One of the most important ways we can express our love to our families is by leaving them bequests from our hard-earned estates after we pass away. Whether an estate is small and straightforward or includes a diverse portfolio of valuable property and assets, leaving a lasting legacy to family members is a beautiful testament.
Being named as a personal representative in a loved one’s estate is an honor, but it also leaves the representative responsible for administering the estate left behind after the loved one passes away.
If you’ve been tasked with this time-honored duty, you don’t have to face the complex legal requirements of estate administration in London Grove alone. Instead, call The Pennsylvania probate lawyers at ThePeoplesLawFirm.com for experienced legal guidance throughout the probate process.
Why Choose ThePeoplesLawFirm.com as Your London Grove Estate Administration & Probate Lawyers?
When everything rests on your shoulders, you don’t want a clerical error or oversight to cause an unnecessary delay in the probate process or to trigger conflict with family members.
Instead, call Michaelangelo L. Dippolito at ThePeoplesLawFirm.com for the following:
- Legal counsel and guidance through every step of the probate process by an attorney with decades of knowledge and experience in Pennsylvania’s estate law
- A strategy for estate administration tailored to the unique needs of your loved one’s estate
- Over 25 years of accumulated experience, knowledge, and resources at your side throughout the process from start to finish
ThePeoplesLawFirm.com offers a free phone consultation so you can find out how an estate administration and probate attorney in London Grove can help you with your probate case.
What Is Probate In Pennsylvania?
Probate is the legal process of distributing an estate in an orderly fashion after a death. It first requires the estate administrator to address any debts against the estate and tax obligations, before distributing the remaining assets in the estate to beneficiaries according to the terms of the decedent’s will.
If a deceased person does not leave a will, the court appoints a representative to serve as the estate administrator. It then applies the state’s intestacy laws for inheritance during the probate process.
How Does Probate and Estate Administration Work In London Grove, PA?
After a loved one’s death, the representative of their estate becomes the probate administrator. Naturally, the first days following the death are consumed by mourning the loss and arranging and attending the funeral. In most cases, the probate process begins soon after the funeral, initiated by the probate administrator.
First, this process requires obtaining several certified copies of the death certificate. Then, an estate administrator must do the following:
- File the decedent’s will along with their death certificate at the county’s Will Register Office
- File a petition to the county’s probate court (sometimes called the Orphan Court) to open the probate process
- Notify the beneficiaries, the decedent’s creditors, and the general public of the open probate case (Notifying the public through a newspaper establishes a timeline for probate and requires any unknown creditors to come forward with their claim for up to a year after the death)
- Once the court issues the “Letters Testamentary” to the probate administrator, it grants them authority to manage the estate
- If the decedent left no will, the court appoints a family member as the probate administrator and issues Letters of Administration authorizing the representative to administer the estate
- Then, the probate administrator is responsible for conducting an inventory of the estate’s assets, debts, and tax liabilities
- The estate must first pay any debts and taxes through the terms expressed in the will, sometimes requiring the sale of one or more assets
- Finally, once all debt and tax obligations have been met, the estate administrator is responsible for distributing the assets and property according to the decedent’s wishes or the state’s inheritance laws
Administering an estate in London Grove also requires the administrator to periodically update the probate court on the status of the case, including acknowledging the sale of any assets if this action is necessary to resolve debts or pay taxes on the estate.
What If My Loved One’s Estate Is Small? Does It Still Go Through Probate?
Probate is often a prolonged and complex process, taking anywhere from 9 to 18 months to complete. Small estates can bypass this lengthy process and use an expedited process known as Small Estate Probate. To qualify for Small Estate Probate, the total value of the estate must be no more than $50,000 and include no real estate property.
If an estate qualifies for Small Estate Probate, the estate administrator must present an affidavit listing the estate’s assets to the probate court. Upon approval, the estate administrator can direct the assets to the appropriate beneficiary without the lengthy probate process.
A London Grove Estate Administration & Probate Attorney May Be Able to Direct Some Assets to Beneficiaries Without Probate
Not all assets in an estate have to go through the probate process. For example, many bank accounts include a transfer-on-death (TOD) designation or a pay-on-death (POD) designation, authorizing the immediate release of funds to the designee. In most cases, the designee is also the personal representative who becomes the estate administrator.
Life insurance benefits are also paid directly to the beneficiary without the need for probate, as are any assets held for a beneficiary in a living trust. The estate administrator or the closest surviving family member of a decedent who was employed at the time of their death may also recover any wages, salary, or death benefits available from an employer for up to $10,000 without probate.
Call ThePeoplesLawFirm.com for Your London Grove Estate Administration and Probate Case
Instead of navigating the legal complexity of probate and estate administration alone and risking an unintentional error or misstep that leaves you personally liable, contact Michaelangelo L. Dippolito for experienced guidance throughout every step of the legal process.
Experienced representation ensures that your loved one’s wishes are honored with dignity and respect in the most efficient way possible.
