In Pennsylvania, probate is the legal process that occurs after a person dies, regardless of whether the person has a valid will or not. Experienced probate attorneys in West Chester, PA can help guide you through the process and make a difficult time easier after the loss of a loved one. These six things will help you better understand what is involved in the probate process. 1. Pennsylvania offers a simplified probate process for small estates. Small estates are defined as estates that contain no more than $50,000 in assets. Generally, only assets that the deceased person owned solely in his or her name go through probate.The executor of the estate must file a request with the local probate court (sometimes known as orphans’ court) asking to use the simplified procedure. 2. Larger estates must conduct a formal probate proceeding. The executor of a will must file the will with the Register of Wills in the county in which the deceased person lived. If there is no will, an adult child or surviving spouse usually steps forward to serve as a personal representative of the estate. The executor also files a petition for probate, asking the local probate court to open a probate case. Experienced probate attorneys can accompany you to the Register of Wills office to ensure that the required documentation is filed, fees are paid and all legal bases are covered. 3. The executor must publish a legal notice in local newspapers. Pennsylvania law requires that the naming of the executor and administration of the estate be advertised once a week for three weeks in a general circulation newspaper and in the legal newspaper of the county of the deceased’s residence. This gives public notice that probate is beginning.It is important to have a knowledgeable probate lawyer help you with this step so the announcement is thorough and claims from debtors can be avoided after probate is closed. 4. Pennsylvania imposes an inheritance tax. Excluding the surviving spouse or a charity,anyone who inherits from the deceased must pay Pennsylvania inheritance tax and file a PA inheritance tax return within nine months. There is a five percent discount for paying the inheritance tax within three months. 5. The personal representative must inventory assets and pay debts and taxes before distributing the remainder of the estate. The personal representative must produce a final account of what the estate contained, how the assets have been managed, and present a plan for distributing remaining assets to beneficiaries. It is common for beneficiaries to approve the final accounting by signing a family settlement agreement. This document is an important tool that protects the executor’s liability, and must be prepared by an attorney well versed in Estate Planning. 6. An executor can be held personally liable for inaccuracies or omissions in administering an estate Being the executor of an estate is an obligation that requires commitment and accountability. Poor accounting and delays often result in legal disputes and family squabbling. Seeking the assistance of qualified probate lawyers can help you make sure the process is completed correctly and efficiently. A probate attorney will also make sure the estate is closed once all required steps have been completed. Carrying out your loved one’s wishes is the ultimate goal of executing a will. With experienced probate lawyers at your side, the process can be streamlined, allowing you to devote more attention to your family so you can all enjoy happy memories of your loved one in the years to come.
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