Probate Attorney in Montgomery County

Family Law Experience Behind Every Estate We Administer

When a loved one dies, settling the estate requires more than paperwork. It requires someone who understands how family circumstances shape every decision along the way. At Testa & Pagnanelli, LLC, we handle probate and estate administration for clients throughout Montgomery County, PA, and our firm-wide concentration on family law means we can address how divorce, remarriage, guardianship, and custody arrangements intersect with estate documents. That’s a dimension many estate-only practices don’t offer.

Maria Testa, E. John Pagnanelli, and Rebecca Kolsky each earned 2026 Pennsylvania Super Lawyers recognition. Our attorneys bring over 75 years of combined family law experience to every matter we handle, including probate and estate planning. We offer complimentary initial consultations for families ready to start the process.

If you need a probate attorney in Montgomery County, our team is ready to help. Call us at (610) 365-4733 or complete our online contact form to schedule your complimentary consultation.

How Probate Works in Montgomery County

Probate is the legal process through which a decedent’s estate is formally administered after death. A valid will is authenticated, a personal representative is appointed, debts and taxes are paid, and remaining assets are distributed to beneficiaries. Estate administration covers the full scope of tasks a personal representative must complete, from locating and inventorying assets through final distribution. In Pennsylvania, probate is administered through the county Register of Wills.

Testate vs. Intestate Administration

The process begins differently depending on whether the decedent left a will. When a valid will exists, the Register of Wills admits it to probate and issues Letters Testamentary to the named executor. When someone dies intestate (without a will), the Register appoints an administrator, typically the closest next of kin, and issues Letters of Administration instead. Both types of proceedings are governed by Pennsylvania statewide rules as well as local Montgomery County Orphans’ Court rules that apply to formal accountings, audits, and contested matters.

Filing Options & Timeline

Montgomery County offers an online e-filing system for probate documents alongside in-person filing. For smaller estates, Pennsylvania law allows a small estate affidavit for estates with $50,000 or less in personal property (excluding real estate), which can potentially bypass full probate. Depending on estate complexity and whether disputes arise, probate proceedings in Pennsylvania generally take anywhere from six months to over a year.

Personal Representative Duties & Pennsylvania Inheritance Tax

Whether you are named as executor in a will or appointed as administrator, you take on fiduciary duties to the estate and its beneficiaries. Those responsibilities are substantial.

Core Obligations of a Personal Representative

A personal representative’s core obligations include:

• Locating and inventorying all estate assets (an inventory must be filed within nine months of the date of death under Pennsylvania law)
• Publishing notice to creditors in the Montgomery County Law Reporter and paying valid claims
• Filing required federal and state tax returns
• Filing the Pennsylvania Inheritance Tax Return (REV-1500) within nine months of the date of death
• Distributing remaining assets to beneficiaries

Pennsylvania Inheritance Tax Rates

Pennsylvania law imposes an inheritance tax on estate transfers. Under current law, the rates are 0% for surviving spouses and qualifying charities, 4.5% for lineal descendants and lineal ancestors (such as children, grandchildren, parents, and grandparents), 12% for siblings, and 15% for all other beneficiaries. These rates are set by Pennsylvania law and are subject to change; this is general information, not tax advice. One detail worth noting: Pennsylvania law provides a 5% discount on inheritance tax when estimated payments are made within three months of the date of death. Missing deadlines or notice requirements can expose a personal representative to personal liability. We can help personal representatives meet compliance obligations and reduce that exposure.

Probate vs. Non-Probate Assets

Not every asset a person owned at death goes through probate. Property held jointly with survivorship rights, accounts with named beneficiaries (such as life insurance, retirement accounts, and payable-on-death accounts), and assets held in trust generally pass directly to beneficiaries outside the probate estate. Assets owned solely in the decedent’s name typically become part of the probate estate.

This distinction matters for two reasons. First, it determines how quickly beneficiaries receive distributions. Second, when beneficiary designations fall out of step with a decedent’s will or broader estate plan, the results can directly contradict what the decedent intended. Clients who have recently divorced or remarried are particularly vulnerable to this problem, since outdated designations can override even a carefully drafted will. Understanding which assets are subject to probate and which are not is a foundational step in every estate administration we handle.

Representing Executors & Beneficiaries in Montgomery County

We represent both personal representatives and beneficiaries throughout the probate process. Executors and administrators often face questions they didn’t anticipate: competing creditor claims, disputes among heirs, or estate documents that don’t account for a later divorce or remarriage. Beneficiaries sometimes need to challenge executor decisions or contest a will. In contested matters, litigation experience matters.

Our family law concentration is a concrete asset here. When a divorce decree, separation agreement, or custody order has bearing on how an estate should be administered, our attorneys recognize those intersections and know how to address them within a single firm rather than sending clients elsewhere. We develop individualized strategies for each family’s circumstances because no two estates and no two families are alike. Our offices in Norristown, Philadelphia, and Radnor serve clients throughout Montgomery County and surrounding areas.

Schedule a Consultation with a Montgomery County Probate Lawyer

Probate and estate administration involve strict deadlines, fiduciary obligations, and decisions that can affect your family for years. You don’t have to navigate it alone. Testa & Pagnanelli, LLC offers complimentary initial consultations so you can get clear answers before committing to any course of action.

Call (610) 365-4733 or complete our online contact form to speak with a probate lawyer serving Montgomery County. We’re here when your family needs us.