Probating a Will and Estate Administration

Dealing with the passing of a loved one is always devastating. On top of everything else that must be dealt with, the person’s will plays a huge role in how families and loved ones must proceed after such a loss. The estate administration process can be complicated, stressful, and time consuming. 

If you need help during this process or have questions, it is always best to get connected with an attorney that can guide you and ensure that everything is done within the current laws of your state. If you are looking for legal counsel in Cambria County, Pennsylvania, the trusted attorneys at Sutton & Lovette Law Offices are here to help you through this process. 

What Does Probate Mean?

A Probate is the legal process that takes place after someone’s death. During a “probate,” the deceased individual is referred to as the decedent. The decedent’s final will must be recognized if they have one and the necessary documents and pleadings are filed in court. An executor or legal representative is appointed to deal with the estate and make the necessary distributions. Probate secures the authority to collect the decedent’s assets and manage them until the final distributions. These assets are referred to as the decedent’s estate.

The representative that handles this is named in the will and referred to as the executor. The executor is in charge of the estate management and protecting it until distribution is complete. If the decedent made a will, the document outlines who gets what from the estate. If they did not make a will, the executor will follow Pennsylvania law to divide the estate. 

Principles to Note Regarding Pennsylvania Estate Law

• Opening an estate may be required whether the decedent dies with a will or not

• Not all assets are handled via probate, i.e. if there is an account with a listed beneficiary, the account can transfer directly without probate. 

• If assets are owned jointly, distribution can possibly be done without probate. 

Personal Representative Responsibilities

A complete understanding of the process and the state’s law is always beneficial during the probate process. Because of this, it may be wise to involve the assistance of an attorney to answer any questions you may have and guide you through. A lawyer can tell the personal representative when a probate is required. The personal representative is held responsible for acting in the best interests of both the estate and the beneficiaries. If the representative disregards the legal requirements they are held to, whether on purpose or not, there is liability that comes with that. With the help of an attorney, it can relieve the stress and pressure that comes with the title. Lawyers can help with the documents and make sure that everything is done correctly legally. 

Another responsibility that falls under the umbrella for the personal representative is deciding what assets have to go through the probate process. The executor of the will has to gather all of the assets that must be probated and provide a list to the Register of Wills in your county where the decedent lived at their time of death. Only the assets that the decedent held in their personal residence are required to go through probate. Things do not need to be probated when there is a listed beneficiary of a right of survivorship. Some things that are not required to be probated are listed below:

• Life Insurance

• Trust Assets

• Retirement Accounts

• Property that is owned jointly by the decedent and another person with right of survivorship

• Real estate held by a married couple

Necessary Documents For the Probate Process

There is a hefty amount of documentation involved during probate. The executor of the will must identify documents and provide them whenever they are requested. The executor is also responsible for securing the documents associated with the assets that must be probated. These include…

• Real Estate Titles

• Bank Statements

• Financial Details

• Documents Relating to Personal Property (Vehicles, Collectibles, etc.)

Formal notices of the court opening of probate must be given to the beneficiaries from the executor. In order to open the probate in Pennsylvania, the executor must file a petition for the grant of letters. The petition must include…

• Original Death Certificate

• Original Last Will and Testament of the Decedent

• Renunciations, if Applicable

• Witness Affidavits, if Applicable

The court process continues from there for all, including the executor, the beneficiaries, and any legal counsel or representation that has been hired. 

Probate Deadlines in Pennsylvania

There are a few important deadlines in the probate process and timeline to be aware of. First, the Register cannot grant letters of administration after 21 years from the death of the decedent, unless the court issues an order or cause is shown by the executor. The executor has three months after the grant to send written notices to people who have an interest in the estate of the administration that is to follow. The executor must file a certificate with the Register that the notice has been served within 10 days of them being sent. Any pre-payments of inheritance tab receive a 5% discount within 3 months of the date of death. Someone who seeks to challenge any probate of the will must do it within one year from the date of the court’s decree, unless the court limits the time further. The executor must file an inheritance tax return by 9 months after death. Finally, a person with interest in the estate who wants to file a petition to revoke the decree based on improper distribution must do so within one year of the decree of distribution.

Consider Bringing in Help to Handle Estate Administration

Estate administration is not always easy to handle and allows someone to manage the distribution process according to a will. This person must pay close attention to detail and use proper judgment and decision making when handling the estate. Because of the burden that this can cause on people and families, it can ease the process to involve a lawyer who is well-versed in your state’s law. If you are feeling this way and are looking for assistance, contact Sutton & Lovette Law Offices today at (814) 471-7702 or suttonandlovette@gmail.com.