Estates and Probate | Probate and Estate Administration
The Martin Law Firm, located in Blue Bell, PA, handles Pennsylvania probate and estate administration matters. Our skilled probate and estate administration attorneys represent an estate's executor(s) or administrator(s), who are tasked with ensuring that the deceased person's wishes are carried out according to the decedent's Will and Pennsylvania law. Since the executor or administrator can be personally liable for his or her actions while carrying out the probate and estate administration process, it is important for them to engage an experienced attorney for representation and guidance.
Pennsylvania Probate and Estate Administration
When a person dies in Pennsylvania with assets in his sole name and without a designated beneficiary, the property instantly becomes part of the deceased person’s (decedent’s) estate. When the assets are owned by the decedent’s estate, i.e., The Estate of John Doe, a person must be appointed to serve the estate in a fiduciary capacity in order to properly transfer the assets to loved ones and to fulfill other duties as required by PA state law. This process is called probate or estate administration.
What is probate?
Probate is the process of legally establishing the validity of a Last Will and Testament before a judicial authority. The Will usually names an “Executor” or “Personal Representative” and that person is given the power to administer the estate. Administering an estate in Pennsylvania includes collecting the decedent's assets, liquidating liabilities, paying necessary taxes including the PA inheritance tax, and distributing property to the heirs.
What is estate administration?
When a person dies without a Will, the person dies “intestate”. In that case, Pennsylvania intestacy laws determine who should serve as the “Administrator” of the estate, and the Administrator must carry out the same duties as an Executor.
What assets are subject to probate or estate administration in Pennsylvania?
Probate assets can include real property, tangible personal property, or intangible property such as bank and stock accounts so long as the asset is owned solely by the decedent at the time of his death and without a designated beneficiary.
Non-probate property includes assets that are not owned solely by the decedent at the time of his or her death or assets that have a beneficiary designation. Some examples of assets that are considered non-probate property are life insurance policies with beneficiaries designated, payable-on-death bank accounts, and real property owned jointly with a right of survivorship.
I am the executor or administrator of a PA estate - do I need an attorney to help me?
Since the executor or administrator is a fiduciary, he or she is held to the highest standard of loyalty and care that the law provides. As such, it is important that the executor or administrator carry out the decedent’s intentions (if there is a Will), fulfill responsibilities toward heirs and beneficiaries, prepare and pay appropriate taxes, protect and preserve the estate, settle any claims against the estate, and complete all of the duties as required under Pennsylvania law. Experienced probate and estate administration attorneys have the knowledge and skill set necessary to sell the decedent’s house, handle Medicaid claims, capture deductions and exemptions for taxes, appraise assets, locate and distribute out-of-state assets, handle Will contests, etc.
What will my PA probate and estate administration attorney need?
Your attorney will need:
- the decedent’s original will
- death certificates
- copies of bank and brokerage statements for the month of the decedent’s death
- copies of any stock or bond certificates that the decedent may have held outside of a brokerage account
- copies of any general or limited partnership certificates or agreements
- copies of deeds and title to real property and automobiles
- copies of mortgages, mortgage notes and related amortization schedules
- copies of IRA, Keogh, pension and/or annuity plans
- life insurance policies
- past three (3) years’ State and Federal Income Tax Returns (1040s)
- copies of any Gift Tax Returns (Forms 709) which have been filed, if any
- list of all personal property the decedent owned including the estimated value
- safe deposit box number(s), location and inventory of same
- any other evidence of assets the decedent owned not otherwise noted above
Probate & Estate Administration Attorney | Blue Bell, PA
If you have comments or questions regarding how a probate and estate administration lawyer at The Martin Law Firm might be of assistance in your particular circumstance, then contact the firm’s office to schedule a free initial consultation. At The Martin Law Firm, we consider it an honor to be of assistance to you.