While it’s true that we “can’t take it with us,” that doesn’t mean it isn’t an act of love to leave a legacy to family members after death. When a person appoints a personal representative in their will or estate plan, they place their trust in that individual to carry out their wishes for distributing their assets, family heirlooms, and personal property to their loved ones in the way that they desire.
Although it’s an honor to be given this task, it can also be a daunting prospect for someone with little or no experience in estate law. Fortunately, if you are the administrator of a loved one’s estate, you don’t have to navigate the process alone.
Instead, contact a Pennsylvania probate attorney at ThePeoplesLawFirm.com.
Why ThePeoplesLawFirm.com May Be Right for Your Probate Case In West Goshen Township
Probate is the state’s means of ensuring an orderly process for handling a deceased person’s estate; however, there are many ways that probate becomes complicated, potentially causing conflicts and delays.
An experienced estate administration and probate lawyer does the following:
- Guides the probate process with diligence and compassion, ensuring the most efficient process possible to settle an estate
- Uses decades of accumulated knowledge, skills, and resources to your benefit throughout every step of the probate process
- Minimizes the risk of an error or misstep that leaves you financially responsible
The administrator of an estate serves as a fiduciary, which requires them to act in the best interests of the estate and heirs throughout the probate process. An unintentional error can cause delays, conflict, and even personal liability.
Attorney Michaelangelo L. Dippolito will put ThePeoplesLawFirm.com on your side to ensure a smooth, streamlined probate process even in the most challenging cases.
Who Becomes the Administrator of an Estate In West Goshen Township?
Depending on the terminology used in a will or estate plan, the individual named as the personal representative, executor, trustee, or agent becomes the probate administrator or estate administrator responsible for distributing assets according to the terms of the will.
If an individual dies without a will, the court may appoint a family member, such as a spouse, parent, or adult child, as the administrator of the estate and then require them to follow the state’s intestacy laws for distributing assets.
Most people choose a trusted loved one, such as a spouse or adult child, to serve as their personal representative when creating a will.
What Do I Have to Do for Probate In West Goshen Township?
As the estate administrator for a deceased loved one, a lot rests on your shoulders. First, it’s necessary to obtain several certified copies of the death certificate and locate the will.
Then, gather relevant financial documents, life insurance policies, and any living trust documents. Then, call a probate attorney for legal guidance through the following steps:
- Filing the will along with a certified copy of the death certificate with the county’s Will register
- Filing a petition with the probate court and paying the required fee to open the probate process
- Obtaining the appropriate documents granting authority to administer the estate from the probate court based on whether you were appointed by the decedent’s will or the court
- Informing all beneficiaries, creditors, and tax agencies of the probate process
- Informing the public through a newspaper or online news site of the open probate case in order to prompt any unknown creditors to come forward with a claim before the one-year deadline expires
- Making a detailed inventory of all assets and debts within the estate
- Paying off all debts and meeting the tax obligation through the method outlined in the will, including by selling one or more allotted assets when required
- Carrying out the terms of the will for individual bequests and the distribution of remaining assets
The state’s intestacy laws for inheritance determine the correct beneficiary in cases of a death without a will or an estate that conveys the decedent’s wishes.
Does Every Estate Go Through Probate In Pennsylvania?
Any estate that includes real estate property requires probate, but if a decedent’s estate is less than $50,000 in total value and doesn’t include real estate property, it’s eligible for the Small Estate Probate process.
This is an expedited process that requires only an affidavit listing the decedent’s assets. If the court approves, the estate administrator can bypass the lengthier probate process and distribute the assets directly to the beneficiary or beneficiaries.
In addition to small estate probate, some types of funds in an estate do not need probate. For example, the following assets may circumvent probate and go directly to the appropriate beneficiary:
- Life insurance policies
- Assets held in a living trust
- Up to $10,000 in wages, salary, and death benefits from an employer
- Funds in bank accounts with a Transfer on Death (TOD) or Pay-on-Death (POD) designation
In many cases, the beneficiary in the above cases is the personal representative of the estate, but it may be other family members depending on the specified terms of each asset.
What Does an Estate Administration and Probate Lawyer Do?
Navigating the probate system can easily become overwhelming, especially in cases of large estates with diverse holdings or when beneficiaries have conflicts. To make matters worse, the probate administrator may be responsible for any errors and have to pay out of pocket.
With legal representation from a probate lawyer, your attorney does the following:
- Prepares all legal documents and filings with meticulous attention to detail and requirements
- Manages the notification of beneficiaries
- Assists with inventory and assessment of the contents of the estate
- Manages any necessary sales and the payment of debts against the estate and taxes
- Keeps the probate court informed about the status of probate
- Provides a neutral third-party to avoid conflicts between beneficiaries
- Oversees the estate administrator’s distribution of the remaining assets according to the terms conveyed in the will
Hiring an attorney ensures that you meet all legal requirements, minimizing the risk of a contested will or other complications and delays. It also allows you to focus on the grieving process with less anxiety about the legal aspects of administering the estate.
Contact ThePeoplesLawFirm.com About Your Probate Case In West Goshen Township, PA
You don’t have to manage a challenging legal endeavor alone. Instead, contact ThePeoplesLawFirm.com to learn more about what to expect in your case and how attorney Michaelangelo L. Dippolito can help.
