Updated August 19, 2026. Quick answer: Pennsylvania publishes no percentage schedule for probate compensation — the personal representative and the attorney are each paid what the court finds reasonable (20 Pa.C.S. §3537), so the bill tracks hours worked rather than the size of the estate. The second number is the small-estate threshold, at or under which an estate skips most of probate: $50,000 of personal property, excluding real estate and funeral costs. Pennsylvania courts often reference the informal ‘Johnson estate’ percentage guideline, but it is case-law custom, not statute. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.
What probate costs in Pennsylvania
| Item | Pennsylvania |
|---|---|
| Fee model | reasonable-fee |
| What the fee is calculated on | No statutory percentage. Compensation of personal representatives and attorneys must be ‘reasonable and just’ (20 Pa.C.S. §3537). Courts often reference the informal ‘Johnson estate’ percentage guideline schedule, but it is case-law custom, not statute. |
| Court filing fee | Register of Wills fees are set per county and typically scale with estate size; commonly ~$100-$500 to open probate. No statewide schedule — varies-by-county, representative range only (unverified). |
| Small-estate threshold | $50,000 — small estate petition/settlement where personal property ≤$50,000, excluding real estate, funeral costs, and certain family payments (20 Pa.C.S. §3102). |
Why Pennsylvania has no single answer
Pennsylvania does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: No statutory percentage. Compensation of personal representatives and attorneys must be ‘reasonable and just’ (20 Pa.C.S. §3537). Courts often reference the informal ‘Johnson estate’ percentage guideline schedule, but it is case-law custom, not statute. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in Pennsylvania?
$50,000 — small estate petition/settlement where personal property ≤$50,000, excluding real estate, funeral costs, and certain family payments (20 Pa.C.S. §3102).
The small-estate route here does NOT clear real estate on its own. If the person who died owned a house in their sole name, that transfer needs a separate procedure or full probate, whatever the dollar limit says. This is the single most common mistake made about small-estate affidavits, and most cost guides omit it entirely.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Pennsylvania.
Skipping probate entirely
The usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: LawDepot builds a state-specific revocable living trust if that fits how you want to leave things to your heirs.
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Does a house have to go through probate in Pennsylvania?
Usually yes, if the house was solely owned. Because Pennsylvania’s small-estate route does not clear a solely owned house, an estate that looks small on paper can still face full administration — and the fee is usually calculated on the gross value of that house, not the equity in it. That is the single most common and most costly surprise in this area, and it is fixable in advance rather than after. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How Pennsylvania compares to the other 50
Pennsylvania’s small-estate threshold of $50,000 ranks 28 of 49 jurisdictions with a stated figure, and sits close to the national median of $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Pennsylvania is one of 30 of 51 jurisdictions using the reasonable-fee approach.
Death taxes in Pennsylvania, separately
Pennsylvania levies an inheritance tax, one of 5 states that do. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
Inheritance tax: yes – rates by relationship, from the first dollar (no exemption thresholds): 0% surviving spouse and parent-to-child under 21; 4.5% lineal heirs (children, grandchildren, parents); 12% siblings; 15% all others; charities/government exempt; family farm and family business exemptions available
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In Pennsylvania the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- 20 Pa.C.S. §3537
- 20 Pa.C.S. §3102
Pennsylvania in the rest of the picture
Probate cost is one of four things Pennsylvania decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax Pennsylvania charges a retiree: Pennsylvania retirement taxes
- What a move out is worth: leaving Pennsylvania
- Corridor comparison: Pennsylvania To Delaware
- Corridor comparison: Pennsylvania To Florida
- Corridor comparison: Pennsylvania To Georgia
- Corridor comparison: Pennsylvania To North Carolina
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “Pennsylvania Probate Cost (2026),” statute-cited; clearmoneyguide.com/pennsylvania-probate-cost/. Free to cite with attribution.
Run your own numbers. Ancillary probate calculator — price probate in every state you own property.
What the whole settlement costs here. There is no statutory percentage here, so the fee is whatever is reasonable — which is why no honest national figure exists. Inheritance tax on an estate passing to a child: $22,500 at $500,000 (4.5% to direct descendants and lineal heirs). The small-estate route stops at $50,000 but it reaches personal property only, so a house keeps the estate in full administration whatever the threshold says. No state charges estate tax at any of these estate sizes. All three lines computed for every state: the cost of dying index.
A related question: when is probate required in Pennsylvania at all, and what the small-estate shortcut covers.