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Wayne County, PA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Probate begins at | The Wayne County Register of Wills, which admits the will to probate, grants letters testamentary (with a will) or letters of administration (without one), and receives the Pennsylvania inheritance tax return (REV-1500). The office is at the Wayne County Courthouse Annex in Honesdale |
| Administration supervised by | The Wayne County Orphans' Court Division of the Court of Common Pleas (22nd Judicial District), whose filing office is the Clerk of the Orphans' Court in the same annex; it handles the inventory, accounts, distributions, guardianships, and disputes, including appeals from the Register of Wills |
| Two offices, one building | Wayne keeps a separately elected Register of Wills, and the Clerk of the Orphans' Court role is held by the county's elected Prothonotary and Clerk of Courts, a distinct office; both offices share the Wayne County Courthouse Annex at 925 Court Street with their own extensions and fax numbers |
| Courthouse | Wayne County Courthouse Annex, 925 Court Street, Honesdale, PA 18431 |
| Mailing address | Same as the courthouse annex address: 925 Court Street, Honesdale, PA 18431 |
| Phone | (570) 253-5970 (the county courthouse line): the Register of Wills at ext. 4040; the Prothonotary's office, which serves as the Clerk of the Orphans' Court, at ext. 4030; the Court of Common Pleas at ext. 2000. This is the county's own line, not a statewide call center |
| Fax | Register of Wills (570) 253-3208; Prothonotary's office (Clerk of the Orphans' Court) (570) 253-0687 |
| [email protected] (the Register of Wills office) | |
| Office hours | Monday to Friday, 8:30 AM to 4:30 PM. The Register of Wills accepts no probates after 4:00 PM and no filings or payments after 4:15 PM, so arrive well before closing |
| Filing fee | Register of Wills fees are set by Wayne County and graduated by the value of the estate, from $20.75 for an estate not exceeding $1,000 up to $100.75 for an estate of $75,000 to $100,000, plus a separate $41.25 Judicial Computer System Project Fee and a $10.00 automation fee, under the county schedule effective April 3, 2023 and reposted November 2025 (read July 2026; 42 P.S. § 21022.1). See the fees section below, and confirm the current schedule with the Register of Wills |
| Local probate forms | Pennsylvania uses a statewide Register of Wills and Orphans' Court form set published on pacourts.us and used in every county; Wayne County has no separate numbered county form set, though the Register of Wills posts a Helpful Forms page with the statewide forms plus a few county supplemental PDFs (bond forms, a waiver of fiduciary bond, and an affidavit by pro se petitioner). The small estate petition uses a county form; contact the Register of Wills office for it |
| E-filing | No Register of Wills or Orphans' Court e-filing was found for Wayne County. The grant of letters and the estate filings are handled on paper, in person or by mail, and the grant of letters by practice requires the personal representative to appear before the Register. Confirm the current options with the office |
| Online case search | The Register of Wills offers a free online index search of Wayne County estate documents through the Landex Webstore (landex.com/webstore); the index is free to search but document images are not available online. The statewide UJS Portal case search (ujsportal.pacourts.us/CaseSearch) also exists, though its coverage of Register of Wills and Orphans' Court estate records varies by county |
| Remote appearance | Not published for Wayne County; ask the Register of Wills or the Clerk of the Orphans' Court whether a given step can be handled remotely |
| Website | https://www.waynecountypa.gov/492/Register-of-Wills |
Before you begin — know the assets and liabilities
Before you file anything in Wayne County, know exactly what is in the estate. Which Pennsylvania path fits depends on whether there is a will and on the value and type of the assets: a full grant of letters testamentary or of administration through the Register of Wills, a petition to settle a small estate of $50,000 or less through the Orphans' Court (20 Pa.C.S. § 3102), or the release of certain assets without any letters at all. Those paths and their dollar thresholds are statewide and are explained on the Pennsylvania state page; identify the estate first so you present the right petition once, because the grant of letters generally requires appearing before the Register in Honesdale.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the courthouse. In a county with a large second-home and lakefront market around Lake Wallenpaupack and the Poconos, it is common for a decedent to have owned a primary home plus a camp or vacation property, and how each parcel is titled matters, because a jointly owned home with right of survivorship or a beneficiary-designated account passes outside probate while real property in the decedent's sole name does not. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Wayne County Register of Wills and the Clerk of the Orphans' Court, both at the Wayne County Courthouse Annex in Honesdale, serve all of Wayne County. That includes Honesdale, the county seat, along with Hawley, Waymart, Prompton, Bethany, and Starrucca boroughs and the surrounding communities of Lake Ariel, Lakeville, Hamlin, Newfoundland, Damascus, Beach Lake, Equinunk, and Pleasant Mount, and the townships throughout the Lake Wallenpaupack and upper Delaware region. Every Wayne County estate is filed at 925 Court Street in Honesdale. Wayne is the only county in the 22nd Judicial District, so the Orphans' Court judge is a Wayne County Court of Common Pleas judge and you file entirely within the county.
Venue for a decedent's estate is the county where the decedent had a last family or principal residence, under Title 20 of the Pennsylvania Consolidated Statutes (20 Pa.C.S. § 3151). If the decedent lived in Wayne County, file with the Wayne County Register of Wills. If the decedent was not domiciled in Pennsylvania but left property in the county, such as a Lake Wallenpaupack vacation home, the Register of the county where the property is located may grant letters (20 Pa.C.S. § 3151), which is the basis for an ancillary administration. The Register of Wills keeps the county's original wills and estate records.
The jurisdiction process
- Gather the documents. Collect the original signed will (if there is one), a certified copy of the death certificate, the names and addresses of the heirs and beneficiaries, the proposed personal representative's information and identification, and a list of the assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed where there is no will is an administrator. Pennsylvania's umbrella term for either is personal representative.
- Prepare the petition and forms. Pennsylvania uses a statewide Register of Wills and Orphans' Court form set published on pacourts.us. The core filing is the Petition for Grant of Letters (Form RW-02), presented with the original will and the certified death certificate. There is no separate numbered Wayne County form set; for the small estate petition under 20 Pa.C.S. § 3102, contact the Register of Wills office for the county form.
- Present the petition to the Register of Wills. Take the petition, the original will, and the death certificate to the Register of Wills at the Wayne County Courthouse Annex, 925 Court Street, Honesdale. Pennsylvania practice generally requires the personal representative to appear before the Register to be sworn, so plan to file in person. Note the office's cutoffs: no probates are accepted after 4:00 PM and no filings or payments after 4:15 PM.
- Pay the filing fee. The Register of Wills grant-of-letters fee is set by Wayne County and graduated by the value of the estate, from $20.75 for an estate not exceeding $1,000 up to $100.75 for an estate of $75,000 to $100,000, plus a separate $41.25 Judicial Computer System Project Fee and a $10.00 automation fee. See the fees section below for the full ladder.
- Receive the letters. On a valid will, the Register grants letters testamentary to the executor; with no will, letters of administration to the administrator, in the priority order set by 20 Pa.C.S. § 3155. Request several short certificates (certified proof of the letters), which is what banks and transfer agents rely on; the county charges $5.00 per short certificate under its published schedule.
- Advertise the grant of letters. Immediately after letters are granted, advertise the grant once a week for three successive weeks in a newspaper of general circulation near the decedent's residence and in the county's designated legal periodical, so that creditors can present claims (20 Pa.C.S. § 3162). A creditor's practical deadline runs one year from the first complete advertisement (20 Pa.C.S. § 3532).
- File the inventory and handle inheritance tax. File a verified inventory of the estate's real and personal property with the Register of Wills (Form RW-09, 20 Pa.C.S. § 3301), and file the Pennsylvania inheritance tax return (REV-1500) with the Register of Wills. The inheritance tax becomes delinquent nine months after the date of death, and a 5% discount is allowed on tax paid within three months of death.
- Administer and close through the Orphans' Court. Pay valid debts and taxes, then distribute what remains. When a formal account is required, it is filed with the Clerk of the Orphans' Court (in Wayne County, the elected Prothonotary's office in the same annex), advertised, and confirmed by the Orphans' Court Division; ask the Clerk which account-filing and audit dates apply to your matter. Many small estates close by family settlement agreement instead of a formal account, which the Clerk of the Orphans' Court also files.
Forms and documents
Probate forms in Wayne County
Pennsylvania has a statewide Register of Wills and Orphans' Court form set, published centrally on pacourts.us and used in every county, and Wayne County uses the same forms as the rest of the state; there is no separate numbered Wayne County form set. The load-bearing form to open an estate is the Petition for Grant of Letters (Form RW-02), filed with the original will and a certified death certificate. Other statewide forms in common use include the Renunciation (Form RW-06), the estate notice and certification under Rule 10.5 (Forms RW-07 and RW-08), and the Inventory (Form RW-09), along with the Orphans' Court OC-series account and administration forms. The Wayne County Register of Wills also posts a Helpful Forms page with these statewide forms plus a few county supplemental PDFs, including a bond form, a waiver of fiduciary bond, an affidavit and release of beneficiary, an affidavit by pro se petitioner, and personal representative change-of-contact forms. The small estate petition under 20 Pa.C.S. § 3102 uses a county form rather than a numbered statewide RW form; contact the Wayne County Register of Wills office for it.
In Wayne County these forms are filed on paper, in person or by mail, with the Register of Wills at 925 Court Street, Honesdale; no Register of Wills or Orphans' Court e-filing was found for the county. For questions about what the office needs on intake, call the Register of Wills at (570) 253-5970, ext. 4040, and remember the filing cutoffs of 4:00 PM for probates and 4:15 PM for filings and payments.
| Resource | What it provides |
|---|---|
| Pennsylvania Register of Wills and Orphans' Court forms (pacourts.us) | The statewide form set used in every county, including the Petition for Grant of Letters (RW-02), the Renunciation (RW-06), the Inventory (RW-09), and the Orphans' Court OC-series forms |
| Wayne County Register of Wills (waynecountypa.gov) | The county Register of Wills page, with the current fee schedule, hours, filing cutoffs, and contact information |
| Wayne County Register of Wills helpful forms (waynecountypa.gov) | The county's forms page: the statewide Register of Wills forms plus Wayne County supplemental PDFs such as the bond form, waiver of fiduciary bond, affidavit and release of beneficiary, and affidavit by pro se petitioner |
| UJS Portal case search (ujsportal.pacourts.us) | The statewide court case search; its coverage of Register of Wills and Orphans' Court estate records varies by county |
Fees
Pennsylvania sets probate filing fees county by county, not statewide, and Wayne County publishes its own Register of Wills fee schedule. The figures below were read in July 2026 from the schedule posted on the county site in November 2025; the printed schedule was approved March 7, 2023, took effect April 3, 2023, and lists Act 69 of 1993, Acts 40 and 44 of 2017, and Act 45 of 2025 as its authorities, so the dollar amounts date to the 2023 schedule as republished in November 2025. Confirm the current amounts with the office, because a county can revise its schedule.
The Register of Wills fee for a Petition for Grant of Letters is graduated by the value of the estate. It starts at $20.75 for an estate not exceeding $1,000 and rises with the estate's value ($30.75 over $1,000 to $5,000, $40.75 over $5,000 to $10,000, $50.75 over $10,000 to $20,000, $60.75 over $20,000 to $30,000, $70.75 over $30,000 to $40,000, $80.75 over $40,000 to $50,000, $90.75 over $50,000 to $75,000, and $100.75 over $75,000 to $100,000), then $40.00 for each additional $100,000 or fraction. On top of that graduated base fee, Wayne County charges a separate $41.25 Judicial Computer System Project Fee and a $10.00 automation fee for the filing. All fees are payable at the time of filing, and the schedule states that an additional probate fee is charged when the inheritance tax return or the inventory shows assets higher than the value listed on the petition.
The Clerk of the Orphans' Court (in Wayne County, the elected Prothonotary's office) publishes its own schedule for the later court filings, on the county's combined Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court fee schedule, latest printed effective date January 1, 2026 (read July 2026): filing a first and final account is $35.00 for the first page plus $2.00 for each additional page, with a $75.00 advertising charge; a claim against an estate is $15.00; and a family settlement agreement is $15.00. Confirm current amounts with that office before filing.
| Wayne County Register of Wills filing | Fee (schedule read July 2026) |
|---|---|
| Grant of letters, estate not exceeding $1,000 | $20.75 |
| Grant of letters, estate $20,000 to $30,000 | $60.75 |
| Grant of letters, estate $75,000 to $100,000 | $100.75 |
| Grant of letters, each additional $100,000 or fraction | $40.00 |
| Judicial Computer System Project Fee (per filing) | $41.25 |
| Automation fee (per filing) | $10.00 |
| Short certificate (certified proof of the letters) | $5.00 each |
| Will, probate or file only (first page) | $10.00 |
| Inventory, debts and deductions | $10.00 |
| Inheritance tax return (REV-1500), filing | $20.00 |
| Certified copy, filing or issuing (first page) | $20.00 |
| Petition other than grant of letters | $20.00 |
| Copies | $0.50 per page |
Recent updates
| Date | What changed |
|---|---|
| November 2025 | The Register of Wills reposted its fee schedule on the county site. The dollar amounts are those of the schedule effective April 3, 2023, with the schedule's cited authorities updated to include Act 45 of 2025 alongside Act 69 of 1993 and Acts 40 and 44 of 2017 |
| January 1, 2026 | The county's combined Prothonotary, Clerk of Courts, and Clerk of the Orphans' Court fee schedule carries its latest printed effective date, covering Orphans' Court filings such as accounts, estate claims, and family settlement agreements |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Wayne County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Honesdale-area home was owned jointly with right of survivorship, it passes to the surviving spouse outside probate on proof of death, so no estate proceeding is needed for the house itself. If other assets stood in the decedent's sole name and there is a will, the spouse presents the Petition for Grant of Letters (Form RW-02) to the Wayne County Register of Wills and, once the will is admitted, receives letters testamentary as executor; with no will, the spouse is granted letters of administration. | Asset discovery to confirm how the home and accounts are titled and what must go through the Register of Wills. Packet generation for the RW-02 filing. A vetted attorney referral if a dispute arises. |
| Out-of-state adult child, small estate | A smaller estate may qualify for the petition to settle a small estate of $50,000 or less, filed with the Orphans' Court (20 Pa.C.S. § 3102), or certain assets may be released without letters. Otherwise the child opens a full estate with the Register of Wills. Because the grant of letters generally requires appearing before the Register in Honesdale and Wayne is a paper-filing county, an out-of-state child should call ahead to arrange the appointment or a mail filing and mind the 4:00 PM probate cutoff. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the small estate petition or the grant of letters, organized so an out-of-state filer can plan a single trip to Honesdale. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, such as a Lake Wallenpaupack property, it proceeds through a full grant of letters rather than a small estate petition: with no will, the parent is granted letters of administration by the Register of Wills; with a will, the parent probates it under Form RW-02. Once the letters issue, the personal representative can sell the Wayne County home and, when a formal account is required, file it with the Clerk of the Orphans' Court. | Asset discovery for the child's accounts and property. Packet generation for the grant of letters and the inventory. Attorney referral, and help if the sale or an heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Wayne County Register of Wills, (570) 253-5970 ext. 4040 (waynecountypa.gov) | The county Register of Wills page: hours and filing cutoffs, the mailing address, helpful forms, the current fee schedule, and the free Landex Webstore index search of estate documents (landex.com/webstore) |
| Wayne County Prothonotary, serving as Clerk of the Orphans' Court, (570) 253-5970 ext. 4030 (waynecountypa.gov) | The office that files Orphans' Court matters in Wayne County: accounts of executors, trustees, and guardians, estate claims, family settlement agreements, and guardianship and adoption filings |
| Wayne County Court of Common Pleas, (570) 253-5970 ext. 2000 (waynecountypa.gov) | The court page for the Orphans' Court Division of the 22nd Judicial District, its judges, and general court information |
| Pennsylvania courts, orphans' court forms (pacourts.us/forms/for-the-public/orphans-court-forms) | The statewide Register of Wills and Orphans' Court form set used in Wayne County, including the Petition for Grant of Letters and the Inventory |
| Pennsylvania courts, representing yourself (pacourts.us/learn) | Plain-language statewide guidance on the courts, self-representation, and estate procedure |
| UJS Portal case search (ujsportal.pacourts.us/CaseSearch) | The statewide court case search; Register of Wills and Orphans' Court estate-record coverage varies by county |
| Pennsylvania Department of Revenue, inheritance tax (pa.gov/agencies/revenue) | The Pennsylvania inheritance tax rules and the REV-1500 return, which is filed with the Wayne County Register of Wills |
| North Penn Legal Services, Honesdale office, 877-515-7465 (nplspa.org) | Free civil legal help for income-eligible Wayne County residents, with a Honesdale office in the Wayne County Courthouse; phone intake at 877-953-4250 |
| PALawHELP (palawhelp.org) | Plain-language legal information and statewide routing to legal aid and lawyer referral services |
| Wayne County Bar Association (waynecountypalawyers.com) | The county bar association's list of member attorneys, which the Register of Wills office points families to for local counsel |
| Pennsylvania Bar Association Lawyer Referral Service (pabar.org) | Referrals to Pennsylvania probate attorneys statewide, including those serving the Wayne County region |
When to hire an attorney
Many Wayne County estates are uncontested and can be handled without an attorney, especially a small estate that qualifies for the 20 Pa.C.S. § 3102 petition or an ordinary grant of letters where the will is clear. Consider counsel when the estate holds real property that must be sold, including a vacation or lakefront property, when a will contest or a dispute among heirs is likely, when a formal Orphans' Court account will be required, when the estate is insolvent or creditors are pressing, when inheritance tax planning is involved, or when the estate includes a business interest or out-of-state property. The Register of Wills and the Clerk of the Orphans' Court can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Pennsylvania probate attorney serving Wayne County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Wayne County real estate, and unclaimed property, so you know the estate's value and which Pennsylvania estate settlement path fits before you file.
Generate the probate packet. Sunset assembles the Pennsylvania probate forms for your path, including the Petition for Grant of Letters and the inventory, ready to present to the Wayne County Register of Wills in Honesdale.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Pennsylvania probate attorney serving Wayne County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Wayne County?
With the Wayne County Register of Wills at the Wayne County Courthouse Annex, 925 Court Street, Honesdale, PA 18431. The Register of Wills admits the will and grants letters. The later Orphans' Court filings, such as accounts, estate claims, and family settlement agreements, go to the Clerk of the Orphans' Court, a role held in Wayne County by the elected Prothonotary and Clerk of Courts, a separate office in the same annex.
Do I have to travel to Honesdale to settle an estate in Wayne County?
For the grant of letters, usually yes. Pennsylvania practice generally requires the personal representative to appear before the Register of Wills to be sworn, and Wayne County handles the grant of letters on paper rather than by e-filing, so plan on a trip to Honesdale. The office also accepts filings by mail, so call (570) 253-5970, ext. 4040 first to confirm whether your matter can be handled by mail, and note that no probates are accepted after 4:00 PM.
Where do I file if my parent lived in Wayne County but I live out of state?
You still file in Wayne County, because Pennsylvania venue is the county where the decedent had a last family or principal residence (20 Pa.C.S. § 3151). File with the Wayne County Register of Wills in Honesdale regardless of where you live. Because the grant of letters generally requires appearing before the Register, an out-of-state personal representative should call the office ahead of time to plan a single trip or a mail filing.
Can I file probate electronically in Wayne County?
No e-filing option is published for Wayne County estates as of July 2026; no Register of Wills or Orphans' Court e-filing was found for the county, and the grant of letters and the estate filings are handled on paper, in person or by mail. The statewide UJS Portal is a case search, not an estate e-filing system for this county. Confirm the current options with the office.
How much does it cost to file probate in Wayne County?
The Register of Wills fee for a Petition for Grant of Letters is set by Wayne County and graduated by the value of the estate, from $20.75 for an estate not exceeding $1,000 up to $100.75 for an estate of $75,000 to $100,000, plus a separate $41.25 Judicial Computer System Project Fee and a $10.00 automation fee (schedule read July 2026). A short certificate is $5.00 each. Confirm the current schedule with the office.
What forms do I need for probate in Wayne County?
The statewide Pennsylvania forms, the same ones used in every county. The core form is the Petition for Grant of Letters (Form RW-02), filed with the original will and a certified death certificate; the Inventory is Form RW-09. There is no separate numbered Wayne County form set, but the Register of Wills posts a Helpful Forms page with the statewide forms plus county supplemental PDFs such as a bond form, a waiver of fiduciary bond, and an affidavit by pro se petitioner. The small estate petition under 20 Pa.C.S. § 3102 uses a county form, so contact the Register of Wills office for it.
Who handles inheritance tax in a Wayne County estate?
The Pennsylvania inheritance tax return (the REV-1500 for a resident decedent) is filed with the Wayne County Register of Wills, which acts as the collection agent. Pennsylvania has no state estate tax, but it does have an inheritance tax whose rate depends on the beneficiary's relationship to the decedent. The tax becomes delinquent nine months after the date of death, and a 5% discount is allowed on tax paid within three months of death; the rates and details are on the Pennsylvania state page and the Department of Revenue site.
How do I look up a Wayne County probate case online?
The Wayne County Register of Wills offers a free online index search of estate documents through the Landex Webstore at landex.com/webstore; the index is free to search, but document images are not available online. The statewide UJS Portal case search at ujsportal.pacourts.us/CaseSearch also exists, though its coverage of Register of Wills and Orphans' Court estate records varies by county. To confirm a specific estate filing you can also call the Wayne County offices at (570) 253-5970.
What are the phone number and office hours for probate in Wayne County?
The Wayne County Register of Wills is reached at (570) 253-5970, ext. 4040, with a fax at (570) 253-3208 and email [email protected]. The office is open Monday to Friday, 8:30 AM to 4:30 PM, but accepts no probates after 4:00 PM and no filings or payments after 4:15 PM, so arrive well before closing.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.