Key facts (checked Oct 11, 2026)
- Delaware County Register of Wills: Government Center, 201 W. Front St., Media, PA 19063; probate line 610-891-4419 (delcopa.gov).
- Chester County Register of Wills: 201 W. Market St., Suite 2200, West Chester, PA 19380; 610-344-6335; appointment required (chesco.org).
- Grant of letters is advertised once a week for three successive weeks (20 Pa.C.S. §3162).
- PA inheritance tax: 0% spouse, 4.5% lineal heirs, 12% siblings, 15% others; due 9 months after death, 5% discount if paid within 3 months (PA Revenue).
- A sale by the estate does not get the realty transfer tax estate exemption (PA RTT Bulletin 2024-01).
Who handles probate in Delaware County and Chester County, PA?
Each Pennsylvania county has a Register of Wills that probates wills, grants letters and collects inheritance tax, plus an Orphans' Court Division of the Court of Common Pleas for disputes and court approvals. For a Delaware County resident that is Media; for a Chester County resident it is West Chester.
| Office | Delaware County | Chester County |
|---|---|---|
| Address | Government Center, 201 W. Front St., Media, PA 19063 | 201 W. Market St., Suite 2200, West Chester, PA 19380 |
| Phone | Main 610-891-4400; probate 610-891-4419; inheritance tax 610-891-4110; Orphans' Court 610-891-5408 | 610-344-6335 |
| Appointments | 30-minute in-person and virtual probate appointments; don't send materials in advance for in-person visits | Appointment required to probate an estate |
| Hours | Weekdays from 8:30 a.m. (the county site lists both 4:00 and 4:30 p.m. closing; call first) | Estate probates 8:30 a.m. to 4:00 p.m. weekdays |
Chester County says the decedent must have been a legal resident of Chester County at death to probate there. Sources: Delaware County Register of Wills, Chester County Register of Wills, Chester County FAQs (checked Oct 11, 2026).
What are letters testamentary and letters of administration?
Letters are the Register of Wills' certificate that a person may act for the estate. Letters testamentary go to an executor named in a will; letters of administration go to an administrator when there is no will or no executor can serve. Banks, title companies and buyers ask for them before anyone signs for the estate.
Delaware County notes that you must first probate the estate before you can get letters or short certificates (copies of the letters). After letters issue, the personal representative must:
- Advertise the grant of letters once a week for three successive weeks (20 Pa.C.S. §3162).
- Send notice to beneficiaries within three months after the grant of letters (Pa. O.C. Rule 10.5).
- File an inventory no later than the account or the inheritance tax return due date, including extensions (20 Pa.C.S. §3301).
Pennsylvania's small-estate petition covers personal property only, up to $50,000, and excludes real estate (20 Pa.C.S. §3102), so a house generally needs a full grant of letters.
Can an executor sell a house in Pennsylvania without a court order?
Usually, yes. Title passes to the heirs or devisees at death, but subject to the personal representative's powers, and the representative may sell real estate that is not specifically devised unless the will says otherwise. A court order is needed when the will withholds the power or a judicial-sale effect is wanted.
- Title at death: 20 Pa.C.S. §301(b).
- Power to sell: 20 Pa.C.S. §3351. A house left to a specific person ("my house to my daughter") can be sold only with that person joining in the deed.
- Court-ordered sale through the Orphans' Court: 20 Pa.C.S. §3353.
- Possession: the representative takes possession of the estate's real estate, except real estate occupied at death by an heir or devisee (§3311). If a relative lives in the house, plan for that conversation early.
The title company will want the short certificate, the will (if any), and proof the advertising was done. Ask your estate attorney whether your situation needs Orphans' Court approval before you sign a sale agreement.
How does the one-year creditor period affect a sale?
Pennsylvania protects a personal representative who distributes after one year from the first complete advertisement of letters. A creditor who wants to reach the decedent's real estate generally must file written notice of the claim within one year of death. Title companies factor both dates into how they insure an estate sale.
See 20 Pa.C.S. §3532. In practice, a sale can close inside the first year; the representative pays known debts and liens from the proceeds and holds back money for anything outstanding. That decision belongs to the representative and their attorney, not the buyer.
How much is Pennsylvania inheritance tax on a house?
Pennsylvania taxes what heirs inherit, including a house: 0% to a surviving spouse (and to a parent from a child 21 or younger), 4.5% to children and other lineal heirs, 12% to siblings and 15% to other heirs. It is due nine months after death, with a 5% discount if paid within three months.
Source: PA Department of Revenue, Inheritance Tax (checked Oct 11, 2026). Residents' payments go to the Register of Wills in the county where the decedent lived. Because the tax is figured on the value at death, a sale close to the date of death can be useful evidence of value; ask the estate's accountant.
What does probate cost in Delaware County and Chester County?
Both counties charge filing fees that scale with the estate's value. In Delaware County, a $200,000 to $300,000 estate pays a $275 probate fee plus fixed add-on fees; in Chester County, letters on a $50,001 to $100,000 estate cost $225. Check each county's current schedule before you file.
| Estate value (examples) | Delaware County probate fee | Chester County letters fee |
|---|---|---|
| $25,000 to $50,000 | $165 | $175 ($10,001 to $50,000) |
| $50,000 to $100,000 | $198 | $225 |
| $200,000 to $300,000 | $275 | Scale adds $50 per $100,000 |
| $300,000 to $400,000 | $330 | See schedule |
Delaware County's schedule (effective Nov 3, 2023) adds fixed charges on new probates, such as $20 for the inheritance tax return and $20 for the inventory filing. Chester County's fees are effective Jan 1, 2026. Sources: Delaware County fee schedule, Chester County fee schedule.
Who pays Pennsylvania realty transfer tax on an estate sale?
A transfer from the estate to an heir can be exempt, but a sale by the estate is not. Pennsylvania's 1% state realty transfer tax applies, plus the local share. In Delaware County most municipalities add 1%, with higher local rates in places such as Upper Darby and Chester City (1.5%).
Sources: PA RTT Bulletin 2024-01 (72 P.S. §8102-C.3(7)), Delaware County Recorder of Deeds, transfer taxes. Chester County local rates vary by municipality, and the county's own pages list different figures for some towns, so confirm the rate with your title company. Who pays which share is set by the sale contract. When Silverside buys the house, we pay all closing costs, including the estate's share of the transfer tax.
Where does a direct buyer fit in a Pennsylvania estate sale?
Once letters are granted, the personal representative can sign a sale agreement, and a direct buyer can take the house as-is, contents and all, on a date that fits the estate. That suits out-of-town executors and houses that need work. If listing would net the estate more, we will say so.
We buy in Chester, Upper Darby and Drexel Hill and elsewhere in Delaware and Chester Counties. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney. Call (302) 525-0787.
General information, not legal or tax advice. Delaware sales close at a licensed Delaware settlement attorney; Maryland and Pennsylvania sales close at a licensed title company or settlement attorney.
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Get My Written Offer Call (302) 525-0787Frequently asked questions
Does a house have to go through probate in Pennsylvania?
Usually, if it was titled in the decedent's name alone. Pennsylvania's small-estate petition excludes real estate, so a house generally needs letters from the Register of Wills. Jointly owned property with survivorship rights passes outside probate.
Can an executor sell a house before probate is finished in PA?
Yes, once letters are granted. The personal representative may sell real estate not specifically devised unless the will says otherwise (20 Pa.C.S. §3351). A court order is needed only in limited situations (§3353).
Where do I probate a will in Delaware County, PA?
At the Register of Wills in the Government Center, 201 W. Front St., Media. Probate appointments are 30 minutes, in person or virtual; the probate line is 610-891-4419.
Where do I probate a will in Chester County, PA?
At the Register of Wills, 201 W. Market St., Suite 2200, West Chester. An appointment is required, and the decedent must have been a Chester County resident.
When is Pennsylvania inheritance tax due?
Nine months after the date of death. Paying within three months earns a 5% discount on the amount paid.
Sources
- Delaware County, PA Register of Wills
- Delaware County Register of Wills fee schedule (eff. Nov 3, 2023)
- Delaware County Recorder of Deeds: transfer taxes
- Chester County Register of Wills / Orphans' Court
- Chester County Register of Wills FAQs
- Chester County Register of Wills fee schedule
- 20 Pa.C.S. §301 (title passes at death)
- 20 Pa.C.S. §3102 (small estates)
- 20 Pa.C.S. §3162 (advertisement of letters)
- 20 Pa.C.S. §3301 (inventory)
- 20 Pa.C.S. §3311 (possession of real estate)
- 20 Pa.C.S. §3351 (power to sell)
- 20 Pa.C.S. §3353 (court-ordered sale)
- 20 Pa.C.S. §3532 (creditor claims)
- Pa. O.C. Rule 10.5 (notice to beneficiaries)
- PA Department of Revenue: Inheritance Tax
- PA Realty Transfer Tax Bulletin 2024-01
General information, not legal, tax, or financial advice. Facts checked Oct 11, 2026 against the official sources above. Laws, fees, and schedules change; confirm with the office named or your attorney.
