Filing Fees

Lackawanna County, Pennsylvania

Fee Type	Amount
Petition for Probate	—

Required Forms

Affidavit of Death Affidavit of Domicile Application and Instructions for Employer Identification EIN Number Form SS-4 Application for Birth Records Application for Death Records Application for Genealogy Search: Wills/Estates Caveat Caveat / Bond of Caveat Citation Estate Inventory Family Exemptions Fee Schedule Notice of Intention to Appeal from Register Out-of-State Commission Checklist PA O.C. Certification of Notice under Rule 10.5 PA O.C. Rule 10.5 Notice of Estate Administration PA O.C. Rule 10.6 Status Report PA 20 CS Payments to Family/Funeral Directors/Settlement of Small Estates Not Exceeding $50,000

Probate Forms Library

90 fillable forms — scroll to browse

2025 Orphans' Court CalendarcountyDownload

2026 Orphans Court CalendarcountyDownload

Accounting/Audit Check ListcountyDownload

Affidavit of DeathcountyDownload

Affidavit of DomicilecountyDownload

SS-4 — Application and Instructions for Employer Identification EIN Number Form SS-4countyDownload

Application for Elderly Extension or Tax DeferralcountyDownload

JUNE-17 — Application For Genealogy Searches: Wills/EstatescountyDownload

CaveatcountyDownload

Caveat / Bond of CaveatcountyDownload

RUE-10 — Certification Of Notice Under Rule 10.5countyDownload

Estate Information SheetcountyDownload

RW-09 — Estate InventorycountyDownload

SSA-11 — Guardian ChecklistcountyDownload

JUNE-2018 — Guardian Cover SheetcountyDownload

Guardians Inventory for an Incapacitated Person – 007071countyDownload

25.22 — Guardianship ChecklistcountyDownload

Lackawanna County Local Orphans' Court RulescountyDownload

Lackawanna County Orphans' Court RulescountyDownload

Mental Health Court ApplicationcountyDownload

Natural Parents Waiver of Confidentiality of Adoption RecordscountyDownload

OC07 — Notice of ClaimcountyDownload

Notice of Intention to Appeal from RegistercountyDownload

RW-05 — Oath of Witness to Will Executed by MARKcountyDownload

RULE-10 — PA O.C. Rule 10.5 Notice of Estate AdministrationcountyDownload

Payments To Family, Funeral Directors, Settlement Of Small EstatescountyDownload

Pennsylvania Orphans' Court RulescountyDownload

2.4 — Petition for Adjudication Decedents EstatecountyDownload

2.4 — Petition for Adjudication Guardian of Estate of Incapacitated PersoncountyDownload

2.4 — Petition for Adjudication Guardian of Estate of MinorcountyDownload

2.4 — Petition for Adjudication Principals Estate (Under Power of Attorney)countyDownload

2.4 — Petition for Adjudication TrustcountyDownload

4904 — Petition for Guardianship Review HearingcountyDownload

Petition for Involuntary TerminationcountyDownload

Petition for Probate, Grant of LetterscountyDownload

10.5 — Pro-Se AffidavitcountyDownload

Probate PacketcountyDownload

Report of Guardian of the Estate – 007068countyDownload

Report of Guardian of the Person – 007069countyDownload

Unavailable Witness AffidavitcountyDownload

Waiver of Fiduciary BondcountyDownload

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload

1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload

1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload

Application For Burial BenefitsfederalDownload

SSA-4 — Application for Child's Insurance BenefitsfederalDownload

SF 2800 — Application for Death Benefits (CSRS)federalDownload

SF 3104 — Application for Death Benefits (FERS)federalDownload

Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload

SS-4 — Application for Employer Identification NumberfederalDownload

706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload

SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload

1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload

1041 — Capital Gains and Losses (Estates and Trusts)federalDownload

706-CE — Certification of Payment of Foreign Death TaxfederalDownload

FE6 — Claim for Death Benefits (FEGLI)federalDownload

VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload

SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload

FE7 — Designation Of Beneficiary (FEGLI)federalDownload

SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload

FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload

8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload

1041 — Estimated Income Tax for Estates and TrustsfederalDownload

706 — Generation-Skipping Transfer Tax (Form 706)federalDownload

706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload

706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload

8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload

56 — Notice Concerning Fiduciary RelationshipfederalDownload

706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload

1041-V — Payment Voucher (Estate or Trust)federalDownload

I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload

2848 — Power of Attorney and Declaration of RepresentativefederalDownload

FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload

706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload

4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload

FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload

SSA-721 — Statement of Death by Funeral DirectorfederalDownload

1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload

706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload

706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload

1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload

1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload

706-A — United States Additional Estate Tax ReturnfederalDownload

706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload

709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

[PETITION FOR PROBATE AND GRANT OF LETTERSJudicial System of PennsylvaniastateDownload

2.4 — DECEDENT'S ESTATEJudicial System of PennsylvaniastateDownload

Grants System AdministratorstateDownload

Guardianship Bench BookstateDownload

Probate Guide

Probate in Lackawanna County, Pennsylvania

The Lackawanna County Orphans' Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Lackawanna County, PA, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Pennsylvania, the orphans' court in each county oversees this process.

When Is Probate Required in Pennsylvania?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above Pennsylvania's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Lackawanna County

Locate the will (if one exists) and gather the death certificate
File a petition with the Lackawanna County Orphans' Court to open probate
Notify heirs and creditors as required by Pennsylvania law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Pennsylvania, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Pennsylvania does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Lackawanna County Orphans' Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Lackawanna County Orphans' Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Register of Wills manages filings dating back to 1878, making it an excellent resource for genealogical research. Probates are by Appointment Only! Payment is accepted in the form of cash, check, credit, or debit cards.

Office Hours

Monday-Friday9:00 AM – 4:00 PM

FAQ

Where do I file for probate in Lackawanna County, PA?

Probate petitions for estates in Lackawanna County are filed at the Lackawanna County Orphans' Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Lackawanna County?

Probate filing fees in Lackawanna County, Pennsylvania vary based on the estate value and type of petition. Contact the orphans' court clerk for the current fee schedule.

How long does probate take in Pennsylvania?

Probate in Pennsylvania typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Lackawanna County?

While not always legally required in Pennsylvania, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Pennsylvania, their assets are distributed according to state intestacy laws. The Lackawanna County Orphans' Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, Pennsylvania

Jerry Chariton

Chariton & Malak

Wilkes Barre · 16 mi

Eric Strauss

Worth, Magee and Fisher, P.C.

Allentown · 55 mi

Trust and Estate AdministrationGeneral Trust & Estate+1

Dionysios Pappas

Vasiliadis Pappas Associates LLC

Bethlehem · 55 mi

Asset ProtectionElder Law+5

Kirby Upright

King, Spry, Herman, Freund & Faul, LLC

Bethlehem · 56 mi

Julieanne Steinbacher

Steinbacher, Goodall and Yurchak

Williamsport · 70 mi

Elder LawGeneral Trust & Estate+1

See more attorneys near Lackawanna County →

Related Resources

Pennsylvania Probate Guide →All Pennsylvania Courts →Financial Institutions →