Estates and Probate | Delaware County, PA Will Probate Attorney
The Martin Law Firm is a Delaware County, Pennsylvania Will probate law firm. The Martin Law Firm regularly assists executors and administrators with Will probate and estate administration in the Delaware County, PA Register of Wills. The Martin Law Firm’s experienced Will probate attorney represents executors in Will probate matters living in Broomall, Chester, Lansdowne, Media, Springfield, Swarthmore, and the rest of Delaware County, PA.
Will Probate in Delaware County, PA
The Delaware County Register of Wills is responsible for Will probate and processing intestate estates. The Delaware County, PA Register of Wills is located at the Delaware County Government Center, at 201 W. Front Street, Media, PA 19063. The Delaware County Register of Wills may be reached by phone at 610-891-4400.
Will probate is "proving" a Will by submission to the Delaware County Register of Wills. The Register of Wills determines the Will's validity and issues a decree appointing a personal representative or executor to administer the estate of the decedent. The Delaware County Register of Wills will then grant Letters Testamentary to the executor, which empowers the executor to handle the affairs of the estate, including gathering assets, selling the decedent's home, paying expenses, settling the decedent's liabilities, payment of taxes and so on.
The role of the Delaware County Register of Wills in the Will probate process is significant. The Register of Wills office must ensure that the executor or administrator complies with all applicable Pennsylvania estate laws. The Delaware County Register of Wills also serves as an agent for the Commonwealth of Pennsylvania in the collection of state inheritance taxes.
Who is the executor of a Will?
An executor, also known as a personal representative, is usually named in the Will. Typically, the executor is a close family member of the decedent.
What are the executor's responsibilities?
Generally, the executor must follow the terms in the Will and make distribution to the beneficiaries only after the probate formalities are followed and all debts and expenses of the estate are satisfied. Pennsylvania probate formalities include some of the following:
Does an executor or personal representative need to hire an attorney?
For any Delaware County, PA Will probate matter, the executor is a fiduciary, meaning that he or she is held to the highest standards of loyalty and care under the law. A Delaware County executor must comply with Pennsylvania probate law and carry out the decedent's intentions as expressed in the Will. If the executor fails at complying with any of these obligations, the executor can be held personally liable. As such, an executor should be extremely diligent and prudent in carrying out his or her duties, and an experienced Delaware County, PA Will probate attorney can help.
What are the fees for legal representation?
Pennsylvania law does not have express requirements for what attorneys may or may not charge for Will probate, except to say that the fees must be reasonable. The Martin Law Firm offers a variety of fee arrangements to executors including flat fees, hourly fees or contingency fee arrangements. During your free initial consultation, you and an experienced Will probate attorney at The Martin Law Firm can discuss an appropriate fee prior to the commencement of attorney representation. The fees are paid by the estate, and fees are deductible for inheritance tax and estate tax purposes.
Contact a Will Probate Lawyer | Delaware County, PA
If you are named as an executor or personal representative and you have questions regarding Delaware County, PA Will probate, The Martin Law Firm can help. An executor’s responsibilities are numerous, complicated, and can be difficult without appropriate guidance and resources. An experienced Delaware County, PA probate attorney can help ease the burden associated with Will probate and estate administration. Contact The Martin Law Firm today to schedule a free consultation with an experienced Delaware County, PA probate lawyer.