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  Probate is a court-supervised process for transferring property from the estate of someone who has died to the heirs of that person. Probate applies to all estates, whether or not there is a will. It takes place in the designated court in the county where the property is located. The probate court in Pennsylvania is called the Orphans' Court, since it also deals with adoption and the guardianship of children. In many states, including Pennsylvania, simplified probate procedures are available for small estates.
  
  

Estate Size

• According to the rules of the Pennsylvania Orphans' Court the executor of a will or the personal representative of the deceased is responsible for determining the size of the estate. To do that the executor or personal representative locates and determines the value of all the assets of the deceased that are included in the probate estate. The value of the estate assets is based on fair market value. The Pennsylvania Orphans' court does not have jurisdiction over any assets that will be passed to someone outside of probate, such as through trusts, survivorship interests, pay on death accounts, IRA and other accounts with named beneficiaries, or insurance benefits paid directly to a beneficiary.
  
  

Summary Administration

• Summary administration, or a simplified probate procedure, is available if the value of the probate estate is $25,000 or less. This is a one-step procedure, but since regular administration in Pennsylvania is so simple, some experts claim that summary administration actually takes longer and is more difficult.
  
  

Formal Administration

• Formal administration is required in Pennsylvania for any probate estate valued at more than $25,000. This procedure is simple. Pennsylvania does not require a court hearing and many formal administration proceedings can be resolved in less than half an hour in the Orphans' Court offices.
  
  

Resources

• Check with the clerk of the Orphans' Court in your county for more information. Legal forms for the Pennsylvania Orphans' Court are available online.