 445-1548 — Local bar association contact via court.
- PA Bar Association Lawyer Referral: (800) 692-7375 — Statewide referral service.
- MidPenn Legal Services: (814) 443-4615 — Legal aid for qualifying low-income residents.
Publication
- Somerset Legal Journal: (814) 445-4021 — Official legal publication.
- Somerset Daily American: (814) 444-5900 — General circulation newspaper.