The short answer to this question is yes. Regardless of whether the deceased has a will or not, most estates must go through probate in Pennsylvania. Although the process is much less expensive and complicated in Pennsylvania than it is in many other states, it is vital to contact experienced probate attorneys who will guide you through the process during this difficult time. What is Probate? Probate is the process used to ensure someone’s assets are passed on according to the terms of their Will. When a Pennsylvania resident dies, their property and assets are subject to probate laws that dictate distribution of the estate. There are many factors involved in the probate system, including: estate value and size, debts owed, and number and type of heirs. A probate attorney will review the Will and other pertinent documents and determine which assets need to be probated. Usually he or she can provide a rough estimate of the size of the probate estate and the Pennsylvania and federal inheritance tax due. The attorney will also accompany the executor to the Register of Wills office in the county where the deceased passed away. Seeking the assistance of a law firm that understands the processcan help you make sure it is completed correctly and efficiently, and ensure that the estate is properly closed once all required steps have been completed. Pennsylvania also offers a simplified probate process for small estates. Small estates are defined as estates that contain no more than $50,000 in assets. 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. Living Trusts In order to avoid probate, sometimes a person will use a Living Trust in place of a Will. A Living Trust still requires a process called trust administration. It involves many of the same procedural requirements and tax liabilities as the probate process. Probate is likely unnecessary if all assets are in the Trust, with none passing through the Will. Jointly held assets, or any asset with a specific beneficiary such as an IRA, 401(k), or life insurance can be automatically distributed and skip the probate process. If the deceased has a Will with assets in their name only, their estate must go through probate to carry out the terms of their Will. Consulting with qualified lawyers for wills and estates can help you determine which options are right for the legacy you want to leave behind. Your attorneys can help you create items such as:
Our experienced lawyers in Delaware County, PA can provide skilled counsel and representation to assist your loved ones with disputes that may arise and help to streamline the probate process, allowing them to enjoy your legacy and joyful memories in the years to come.
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