When an individual cares about the legacy they leave to their loved ones after their passing, they create a will or estate plan and select a trusted loved one as their personal representative. Sometimes referred to as an executor or agent, the personal representative becomes the estate administrator in charge of probate after the death of the individual.
While some people are fortunate enough to have a lawyer in their family, more often than not, the person selected as personal representative has no legal background, yet they are faced with a challenging legal process.
If you are the administrator of a deceased loved one’s estate, you don’t have to carry out your weighty responsibility alone. Instead, reach out to Pennsylvania probate lawyers at ThePeoplesLawFirm.com for guidance throughout the Westtown estate administration and probate process.
Why Should I Choose ThePeoplesLawFirm.com for My Probate Case In Westtown, PA?
Attorney Michaelangelo L. Dippolito has over 26 years of experience navigating complex estate law in Pennsylvania, with a history of satisfied clients and a reputation for professional excellence.
By selecting ThePeoplesLawFirm.com, you’ll have a tireless ally providing the following advantages to your probate process:
- Decades of accumulated knowledge, skills, and experience at your side from start to finish during the probate and estate administration process
- An attorney to navigate the legalities with meticulous attention to filing and paperwork requirements, so nothing is overlooked
- A neutral voice to resolve any conflicts between beneficiaries through diligent adherence to the state’s probate and inheritance laws
ThePeoplesLawFirm.com offers a free initial phone consultation so you can learn more about how a Wesstown estate administration and probate attorney can assist you with the unique circumstances of your probate case in Westtown.
Who Can Be an Estate Administrator In Pennsylvania?
Most individuals who draft a will or comprehensive estate plan with the assistance of an attorney typically select a close, trusted family member as their personal representative to carry out their wishes after they pass away. The personal representative is the person tasked with administering the estate after the deceased’s death, including the probate process.
If a person dies without leaving a valid will behind, the state’s intestacy laws take effect. These are the state’s laws of inheritance hierarchy, also known as the Pennsylvania Intestate Laws, which determine who inherits the estate of a deceased family member.
In this case, the court appoints an estate administrator. This is typically a close family member, such as a spouse, adult child, parent, or sibling.
Understanding the Probate and Estate Administration Process In Westtown
The state requires most estate assets to pass through probate before they may be legally transferred to a beneficiary. The probate process is a set of rules and requirements for the orderly transfer of property after a death.
First, the estate administrator must locate the will and obtain several certified copies of the death certificate. Then, they begin the following Pennsylvania probate process:
- File the will and death certificate at the county Will Register Office in the county in which the decedent resided before their death
- File a petition to open probate with the county probate court, or “Orphans’ Court”
- Pay the probate filing fee with an amount based on the value of the estate
- Receive “Letters Testamentary” granting the administrator authority to execute the will, or “Letters of Administration” if the loved one died without a will
- Notify all beneficiaries of the beginning of the probate period
- Notify creditors with debts against the estate
- Notify the public through a newspaper or online news forum to alert any additional creditors who have up to one year to file a claim
- Pay all debts and meet the required tax obligations as directed in the will, including by selling property if necessary
- Oversee the distribution of all remaining assets to the beneficiaries named in the will or according to the state’s intestacy laws if there is no will
Even with step-by-step instructions for managing probate, there is still considerable room for filing errors, oversight, and conflicts that can delay the probate process.
In the worst cases, an error may leave the administrator personally responsible and compelled to pay out of pocket to make up any deficits, even if the oversight was an honest mistake. By hiring an experienced attorney, you greatly minimize the risk of errors and unnecessary delays.
Do All Estates Require the Full Probate Process?
While any estate passed through inheritance requires probate in Pennsylvania, the court allows an abbreviated process for small estates with no real estate property. This is known as Small Estate Probate. To qualify for this fast, efficient process, an estate must be valued at no more than $50,000 and include no real estate property.
The small estate probate process requires the administrator to submit an affidavit showing the contents and assessed value of the estate’s assets. Upon approval, the administrator can distribute the property to the beneficiaries without the need for a lengthy probate process.
What Assets Bypass Probate In Westtown Estate Administration?
Often, the personal representative named in an individual’s will is also listed as the designee in bank accounts with a transfer-on-death (TOD) or pay-on-death (POD) designation. This allows the designee direct access to the account after showing the financial facility the decedent’s death certificate without the need for the funds to pass through probate. In addition, the following assets do not require probate:
- Life insurance benefits
- Assets held in a living trust
- Up to $10,000 in wages and death benefits from a decedent’s employer, paid to their spouse
An experienced estate attorney can assist in determining if any assets in your loved one’s estate can pass directly to the beneficiary.
Call the Westtown Estate Administration & Probate Lawyers at ThePeoplesLawFirm.com
Probate is an exacting process and often leads to frustration when it’s not managed effectively. Guidance from an experienced estate administration and probate lawyer in Westtown is the best way to relieve the stress associated with probate and ensure the most efficient process for carrying out a loved one’s final wishes.
Instead of trying to work your way through this daunting task alone, contact ThePeoplesLawFirm.com to speak to an attorney about the details of your probate case in Westtown.
