Need Help With A Probate Or Estate Administration in Pennsylvania?
Probate is the process by which a deceased person’s estate (his or her property, money and other assets) is distributed to appropriate parties, such as the decedent’s heirs. In Pennsylvania, probate can be fairly simple or quite complex, depending on the value of the estate, the types of assets in the case, and whether there are significant debts to be resolved.
How We Can Our Law Firm Help
At Rowe Law Offices, P.C., our estate administration attorneys can handle the estate for you. We will work closely with the executor/executrix/administrator of the estate to gather assets, minimize payment of debt, and save as much in taxes as possible. With decades of combined legal experience, our lawyers understand how to guide you through the process as effectively and efficiently as possible.
The deceased’s personal representative (also called an executor or administrator) must file the will and a “petition for probate” at the Register of Wills. Working in conjunction with the personal representative, after we gather the estate’s assets, pay any debts and pay the inheritance tax (if applicable), then we can distribute the assets to the heirs to carry out the wishes of the decedent.
Frequently Asked Questions About Estate Administration And Probate
The estate administration and probate process can be confusing. Our attorneys at Rowe Law Offices, P.C., can help answer any questions you may have. Here are answers to our frequently asked questions:
What are the steps involved in the probate process?
Assuming there is a will, the process typically initially begins by filing and validating the will with the probate court. If the will is valid, the probate process begins. The executor of the estate and the probate court are then responsible for identifying assets and debts. The executor is typically responsible for settling debts and taxes against the estate. Toward the end of the probate process, the estate is settled by distributing any remaining assets to beneficiaries identified in the will.
How long does probate take?
The probate process can take several months to a year, depending on the complexity of the estate and several other factors. Larger estates that include real estate, complex investments or business assets may prolong the probate process. Real estate can take longer to locate, identify ownership and decide how it is distributed. Additionally, if a will is disputed, the legal process can delay the probate process until the dispute is settled.
The time it takes to settle an estate may also be relative to whether there was a valid will. If there is no valid will, the estate will go through the intestacy process, which can also become time-consuming.
Do all estates go through probate?
No. There are some exceptions to the probate rule for small estates without any assets or where all the assets already have designated beneficiaries and can be passed directly to those persons. For example, certain assets that are jointly owned by a surviving spouse may not need to pass through probate. Another way to avoid probate is by placing assets in a trust. Certain trusts allow assets to be distributed directly to beneficiaries.
In general, the probate process is necessary to properly transfer ownership of certain assets from the decedent’s name to the beneficiary’s name. If you wish your estate to bypass the probate process, an attorney can help you identify the best way to do so.
Discuss Your Probate And Administration Options
To schedule a free consultation today, call Rowe Law Offices, P.C., at 610-816-0935 or 866-232-1913, or send us an email.
If you do not have a will or an estate plan of your own, learn why you may want to draft one now rather than later.