A death in the family is always a distressing emotional experience to process, but when you’ve been named as the personal representative in the deceased loved one’s will, it often becomes a distressing legal process as well. The personal representative is responsible for administering the estate through the Pennsylvania probate process.
This is one of the few legal endeavors that fall into the hands of an individual who often has little or no experience in the legal realm. Still, if you’ve been tasked with the probate and estate administration process in West Bradford, you don’t have to do it alone.
Instead, call ThePeoplesLawFirm.com to speak to an experienced Pennsylvania probate lawyer who is ready to help.
Why Select ThePeoplesLawFirm.com for Your Probate Case In West Bradford, PA?
Probate is rarely simple, even for relatively small, straightforward estates, but it quickly becomes complex when conflicts arise or for large estates with diverse holdings.
You can obtain legal counsel from ThePeoplesLawFirm.com to bring the following advantages to your probate process:
- Skilled, knowledgeable legal guidance throughout every step of your probate and estate administration process
- An attorney with over 26 years of experience and a history of satisfied clients at your side
- A personalized strategy to accomplish probate as efficiently and effectively as possible, based on the unique circumstances of the estate rather than a one-size-fits-all approach
ThePeoplesLawFirm.com offers a free phone consultation to prospective clients, so a single phone call can put you on track for getting the legal guidance you need for your probate case in West Bradford.
Who Is Responsible for Probate and Estate Administration?
Being named as a personal representative of a loved one is a distinct honor, showing that you are the person most trusted to carry out the decedent’s wishes after their death.
The personal representative named in a decedent’s will becomes the probate administrator or estate administrator after the death. The probate administrator is a fiduciary for the estate, meaning they must act in the best interests of the estate and heirs throughout probate, or they could be held legally accountable.
If a decedent left no will behind, the court appoints an estate administrator, typically a spouse or another close relative who steps forward for the process voluntarily.
How Does Probate Work In Pennsylvania?
Probate is the legal term for the orderly process of distributing an estate to the legal heirs after the estate owner’s death. This process typically begins soon after the funeral and burial, although there is no set starting date, as the court understands that we all mourn at our own pace.
Once the estate administrator is ready to begin probate, they must adhere to the following general steps:
- Obtain several certified copies of the death certificate
- Locate the will and other relevant documents, such as living trusts, bank account information, and life insurance policies
- File the will and death certificate with the Will Register’s office in the county where the decedent lived
- Petition the county’s probate court (sometimes called the Orphans’ Court) to open the probate case and pay the required fee
- Once the court opens probate, it gives the estate administrator authorization to manage the estate
- The estate administrator must inform the beneficiaries, known creditors, and the tax agency about the opening of probate
- The state requires notices of probate placed in public newspapers to alert creditors who wish to file claims against the estate (creditors have one year from the date of the death to file claims)
- After paying off all debts against the estate and meeting the tax obligation, the probate administrator distributes all remaining assets to beneficiaries according to the terms of the will
In intestacy cases, when there is no will or estate plan, Pennsylvania’s hierarchy of inheritance determines who inherits, and the estate administrator must follow the law.
Is Small Estate Probate Available In My West Bradford, PA Estate Administration Case?
Small estate probate is an expedited probate process that operates more efficiently through a straightforward legal procedure. If an estate includes any real estate property, the Small Estate Probate process isn’t available to the administrator.
Only estates valued at $50,000 or less and with no real estate property may use Small Estate Probate in Pennsylvania.
Are Any Funds Immediately Available to Beneficiaries Without Probate?
In some cases, a beneficiary requires immediate access to financial resources, or the estate administrator seeks funds to pay creditors or taxes without having to sell property from the estate.
An experienced estate administration and probate attorney in West Bradford may be able to find avenues for bypassing probate for some types of assets, including the following:
- Life insurance policies pay out without probate and only require a certified death certificate
- Any funds held in bank accounts with a transfer-on-death (TOD) or pay-on-death (POD) designation grant immediate access to the designee on the account. Often, this is the probate administrator
- The spouse of a decedent who was employed at the time of their death may recover their deceased spouse’s wages and any employee death benefits available for up to $10,000 without probate
- Assets held in a living trust transfer to the beneficiary without requiring probate
All other financial holdings of the estate must pass through probate before the estate administrator distributes them to the appropriate beneficiaries.
What Does a West Bradford Estate Administration & Probate Attorney Do?
The probate process described above may seem straightforward, but many common pitfalls can lead to unnecessary delays, conflicts between beneficiaries, and personal liability for deficits to creditors or beneficiaries.
By hiring an estate lawyer, your West Bradford probate lawyer does the following:
- Guides you through each step of the process and oversees all filings and paperwork requirements with meticulous attention to detail
- Ensures that you meet every legal requirement of the probate process to avoid mistakes, missteps, and oversights
- Compiles an inventory of estate assets and determines strategies for paying debts and taxes while protecting the best interests of the estate
- Provides a neutral voice to settle conflicts that arise between beneficiaries
A West Bradford estate lawyer ensures an orderly, efficient transfer of assets to designated beneficiaries.
Contact a West Bradford Estate Administration & Probate Lawyer at ThePeoplesLawFirm.com
Mistakes during probate can have significant consequences, including the possibility of personal liability for financial errors.
Instead of becoming mired in the challenging legalities, contact a West Bradford estate administration and probate attorney at ThePeoplesLawFirm.com today to learn more about your options for legal counsel throughout the estate administration process.
