How Does Probate Work in Philadelphia County, Pennsylvania?
Losing someone you love is hard enough without the confusion of legal paperwork. Not every estate in Philadelphia requires full probate. Estates valued under $50,000 may qualify for a faster path. The Orphans' Court accepts filings in person and online.
Do I Need Probate?
Not every estate in Philadelphia goes through probate. Whether the Orphans' Court is involved depends on how assets were owned and what planning was done beforehand.
Several categories of assets never go through the Orphans' Court: trust property, accounts with named beneficiaries, and anything held in joint tenancy with survivorship rights. Probate applies to what remains—assets owned solely by the deceased, including any that a pour-over will directs into an underfunded trust.
Estates valued under $50,000§ 3102Verified Apr 23, 2026 may qualify for a simplified in Pennsylvania. Above that threshold, full probate through the Orphans' Court is typically required.
See what portion of this estate may require probate:
To open probate, the Orphans' Court needs the original will (if there is one), a certified death certificate, and documentation of assets—deeds, account statements, vehicle titles. The way each asset was titled is what determines whether it's part of the probate estate.
Filing at the Orphans' Court
E-filing is available but optional in Philadelphia County. Many families filing without an attorney prefer paper filing at the clerk's office.
The court operates across 2 locations in Philadelphia County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.
Who Inherits Without a Will?
If there's no will, Pennsylvania intestacy statutes control who receives the estate. The rules follow a specific hierarchy of family relationships, and the split between a surviving spouse and children can surprise families who haven't seen it before.
Enter the family details to see who inherits under Pennsylvania law:
Surviving spouses in Pennsylvania can elect to take 33%20 Pa.C.S. § 2203Verified Apr 23, 2026 of the estate regardless of the will. This election must be filed at the Orphans' Court within 180 days20 Pa.C.S. § 2203Verified Apr 23, 2026 of receiving probate notice.
The Orphans' Court can approve a family allowance of up to $3,50020 Pa.C.S. § 3121Verified Apr 23, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Pennsylvania has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Pennsylvania recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- § 3102
- 20 Pa.C.S. § 2203
- 20 Pa.C.S. § 3121
Data sourced from Pennsylvania statutes and official state code. How we research.
Frequently Asked Questions
The Orphans' Court for Philadelphia County is located in Philadelphia, Pennsylvania. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Pennsylvania typically closes in 6–9 months. Average estates run 9–14 months. Complex estates with disputes or tax issues can take 14–24 months. Timing in Philadelphia County tracks the state range unless the docket is unusually backed up.
No. Pennsylvania allows estates under $50,000 to use a small estate affidavit and skip formal probate. There is no statutory waiting period. Use the Pennsylvania probate decision tool to see if the estate qualifies.
When there is no will, Pennsylvania's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Philadelphia County probate court applies the state rules without variation. See who inherits in Pennsylvania for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Philadelphia County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Orphans' Court
Philadelphia County
City Hall, Room 180
Philadelphia, PA 19107
Phone:
215-686-6250Fax:
215-686-6268
Email:
rowonline@phila.govHours:
Monday - Friday, 8:00 AM - 4:00 PM
Paper Filing Available
E-Filing Optional
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