Legal Question in Wills and Trusts in Pennsylvania

is there a time limit to settle an estate in pennsylvania?


Asked on 8/09/11, 9:40 am

1 Answer from Attorneys

Most estates are settled in 1-2 years unless there is something unnecessarily complex that requires a longer period. If more time than that has elapsed, perhaps the personal represeentative is not doing the job. If that is the case, then the perrsonal representative can be removed.

If you are referring to waiting before actually probating an estate, I would first question whether probate is even necessary. It may be that the person who died owned no probate assets. Or so much time has elapsed that probate might be meaningless. How much time has passed after the date of death? Perhaps the would be personal representative should have a talk with the Orhpans's Court (if the decedent lived in PA) or probate court in the county/state where the deceased lived at the time of death to ascertain whether probate is justified.

However, 20 Pa.C.S.A. � 3152 provides that

When 21 years have elapsed, Letters testamentary or of administration shall not be granted after the expiration of 21 years from the decedent's death, except on the order of the court, upon cause shown.

So after 21 years, an estate is not going to be allowed for probate except upon order of the court.

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Answered on 8/09/11, 10:08 am


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