What is Probate?

Contact our Estate Planning Attorneys for All Your Probate Needs. We serve Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

As Estate Planning Attorneys, we often explain to our clients the probate process and help them navigate it.

“Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries,” the American Bar Association (ABA) explains. “The laws of each state vary, so it is a good idea to consult an attorney to determine whether a probate proceeding is necessary, whether the fiduciary must be bonded (a requirement that is often waived in the will), and what reports must be prepared.”

Basically, the probate court determines if the will is valid, officially names the executors, and oversees the distribution process. Some probate courts also handle guardianship and conservatorship matters.

What is the Probate Process?

Every estate is unique, so the probate process can vary, but the following is the typical process when the deceased has a will:

A representative of the estate files the will and a certified copy of the death certificate.
An executor is officially appointed. An executor (aka personal representative) is typically named in a will.
The Register of Wills provides “short certificates” that executors can present to banks and other financial institutions as proof an estate has been formed and to confirm the executor has permission to handle the deceased’s assets.
The executor notifies beneficiaries and creditors about the death of a decedent.
The executor determines the value of any property and probate assets (non-probate assets may include life insurance policies, pension plans, IRAs, 401(k)s).
The executor pays outstanding debts.
The executor distributes the remaining assets based on the will.
The executor files a final accounting that includes all assets, debts paid, and distributions to beneficiaries.
The executor files an inheritance tax return and pays inheritance tax that may be owed.

In Pennsylvania, if the deceased does not have a will, their assets are distributed based on the Intestate Succession Law. Who receives those assets depends on which relatives are still alive. For example, if a decedent has living children but no spouse, the assets go to the children. If the decedent has a surviving spouse and children, the spouse gets $30,000 plus half of the estate, and the children get the remaining half.

Probate is Not Always Required

Probate can take time and money and the process can take months or even years, making beneficiaries wait to receive their inheritance. Sometimes, probate is not necessary.

When Probate is Not Required

Here are a few examples of when probate is not required.

Small Estate
Estates under $50,000 (excluding land and real estate) do not have to go through the formal probate process although a Small Estate Petition may often be required.
Own Property Jointly
You can make your spouse or someone else the joint owner of property with a survivorship right, which means the asset automatically transfers to them upon your death.
Transfer-on-Death
Transfer-on-Death, when permitted, can avoid probate.
Payable-on-Death
“A Payable on Death (POD) beneficiary is an individual, group of individuals, non-profit, company, organization or trust, other than the owner or co-owner, designated by the owner(s) of the account to receive the balance of funds when the last owner on the account passes away,” Bank of America explains. “Checking, Savings, Certificate of Deposit (CD) accounts, Individual Retirement Accounts (IRA), and investment accounts are all eligible deposit accounts.”
Create a Living Trust
A living trust is a legal document that allows you to transfer ownership of your assets into a trust account and assign management of those assets to a trustee (an individual or entity) on behalf of your beneficiaries. One of the most significant advantages of a living trust (over a will) is that it avoids probate, which means assets are available to your beneficiaries immediately based on your specifications.

How Our Experienced Estate Planning Attorneys Can Help

Bingaman Hess’s estate planning attorneys listen to your unique goals and concerns, thoroughly review your situation, provide a customized strategy for you (including ways to avoid probate), and provide peace of mind. We can also assist the executor and beneficiaries of your estate upon your death to minimize stress at an already difficult time.

Don’t wait! Call today at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.