Scranton Probate Lawyer

Schedule a consultation with an experienced Scranton, PA probate lawyer today.

If you have lost a family member and need to settle their estate in Scranton, PA, the probate process involves court filings, tax obligations, and strict deadlines. A probate attorney can help you understand your responsibilities as executor or administrator and guide you through each step so nothing gets missed.

Hoegen & Associates, P.C. has helped individuals and families with estate and probate matters across Pennsylvania for over 55 years. Our Scranton, PA probate lawyer can review your situation and explain what comes next. Schedule a free consultation with our office.

Probate Lawyer Scranton, PA

Probate is the court-supervised process of validating a will, authorizing someone to manage the deceased person’s estate, and distributing assets to the people entitled to receive them. In Pennsylvania, the process begins at the Register of Wills and is overseen by the Orphans’ Court Division of the Court of Common Pleas.

Some estates move through probate quickly, others do not. Contested wills, missing documents, family disagreements, and asset complications can all turn a routine matter into a lengthy legal proceeding. Many families are unclear on the probate and administration distinction until they are already in the middle of the process, which is why having counsel from the beginning matters.

Types of Probate Cases We Handle in Scranton

No two estates look the same. The size of the estate, the clarity of the decedent’s wishes, family dynamics, and whether anyone objects to how the estate is being handled all shape what the probate process looks like in practice. Our firm has helped families navigate probate across Pennsylvania for decades. Below are the types of cases we see most often.

• Estate administration. After a will is admitted to probate, the named executor takes over. This includes inventorying assets, paying creditors, and filing tax returns. Distributing property to the beneficiaries. If there is no will, the court appoints an administrator to fulfill those same responsibilities. The process requires legal filings, formal accounting, and court oversight at multiple stages.
• Will contests. A will contest is a legal challenge to the validity of a will. The grounds usually involve claims that the decedent lacked mental capacity at the time the will was signed, that someone exerted undue influence, or that the document was not executed in compliance with Pennsylvania law. These cases are time-sensitive because the window to file objections is limited.
• Intestate estates. When someone dies without a will, Pennsylvania’s intestacy laws control who can collect an inheritance, including a surviving spouse, children, parents, siblings. The statutory order of priority may not match what the family expected. And because there is no named executor, the court must appoint an administrator, which adds time and procedural steps to the process.
• Guardianship and conservatorship. A minor who inherits assets or an incapacitated adult who cannot manage their own affairs may need a court-appointed guardian. These proceedings involve detailed legal filings, a hearing, and in many cases, ongoing court supervision after the appointment is made.
• Trust disputes. Trusts are created to avoid probate, but that does not mean they avoid conflict. Disagreements between trustees and beneficiaries over investment decisions, distributions, or the interpretation of trust language can lead to litigation in the Orphans’ Court.
• Executor and administrator issues. If you have been named executor of a will or appointed administrator by the court, you carry personal legal responsibility for managing the estate correctly. We advise personal representatives on their duties, help them avoid liability, and represent them when disputes arise.
• Beneficiary and heir disputes. Families do not always agree on how an estate should be divided. Disputes over specific gifts, the meaning of will language, or the conduct of the person managing the estate can result in formal legal proceedings. We represent beneficiaries, heirs, and personal representatives in these matters.

Why Choose Hoegen & Associates, P.C. as My Probate Lawyer in Scranton, PA?

Experience With Estate and Probate Matters

Francis J. Hoegen has practiced law in Pennsylvania since 1989, advising individuals and families on estate, probate, and property-related matters throughout the region. He received the American Jurisprudence Award for Constitutional Law while attending Capital University Law School in Columbus, Ohio, and is a member of the Pennsylvania Bar Association and the American Bar Association.

Committed to Families Across Pennsylvania

Hoegen & Associates, P.C. has served individuals and families in estate and probate matters for more than five decades. Every case is different. But our approach stays consistent: careful attention to the legal requirements, clear communication with the family, and a focus on resolving each matter as efficiently as the circumstances allow.

What Is Important to Understand About Probate Cases?

The Probate Process and Key Steps

Probate in Pennsylvania follows a structured sequence, but the details vary depending on whether a will exists, how large the estate is, and whether anyone raises objections.

• The process starts at the Lackawanna County Register of Wills. The will, if there is one, gets filed along with a petition to open the estate. If there is no will, an interested party petitions for appointment as administrator. The Register of Wills then issues either Letters Testamentary or Letters of Administration, which give the personal representative authority to act on behalf of the estate.
• From there, the personal representative notifies beneficiaries, heirs, and creditors. Pennsylvania law requires published notice in local newspapers so that unknown creditors have an opportunity to come forward. An inventory of estate assets must be filed with the court. Real property, bank accounts, investment accounts, personal property. All of it gets cataloged.
• Debts, taxes, and expenses are paid out of the estate. Pennsylvania imposes an inheritance tax, and the rate depends on the beneficiary’s relationship to the decedent. Once all obligations have been satisfied, the remaining assets are distributed according to the will or, if there is no will, according to the intestacy statute.

What Are Important Aspects of a Probate Case?

Several factors shape how a probate case unfolds. Some of them are predictable. Others catch families off guard.

• Whether a will exists, and whether it is clear, is the single largest factor. A well-drafted will simplifies everything. A contested or ambiguous will does the opposite.
• Family dynamics play a significant role. Blended families, estranged relatives, disagreements among siblings. These situations create conflict that can extend the probate timeline and increase legal costs.
• Asset types matter. Real property, retirement accounts, jointly held assets, and out-of-state holdings all follow different rules for transfer, and each one adds a layer of complexity.
• Tax obligations have strict deadlines. Pennsylvania’s inheritance tax applies to most estates, and federal estate tax may apply to larger ones. Getting the filings wrong can result in penalties.
• Creditor claims must be addressed within the statutory period under Pennsylvania law. Disputes about whether a particular claim is valid can further extend the administration.

What Is the Probate Case Timeline?

How long probate takes in Scranton depends on what the estate looks like and whether anyone contests the process.

• A straightforward estate with a clear will, cooperative beneficiaries, and limited assets can often be administered within six to twelve months
• Estates involving real property sales, creditor disputes, or tax complications typically require twelve to eighteen months or more
• Will contests and formal Orphans’ Court litigation can add months or years, depending on the issues and whether the case settles or proceeds to hearing
• Small estates may qualify for simplified procedures under Pennsylvania law, reducing both the time and the cost

What Should You Bring to Your Probate Consultation?

If you are preparing to open a probate case or are already serving as executor, gather the documents listed below before your consultation.

• The original will and any codicils
• The death certificate
• A list of known assets: real property, bank accounts, investment accounts, insurance policies
• Outstanding debts, including mortgages, loans, and unpaid medical bills
• Correspondence from beneficiaries, creditors, or other interested parties
• Prior estate planning documents such as trusts, powers of attorney, or beneficiary designations

We offer free consultations for probate matters. During the consultation, we will review the relevant documents, explain the process, and advise you on next steps.

What Are Important Pennsylvania Legal Resources for Probate Cases?

Pennsylvania probate matters are governed by the Orphans’ Court and the Register of Wills in each county. These resources are useful starting points.

• Lackawanna County Register: Wills office handles the filing of wills, appointment of personal representatives, and collection of inheritance tax in Lackawanna County
• Orphans’ Court Clerk: Office manages filings for guardianships, formal accountings, trust matters, and other proceedings before the Orphans’ Court Division
• Pennsylvania court system: Provides information on Court of Common Pleas procedures, including how probate and estate matters are handled in Lackawanna County

Reach Out to Hoegen & Associates, P.C. to Schedule a Consultation

If you need to open a probate case, are serving as executor, or are involved in a dispute over a family member’s estate in Scranton, PA, Hoegen & Associates, P.C. can help. We have spent over 55 years guiding individuals and families through estate and probate matters across Pennsylvania. Free consultations are available. Contact us to schedule a time to speak with a Scranton probate attorney about your case.