Legal Question in Wills and Trusts in Pennsylvania

Probably not if your dad truly owned not a single thing (car, bank account or land). However, I don't really the know extent of the assets or debts.

What you should do is, if your father lived in Pennsylvania at the time of his death, is contact the Register of Wills at the Orphans' Court and be prepared to review the information with him or her. If probate is not necessary, you will be advised. Most counties have a very simplified procedure for small estates under $25,000. Thus, if probate would be necessary, you can see if your father's estate would qualify for this procedure.

The family exemption in Pennsylvania is $3,500. If the assets would fall below that amount then you should not need probate at all.

Here are some helpful statutes:

20 Pa.C.S.A. � 3121 - family exemption

The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption.

20 Pa.C.S.A. � 3102

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 20 Pa.C.S.A. � 3102. Settlement of small estates on petition

When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $25,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require.