Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Pennsylvania attorney before relying on them.
The short answer
Pennsylvania does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Pennsylvania does not set attorney fees by statute; fees must be 'reasonable' under the circumstances. There is no mandatory schedule, but Orphans' Court judges routinely benchmark reasonableness against the graduated percentage schedule attached to Johnson Estate, 4 Fid. Rep. 2d 6 (O.C. Del. 1983). Attorneys may also charge flat fees or hourly rates.
Executor / personal representative fees
Executor (personal representative) compensation is set by 20 Pa. C.S. §3537, which requires 'such compensation as shall in the circumstances be reasonable and just.' The Johnson Estate schedule is the most commonly cited benchmark: 5% on the first $100,000, 4% on the next $100,000, 3% on the next $800,000, 2% on the next $1,000,000, and tiered lower above that.
What the fee is based on
The Johnson Estate percentages are applied to the gross probate estate, and judges have discretion to allow more or less. Charging full Johnson percentages on top of an attorney fee can be challenged as duplicative if the executor and attorney did overlapping work. Non-probate assets (jointly titled property, beneficiary-designated accounts, trust assets) are generally not in the fee base — but may still be subject to PA inheritance tax.
Court filing fees
Set by each county Register of Wills and tiered by estate value. Typical opening probate fees run roughly $75 to $500+, plus $5–$25 per short certificate and small charges for certified copies and will filings. Larger estates and urban counties (Philadelphia, Allegheny) sit at the higher end.
Appraisal / probate referee
Pennsylvania does not use a state-appointed probate referee or appraiser. The personal representative values assets (typically using date-of-death appraisals for real estate and unique personal property), and those values are reported on the inheritance tax return (REV-1500), which the PA Department of Revenue reviews.
How long probate takes in Pennsylvania
9 to 18 months for a routine, uncontested estate. Simple estates can close in 6 to 9 months; contested estates or those with complex assets often run 2+ years. The 9-month inheritance tax filing deadline and the Department of Revenue's review period effectively set a floor. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. Under 20 Pa. C.S. §3102, the Orphans' Court may direct distribution of a small estate by petition if personal property does not exceed $50,000. Separately, 20 Pa. C.S. §3101 lets banks, employers, and life insurers release limited amounts directly to family without letters — the bank-deposit cap was raised from $10,000 to $20,000 effective January 23, 2026.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Pennsylvania estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Pennsylvania’s small-estate thresholds, it’s worth talking to a licensed Pennsylvania estate attorney while you still have the option to plan.
Related reading
- What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
- How to Avoid Probate in Pennsylvania — the state-specific avoidance playbook.
- How Long Does Probate Take in Pennsylvania? — the companion timeline guide for Pennsylvania.
- Will vs. Trust: Which Do You Need? — for Pennsylvania residents weighing whether a trust is worth it.
- Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Pennsylvania probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Pennsylvania courts or a licensed Pennsylvania attorney. Sources: 20 Pa. C.S. §3101, 20 Pa. C.S. §3102, 20 Pa. C.S. §3384, 20 Pa. C.S. §3537, Johnson Estate, 4 Fid. Rep. 2d 6 (O.C. Del. 1983).