Whether an estate is modest, boasting only a family home, a vehicle, and savings, or it’s a large estate with diverse financial holdings, the person who accumulated those assets deserves to leave their legacy behind to their loved ones.
Estate administration in New Garden and elsewhere in Pennsylvania requires the probate process to facilitate the orderly transfer of assets to beneficiaries after a death.
Being named as a loved one’s personal representative in a will or estate plan is an honor, but it also comes with a legal responsibility to act in the best interests of the estate and beneficiaries, including throughout the complex probate process.
Instead of navigating this legal endeavor alone, call ThePeoplesLawFirm.com to learn how a Pennsylvania probate attorney can help with your probate case in New Garden.
Why ThePeoplesLawFirm.com Might Be the Right Choice for Your Estate Administration Law Firm In New Garden
As the administrator of a loved one’s estate, a lot falls on your shoulders. You could also be held responsible for any financial errors or missteps, even if they are honest mistakes. A problem during probate could delay progress or potentially cause conflict with family members.
By hiring a New Garden estate administration and probate lawyer, you have the following benefits in your case:
- Attorney at Law Michaelangelo L. Dippolito will put his over 26 years of experience by your side, ensuring that you successfully navigate each step of the process
- ThePeoplesLawFirm.com is dedicated to ensuring that the last wishes of a client’s loved one are respected and carried out with dignity and efficiency
- An attorney guiding you through the probate and estate administration process in New Garden minimizes the risk of errors, delays, and conflicts through meticulous attention to detail and careful adherence to state laws and requirements
With a free phone consultation, you have nothing to lose and can gain peace of mind by learning how a probate attorney can work for you during this sensitive time.
Who Acts as Estate Administrator After a Death?
When an individual creates a well-executed will or comprehensive estate plan, they designate a trusted loved one—usually a close family member—as their personal representative. In some documents, this may be called an executor or agent.
This is the individual who becomes the administrator of the estate after their family member’s death. The estate administrator is a fiduciary for the estate, responsible for managing all aspects of probate and inheritance while protecting the assets for the beneficiaries.
If a person dies without a will, the probate court appoints a family member as the administrator of the estate.
What Should I Expect for the Probate Process In New Garden, PA?
It’s normal and understandable to take time to grieve after a death and meet the obligations for the funeral and burial; however, it’s advantageous to begin preparing for probate as soon as possible by first locating the will and other documents, such as life insurance policies, bank statements, living trust documents, and certified copies of the death certificate.
Then, as the estate administrator, you must do the following:
- File the will with the death certificate at The Will Register Office in the county where the decedent resided
- File a petition for probate with the County Probate Court and pay the filing fee
- Obtain the “Letters Testamentary” allowing you to administer the estate if you were named administrator in the will, or “Letter of Administration” if there was no will (Title 20 Chapter 31 Section 55)
- Notify the beneficiaries, known creditors, and tax agencies of the opening of probate
- Notify the public to allow any unknown creditors to come forward with claims (Typically accomplished through posting in the newspaper or an online news forum)
- Periodically update the status of probate with the court
- Make a comprehensive accounting of the estate’s assets, debts, and tax obligations
- Facilitate the payment of debts and taxes through the directions of the estate plan or will, which may require selling one or more assets
Once all debts and tax obligations have been met, the estate administrator distributes the remainder of the estate through the directions in the will, or under Pennsylvania’s intestacy laws for those who die without a will.
When Is Small Estate Probate an Option for Estate Administration In New Garden?
Pennsylvania allows an abbreviated process for probate for estates of small value, as long as the estate doesn’t include real estate property. To qualify for Small Estate Probate in New Garden or elsewhere in Pennsylvania, the estate must include no real estate property and be valued at no more than $50,000.
The Small Probate process requires an affidavit filed with the probate court listing the estate’s assets and values. Then the court authorizes the estate administrator to distribute the assets to the beneficiaries.
What Assets May Be Immediately Available Without Probate?
Depending on the unique circumstances of the estate, some funds may be exempt from the probate process. For example, life insurance benefits are paid directly to the beneficiary. Assets held in a living trust bypass probate and are distributed to the trust’s beneficiary according to the terms of the trust.
The spouse of an employed decedent may collect their wages and death benefits of up to $10,000 without probate.
Finally, if the decedent’s bank accounts have a paid-on-death (POD) or transfer-on-death (TOD) designation, the person designated—often the personal representative—has immediate access to the funds after submitting a certified copy of the death certificate to the bank or financial institution.
In most cases, any funds accessed this way are used by the administrator to pay probate costs, pay debts against the estate, or meet the tax obligation for the estate.
Contact ThePeoplesLawFirm.com For an Estate Administration & Probate Lawyer In New Garden, PA
It may feel overwhelming to take on the full responsibilities of a challenging legal endeavor, especially if you’ve never navigated estate law before, have no legal background, and are also dealing with your grief.
Unfortunately, as the estate administrator, you could be personally responsible for errors and may have to pay out of pocket for any deficits to creditors or beneficiaries. By hiring a New Garden estate administration and probate attorney, you can avoid the common pitfalls associated with probate and estate administration in Pennsylvania.
Contact ThePeoplesLawFirm.com today to learn how a skilled estate lawyer can help.
