Pennsylvania Probate - Probate in Pennsylvania
If you are currently in a situation where you’ll be dealing with the Pennsylvania state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Pennsylvania probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in Pennsylvania
There are some important things that you need to be clear on, with respect to the Pennsylvania state probate process. First off, you will need to recognize the importance of understanding how the procedure works. If you don’t understand how the procedure works, it will be very difficult for you to move from one task to the next, given that you won’t be able to anticipate future actions. People who don’t know about the Pennsylvania state probate code often hire attorneys to help them, so that their matters can be handled appropriately.
It is also important for you to understand what an intestate estate is. When dealing with the probate process, you are going to need to understand various aspect and terms, which you probably don’t have to deal with very often in your life. It will be beneficial for you to know about the right of election, which is reserved for the surviving spouse. People who don’t know about these kinds of things, and who attempt to get through the Pennsylvania probate system on their own, usually end up facing irresolvable problems that could have been avoided, had an attorney been hired.
You will also need to know how long the state allows letters of administration to be issued. This information is extremely important for anyone dealing with the probate system. People who try to get through the system on their own run the risk of mishandling their matters.
There are two main factors that you are going to want to take into consideration, with respect to the importance of understanding Pennsylvania state probate procedures. The first factor has to do with the formal nature of all writing that takes place in the process. People who do not have experience reading and writing formal, legal documents often have a great difficulty in this. Due to the specific guidelines set by the state, it is necessary to write these documents in a precise manner, in order to avoid lengthy and costly delays.
The second factor related to the Pennsylvania state probate process, has to do with the time limitations that the state places on a number of the procedures and documents that are required for all probate procedures. It is common for people to hire attorneys in Pennsylvania in order to handle these deadlines that are often difficult to meet, when trying to take care of matters on your own. When deadlines are not met, you’ll have to repeat procedures and most likely resubmit documents, as decided by the court.
You will want to make sure that you know how an intestate estate is handled in Pennsylvania. “Intestate” refers to someone who dies without a will. Any part of the estate, or even the whole estate, which is not accounted for in a last will or testimony is to be delivered to the heirs of the decedent, as described in the Pennsylvania state statutes.
It’s also noteworthy that a will can limit or exclude the distribution of property to the heirs of the decedent. In matters like these, you will benefit from the presence and guidance of a probate lawyer, given their extensive knowledge and experience in the field.
The right of election reserved for the surviving spouse of the decedent is also important to understand in order to gain an overall picture of the Pennsylvania probate process. The spouse is entitled to the entire estate or any part of it, when the decedent dies intestate. This is considerably important, given that it could determine the overall delivery of the decedent’s estate. In the case of a minor spouse, the spouse’s guardian or attorney can only carry out the right of election.
You also should know that in Pennsylvania, when 21 years have passed after the time of the decedent’s death, administration for the probate of the estate will not be granted except in the case where it is ordered by the probate court. This is particularly important for people who are trying to probate an estate, when the decedent has been dead for more than 21 years.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Pennsylvania probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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Pennsylvania Probate Lawyer Areas Served
Pennsylvania Cities Served By A 1800 Probate Lawyer
| Philadelphia | Pittsburgh | Allentown |
| Erie | Upper Darby | Reading |
| Scranton | Bethlehem City | Lower Merion |
| Bensalem | Lancaster | Abington |
| Bristol | Levittown | Millcreek |
| Altoona | Harrisburg | Haverford |
| Penn Hills | Lower Paxton | Middletown |
| Wilkes-Barre | York | Hempfield |
| Northampton | State College | Cheltenham |
| Chester | Falls | Manheim |
| Bethel Park | Mount Lebanon | Lower Makefield |
| Ross Township | Warminster | Norristown |
| Radnor Township | Ridley | Williamsport |
| Shaler Township | Drexel Hill | Monroeville |
| North Huntingdon | Tredyffrin | McCandless Township |
| Plum | Upper Merion | Back Mountain |
| New Castle | Easton | |
| And Many More! | ||
|---|---|---|
Pennsylvania Counties Served By A 1800 Probate Lawyer
| Adams County | Allegheny County | Armstrong County |
| Beaver County | Bedford County | Berks County |
| Blair County | Bradford County | Bucks County |
| Butler County | Cambria County | Cameron County |
| Carbon County | Centre County | Chester County |
| Clarion County | Clearfield County | Clinton County |
| Columbia County | Crawford County | Cumberland County |
| Dauphin County | Delaware County | Elk County |
| Erie County | Fayette County | Forest County |
| Franklin County | Fulton County | Greene County |
| Huntingdon County | Indiana County | Jefferson County |
| Juniata County | Lackawanna County | Lancaster County |
| Lawrence County | Lebanon County | Lehigh County |
| Luzerne County | Lycoming County | McKean County |
| Mercer County | Mifflin County | Monroe County |
| Montgomery County | Montour County | Northampton County |
| Northumberland County | Perry County | Philadelphia County |
| Pike County | Potter County | Schuylkill County |
| Snyder County | Somerset County | Sullivan County |
| Susquehanna County | Tioga County | Union County |
| Venango County | Warren County | Washington County |
| Wayne County | Westmoreland County | Wyoming County |
| York County |
