Probate and Estate Administration Lawyers in Pennsylvania

Probate is the process of "proving" a decedent’s Will at the appropriate county Register of Wills office. If a person has died and left a Will, the Will must be validated. The named executor must swear an oath to carry out the wishes of the Will in accordance with the laws of the Commonwealth of Pennsylvania. There are very strict rules about notifying beneficiaries and creditors, so that once the estate administration is complete, no one will be able to say that he or she was entitled to something from the estate.

The entire process of Pennsylvania estate administration is not conceptually complex. The assets of the decedent need to be collected, the outstanding debts of the decedent need to be paid, any taxes levied either by the Commonwealth of Pennsylvania or the United States need to be paid, and distribution needs to be made in accordance with the wishes of the decedent if stated in a Will. If there is no Will, the decedent's assets are distributed in accordance with the statutory scheme of distribution, otherwise known as the Pennsylvania Intestacy Law.

If the decedent died leaving a Will, we say that person died "testate." If the decedent named a person to carry out the wishes of the Will, the person so named is called the executor (for a male) or the executrix (for a female). The terminology is slightly different when someone dies without a Will. If the decedent died without a Will, we say that person died "intestate." Without a Will, the decedent could not name an executor, but someone nevertheless needs to be the personal representative of the estate. That person, usually a family member, is called the administrator (for a male), or the administratrix (for a female).

Many people believe that the PA probate process is something to be avoided at all costs. Sometimes there are legitimate reasons to attempt to avoid probate, but many times the Pennsylvania probate process can save money, time, taxes, and administrative headaches. The great beauty of the estate administration process is that at the end of the process the court can approve the accounting of the executor or administrator of the estate, and can direct that the assets be distributed according to the schedule of distribution suggested by the personal representative of the estate. This final process is called an audit, and every party who has an interest in the PA estate has the opportunity to raise an objection to the proposed distribution. However, once the court has approved the accounting and schedule of distribution, no one can ever come back and argue that they should have received a payment from the estate.

People also wonder about the responsibilities and duties of an executor - what responsibilities and duties does an executor or administrator of a Pennsylvania estate have, and can an executor or administrator be personally liable for the debts of the decedent? In general, the answer is that an executor will not be personally liable for the debts of the decedent. The personal representative of the estate does have a fiduciary duty to make sure that the estate's affairs are properly handled; however, as long as the executor or administrator carries out the estate administration appropriately and in accordance with the law, the executor or administrator will not be held personally liable. Thus, another positive aspect of the probate process is to protect the executor or administrator from liability.

The death of a loved one is never an easy matter to deal with. The challenges of probating a Will, gathering up all of the assets, paying the taxes and debts, and distributing the remainder of the estate are significant. Many people simply do not have the experience, the time, and the legal knowledge to administer an estate effectively. That is why over the past thirty years, the lawyers of Wolf, Baldwin & Associates, P.C. have helped hundreds of your friends and neighbors to probate their loved ones' Wills and to administer their estates. We have experience probating Wills in Montgomery County, Berks County, and Chester County, Pennsylvania. Please consider the attorneys at Wolf, Baldwin & Associates, P.C. when you have need of legal assistance to handle these affairs appropriately. Remember, we strive for "Peace of Mind."

We would be honored if you would click here to contact us today. We will be happy to explain your rights and duties as an executor, an administrator, an estate beneficiary, or an estate creditor. Our consultations for these matters are free.

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