ESTATES & PROBATE SERVICES
When a person
passes away, many times a Will must be recorded in the Courthouse. This
process is known as Probate. Our firm can assist you in the
probate process as well as the issues of overseeing the organization of
the deceased' s assets, payment of the decedent' s debts from assets of
the estate, distribution of remaining assets according to the
decedent's will or estate plan, and the preparation of any estate
inheritance tax return or federal estate tax return. Whatever
your situation, if someone close to you has recently passed away, you
should Contact Us to
schedule an
appointment to speak to one of our knowledgeable and understanding
estates attorneys so that you may find out all of your resulting rights
and responsibilities. In the meantime, we hope the following
will
help give you a better understanding of what is involved in the probate
process and estate administration.
I’ve
Been Name Executor of a Will. Now What?
If you have been named as
executor of a will
or appointed by a probate court to settle a family member's estate,
Shulman & Shabbick can assist in fulfilling your legal
duties. Whether your needs entail a large estate or a simple small
estate, we can help you.
Upon a person’s
death in Pennsylvania,
their will is usually filed with the probate court and its validity
determined. All property, debts, and claims of the estate are
inventoried and appraised. All valid claims of the estate are
collected, and the remainder is distributed to beneficiaries according
to the will. If there is no will, the person is said to have
died
intestate, and to probate the estate may require filing for Letters of
Administration. For those deceased persons who did make a
will in
Pennsylvania, they are deemed as being deceased testate. In
such
a circumstance, the will needs to be probated and proper procedures
followed thereafter. In probate, the person(s) in control are
called the Executor(s) or Executirix(es).
In order to probate an estate,
several legal
considerations come into play, including tranfers of all property and
the mandatory tax fees and returns that Pennsylvania and Federal Law
require. In most situations the best thing you can do is hire an
experienced legal professional to guide you through the
process.
We can help marshal assets, pay debts of the estate, liquidate a home
or business, resolve life insurance and benefit matters, distribute
assets, and file inheritance tax returns.
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What is Probate
Litigation?
Occasionally, the validity of
the will is
disputed. We represent named beneficiaries or excluded heirs
in
such will contests. Will contests can arise from claims of
undue
influence, lack of testamentary capacity, missing assets, not having a
witness. We also represent executors, personal representatives, and
other fiduciaries accused of fraud, theft, or incompetence in settling
an estate.
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What is
“Probate” and “Estate
Administration?”
Probate is the
court-supervised legal
procedure that determines the validity of your will. Estate
Administration is a term used to describe the legal process by which
property is transferred after a person's death, debts are settled, as
well as the handling of legal issues related to the collection,
management, and distribution of an estate.
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What is the
Probate Process in Pennsylvania?
When a person passes away,
their assets need
to be distributed to their heirs, their debts need to be paid, and any
loose ends need to be looked after. Obviously, the deceased person
can’t sign the deeds, write the checks, or handle their
business
affairs after they have passed. Instead, an estate is created for the
purpose of carrying out those duties. The probate process is a long,
cumbersome, complicated, and bureaucratic nightmare for most families.
Each estate is different, and requires different actions.
Generally, though, the settling of an estate can be broken down into
five basic steps:
1. Recording
the Will & Gathering Materials
The original signed will must be
submitted to the
court, along with a filing fee, to begin the probate process. The
probate court will then approve or appoint someone to handle the
affairs of the estate - an executor, administrator or personal
representative, depending whether the decedent dies with or without a
will.
2. Publishing
Notice to Creditors
The decedent’s creditors must
then be
notified so that they can present their claims to the court for
payment. This requires the time-consuming task of cataloging all of the
decedent’s liabilities.
3.
Inventory & Appraise Assets
During probate, all of the assets in
the estate must be inventoried and appraised.
4. Payment of
Debts, Claims, & Taxes
The decedent’s debts must be
paid. Legal and other claims must
also be resolved. Some estates may also have tax liability and they
must stay open until those taxes are paid.
5. Final
Distribution & the Closing of the Estate
Finally, after all debts, claims,
taxes,
attorney’s fees, the personal representative’s
compensation, and any other miscellaneous expenses are paid, an
accounting of everything that has taken place in the estate must be
done.
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Probate
- American Bar Association Division of Public Education
http://www.abanet.org/publiced/practical/probate.html
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"Lawyers Who
Listen. Lawyers Who Care."
