Estates and Probate | Will Probate Attorney Montgomery County, PA
The Martin Law Firm, located in Blue Bell, PA, regularly assists Montgomery County, PA executors and personal representatives with Will probate in the Montgomery County, PA Register of Wills office. A Will probate lawyer at The Martin Law Firm can represent executors living in Norristown, Lansdale, King of Prussia, Ambler, Fort Washington, King of Prussia and the rest of Montgomery County, PA. The Martin Law Firm also regularly handles Wills, trusts and estates matters in Bucks County, Philadelphia County, Chester County, Delaware County and the rest of southeastern Pennsylvania.
What is Will probate?
Will probate in Montgomery County, Pennsylvania, is defined as "proving" a Will by submission of the Last Will and Testament of a decedent to the Montgomery County Register of Wills. The Register of Wills determines the validity of the Will and, if the Will is valid, issues a decree appointing an executor (aka personal representative) to administer the estate. The Register of Wills grants "Letters Testamentary" to the executor named in the Will, and the executor is then tasked with complying with Pennsylvania law for probate and estate administration.
Who is the executor?
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 exectutor's responsibilities in Montgomery County, PA?
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. Probate formalities include some of the following:
Does an executor or personal representative need to hire a probate attorney?
For any Montgomery County, PA Will probate matter, the executor is a fiduciary. A fiduciary is held to the highest standards of loyalty and care in the eyes of the law. As such, the executor must comply with Pennsylvania probate law; make appropriate decisions with regard to estate assets, i.e., decisions for investments, payment of taxes, sale of home, etc.; make decisions for satisfying debts; and properly handling claims against the estate. If the executor fails at complying with any of these obligations, the executor can be held personally liable. Therefore, an executor should be extremely diligent and prudent in carrying out his or her duties, and an experienced Montgomery County, PA Will probate attorney can help tremendously.
What are fees for legal representation?
Pennsylvania law dos not have express requirements for what attorneys may or may not charge, except to say that the fees must be reasonable. The Martin Law Firm offers a variety of fee arrangements to Montgomery County executors, including flat fees, hourly fees or contingency fee arrangements. During a free consultation, an attorney at The Martin Law Firm and the client can discuss together an appropriate fee prior to the commencement of attorney representation. The fees are paid by the estate, and any fees paid are deductions for PA Inheritance Tax and Estate Tax purposes.
Where is the Montgomery County Register of Wills?
The Montgomery County, PA Register of Wills is located at the Montgomery County Courthouse, at One Montgomery Plaza, 4th Floor, P.O. Box 311, Norristown, PA 19404. The Montgomery County Register of Wills can be reached by phone at 610-278-3400.
Probate and Estate Administration Attorney | Montgomery County, PA
If you are named as an executor or personal representative and you have questions regarding Montgomery County, PA Will probate, The Martin Law Firm can help. An executor's responsibilities are numerous and complicated, and they can be difficult without appropriate guidance and resources. An experienced Montgomery 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 Montgomery County, PA probate lawyer.
For more information regarding Pennsylvania Will probate and other estate matters, please visit our Pennsylvania Wills, Trusts and Estates Blog.