Lansdale, PA Estate Lawyer: Common Probate Myths
Posted by Jason Martin, Esq. on Tue, Jun 07, 2011
In my experience as a Pennsylvania wills, trusts and estates attorney, I have realized that there are many popular misconceptions surrounding the legal process known as probate. I founded The Martin Law Firm in Blue Bell, PA, to assist Montgomery County residents, including Lansdale, King of Prussia, Blue Bell, Norristown and Ambler, etc. I hope that this article provides useful information for individuals involved with estate administration and probate.
Probate is the process of legally establishing the validity of a Last Will and Testament before a judicial authority. Each state has its own laws regarding probate. The probate myths I hear most regularly are that probate is lengthy, expensive and complicated – and thus, probate should be avoided at all costs.
In Pennsylvania, these characterizations are inaccurate. In some states such as Florida, probate is far more complex and expensive, and therefore estate planning attorneys may advise clients to structure their estate plan to avoid it. In Pennsylvania, however, probate is a relatively simple procedure that is accomplished rather quickly as a necessary part of the process of settling a decedent’s estate. The individual named as the executor in the decedent’s will, usually accompanied by a Pennsylvania probate lawyer, produces the will to the Register of Wills office. The Register of Wills then grants Letters Testamentary to the executor, which serves as proof of the validity of the personal representative to transact on behalf of the estate.
Avoiding probate will do very little to cause the estate to be settled faster. The time involved in the Pennsylvania estate administration process has to do with filing taxes, awaiting replies and confirmations from the Department of Revenue, the IRS and the Register of Wills, and dealing with claims of creditors of the estate. Probate does not make this process longer. Further, probate is only the first part of the Pennsylvania estate administration process. Whether an estate is subject to probate or not, much of the same work has to be done.
Pennsylvania probate is not expensive. Fees for probate are determined by the county Register of Wills and are based on the size of the estate. Some sample Montgomery County probate fees are as follows:
| Value of PA Estate |
Fee |
| Not exceeding in value of $250 |
$10.00 |
| Over $251 and not exceeding $1,000 |
$25.00 |
| Over $1,001 and not exceeding $5,000 |
$40.00 |
| Over $5,001 and not exceeding $10,000 |
$60.00 |
| Over $10,001 and not exceeding $25,000 |
$75.00 |
| Over $25,001 and not exceeding $50,000 |
$100.00 |
| Over $50,001 and not exceeding $100,000 |
$125.00 |
| Over $100,001 and not exceeding $200,000 |
$150.00 |
Much of the negative buzz surrounding probate is myth, and therefore, when developing a Pennsylvania estate plan, there's often no need to avoid probate. Learn more about Pennsylvania probate and estate administration. Call us today at 215-646-3980 for a free consultation.
Jason Martin, Esq. is an experienced PA estate planning attorney serving residents of Norristown, Lansdale, Blue Bell, King of Prussia and the rest of Montgomery County. The Martin Law Firm, located in Blue Bell, PA, also regularly assists personal representatives and executors with the Pennsylvania probate process and other estate administration matters. Contact The Martin Law Firm today for a free consultation.