We spend a lifetime working hard to accumulate property and assets, which we hope to pass along to our loved ones after our death.
Naming a personal representative in a will or estate plan is a demonstration of our love and trust in that special person to carry out our wishes after we are gone.
If you’ve been named as the personal representative for a loved one who has passed away, you also become the probate administrator for their estate. While this is a considerable honor, it may also feel overwhelming.
Instead of facing this complex legal endeavor alone, contact a Pennsylvania probate lawyer at ThePeoplesLawFirm.com to guide you through the process in the most efficient, effective way possible.
Why You Should Choose ThePeoplesLawFirm.com for Your Estate Administration and Probate Case In East Goshen
Probate can be challenging even for small, straightforward estates, but it quickly becomes complex for large estates or when conflicts arise between heirs.
By choosing ThePeoplesLawFirm.com, you enjoy the following advantages:
- An East Goshen estate administration and probate attorney with over 26 years of experience in Pennsylvania estate law at your side throughout the process
- A neutral voice with an in-depth understanding of the state’s inheritance laws to resolve conflicts
- Steadfast legal guidance throughout every stage of the process so you can avoid costly missteps that could otherwise leave you financially responsible
- A personalized strategy for the most efficient, low-stress probate process possible under the unique circumstances of the estate
Attorney Michaelangelo L. Dippolito has dedicated his career to ensuring that grieving family members manage the probate process and uphold the wishes of their deceased loved ones with dignity and respect.
Understanding Probate In Pennsylvania
Probate is the legal process that helps facilitate the orderly transfer of property after a person passes, typically through their expressed desires in a will or estate plan, but sometimes under the state’s inheritance laws.
The administrator of a deceased loved one’s estate must do the following:
- Locate the decedent’s will and obtain several certified copies of the death certificate
- Locate any life insurance policies and paperwork for living trusts
- File the will with the county’s Will Register
- Submit a petition to the Probate Court (also called The Orphans’ Court) to open a probate case
- Pay a probate fee based on the value of the estate
- Obtain an authorization letter and confirmation of the open probate case
- Inform all beneficiaries, known creditors, and the IRS about the death and probate
- Issue a public notice of probate in local papers to alert any unknown creditors and establish a timeline to ensure that no creditor may file a claim beyond one year of the death
- Conduct a thorough inventory of the estate’s holdings and pay any debts against the estate (this sometimes requires selling property, depending on the specifications outlined in the will)
- Pay the appropriate taxes
Once debts and taxes have been paid, the estate administrator is responsible for distributing the remaining assets according to the directions expressed in the will.
The probate administrator of an estate is a fiduciary for the estate, meaning they have a legal obligation to act in the best interests of the estate and its heirs.
Is Probate Necessary If There Is No Will?
All estates with real estate property and/or those valued at $50,000 or more require probate, including when the decedent did not leave a will or estate plan. In such cases, the court appoints a close family member as the estate administrator, typically a spouse or other close relative who volunteers.
Then, the probate court authorizes them to act on behalf of the estate to pay debts and taxes from the estate and then distribute the remaining property according to the state’s intestacy laws. Intestacy laws define the hierarchy of inheritance for those who die without a will.
Pennsylvania’s intestacy laws determine the succession of beneficiaries to an estate left without a will under Chapter 21, Title 20 § 2101-2114. The hierarchy of inheritance is based on whether the decedent has a living spouse and/or children.
When Can an Estate Administrator In East Goshen Use Small Estate Probate?
When a decedent’s estate is valued at $50,000 or less and does not include real estate property, the estate administrator may file a petition with the probate court for Small Estate Probate.
This is an abbreviated probate process that requires the probate administrator to file an affidavit with a list of estate assets with the probate court, and then distribute the assets directly to beneficiaries either as named in a will or under the state’s intestacy laws.
Do Some Assets Avoid Probate?
An experienced estate administration and probate lawyer in East Goshen can assist you in determining any estate funds that do not require the probate process to pass to beneficiaries. For example, life insurance policies are paid directly to the beneficiaries without probate, as are assets held in living trusts.
If the decedent has funds in bank accounts with a transfer-on-death (TOD) or pay-on-death (POD) designation, the person listed on the account can immediately access the funds without probate. Often, but not always, this is the same person designated as the personal representative and estate administrator, allowing them to use these financial resources to pay probate fees, debts, and taxes if the account funds are sufficient.
Jointly owned property doesn’t require probate but immediately transfers solely into the name of the other owner.
A spouse can also recover up to $10,000 in wages, salary, and death benefits from a deceased spouse’s employer without a probate requirement.
Contact ThePeoplesLawFirm.com for an East Goshen Estate Administration and Probate Attorney
The probate process can often feel overwhelming to individuals with limited or no prior experience in estate law or probate administration in Pennsylvania.
Instead of navigating this process alone, with the risk of an error or oversight that leaves you financially responsible, contact Michaelangelo L. Dippolito at ThePeoplesLawFirm.com for a legal ally to assist you through the East Goshen Probate process from start to finish, allowing you to focus on grieving your loss with fewer legal anxieties.
