Your loved one left behind a lifetime’s worth of property, family heirlooms, financial assets, and personal possessions.
Whether their estate is simple, and the result of a lifetime of hard work, or a valuable estate with a diverse array of financial holdings and real estate property, they deserve to have their final wishes carried out with dignity, respect, and the least possible delays and conflicts.
If you’ve been named as the personal representative or executor of a loved one’s estate, you face the tremendous honor and responsibility of overseeing the administration of their estate.
Often, this is a daunting prospect for someone without legal experience. Fortunately, you don’t have to do it all alone. Instead, reach out to a Pennsylvania probate lawyer at ThePeoplesLawFirm.com.
Why ThePeoplesLawFirm.com Might Be Right for Your Probate Case In West Chester Township
For over 26 years, Michaelangelo L. Dippolito at ThePeoplesLawFirm.com has advocated for the wishes of deceased loved ones who expressed their goals to pass down an inheritance to their families.
Legal counsel from ThePeoplesLawFirm.com during probate provides the following advantages:
- Decades of accumulated experience and an in-depth understanding of Pennsylvania’s estate laws will be behind you throughout the probate process
- A lead attorney who is also a published author, dedicated to personalizing strategy to achieve the most efficient probate process possible under the unique circumstances of your loved one’s estate
- A neutral third-party helps defuse any potential conflicts between heirs through straightforward analysis and application of inheritance law
ThePeoplesLawFirm.com offers prospective clients a free phone consultation. Call today to determine if representation by ThePeoplesLawFirm.com is right for your probate and estate administration case in West Chester Township.
Who Administers Estate Distribution and Fulfills Probate Requirements In West Chester Township?
When creating a will or a comprehensive estate plan, the subject of the will (the principal) names a trusted person as their personal representative. This is also sometimes called an executor or agent. Often, they choose a spouse, adult child, or sibling. The personal representative becomes the estate administrator or probate administrator after the principal’s death.
When a person dies without a will, the court appoints a family member as the estate administrator, often after a family member, such as a spouse, steps forward for the role. In these cases, the state’s inheritance laws for intestacy (death without a will) take effect, determining the beneficiary of the estate.
The estate administrator is a fiduciary, with a legal and ethical obligation to act in the best interests of the estate and its heirs throughout the probate and estate administration process in West Chester Township.
What Do I Have to Do For Probate In West Chester Township?
Pennsylvania’s probate laws provide regulations to ensure an orderly process for distributing an estate after a death. To begin probate requires the estate administrator to take the following steps as soon as their grief allows.
After the funeral, the estate administrator is expected to do the following:
- Obtain a copy of the will, any life insurance policies, living trust documentation, if one exists, and several certified copies of the death certificate
- File the will and death certificate with the county Will Register Office
- File a petition with the county’s probate court (or Orphans’ Court) to open the probate case and pay the probate fee
- Once the court issues authorization letters and opens probate, the estate administrator must inform all beneficiaries named in the will, any creditors, and the IRS of the open probate
- Pennsylvania law also requires a public notification of probate to alert any unknown creditors and establish a pubic timeline for the probate process so creditors may not file claims after one year has passed after the death
- The estate administrator must inventory the estate’s assets and use the guidelines in the will to pay creditors and taxes, sometimes requiring the sale of property
- Periodic updates on probate status must occur throughout the probate process until the estate is settled
After meeting the legal responsibility to pay debts and taxes, the estate administrator must follow the directions in the will to distribute bequests to the beneficiaries, or follow the state’s inheritance laws for intestacy if there is no last will and testament.
Does Every Estate Require Probate After a Death In Pennsylvania?
Most estates must pass through the probate process, including large estates and any estate that includes real estate property; however, if a loved one’s estate lacks real estate property and is valued at $50,000 or less, the estate administrator may apply for the Small Estate Probate process by submitting an affidavit disclosing all assets in the estate.
After an approval by the probate court, the estate administrator may distribute individual bequests or the entire estate to the named beneficiaries. In the case of those who die without a will, the assets go directly to the closest surviving family member under the state’s inheritance laws.
Additionally, a thorough probate lawyer can assist the estate administrator in identifying any assets that may pass directly to beneficiaries without the need for probate.
This often includes the following:
- Funds in bank accounts with a designated Transfer-on-Death (TOD) or Pay-on-Death clause, which grants access to the full funds held in the account to the person designated—often this is the personal representative
- Life insurance benefits
- An employed decedent’s wages and death benefits of up to $10,000 may go to the spouse without probate
- Funds and assets held in a living trust may transfer directly to the beneficiary of the trust without passing through probate
All other assets, such as real estate property, businesses, heirlooms, vehicles, and personal possessions, require probate for lawful distribution to beneficiaries.
Contact the West Chester Township Estate Administration & Probate Lawyer at ThePeoplesLawFirm.com
You don’t have to navigate a complex and emotional legal process alone and face potential conflicts with loved ones and even legal liability for errors and oversights.
Instead, contact the West Chester Township probate and estate administration attorney, Michaelangelo L. Dippolito at ThePeoplesLawFirm.com for legal guidance and a steadfast ally at your side throughout the challenging Pennsylvania probate process.
