Explaining the details
Probate and Estate Administration
When it comes to probate and/or opening an estate, there are terms and details to understand.
What is Probate?
Probate is a court-managed legal process that involves recognizing a will, or if there is no will, ensuring that assets are distributed according to intestacy laws.During probate, the court will appoint someone to manage the estate. If someone is named in the will, we call that person an Executor (male) or an Executrix (female). If that person who manages the estate was not named in a will, we call them the Administrator.
Not Always Required
Not all types of assets go through probate, and it is not always necessary to open an estate. For example, property owned as joint tenants with right of survivorship avoids probate and passes directly to the remaining owners. Retirement accounts that name beneficiaries pass directly to the beneficiaries outside of probate.
Opening an Estate
If an estate is opened, it will be opened in the Orphans’ Court in the county where the Decedent died, typically in the Register of Wills. (In Allegheny County, one opens an estate in the Department of Court Records.) There are a number of steps that the estate must go through to meet the Orphans’ Court requirements. These steps include, but may not be limited to: (1) petitioning the court to probate a will and open an estate; (2) providing notice to heirs; (3) advertising the estate; (4) providing an inventory of the assets; (5) paying any inheritance taxes due; and (6) preparing an account for audit or a family settlement agreement. Most of the forms to complete these steps can be found on the Pennsylvania Supreme Court website.
Typically, an executor hires a lawyer who practices in the Orphans’ Court to represent him and perform these steps. Occasionally, a savvy executor represents himself pro se. Estate administration can be a smooth and straightforward process if there is a will that meets certain legal standards, the beneficiaries under the will are cooperative, and there are enough liquid assets to pay bills, inheritance (and income) taxes, and administer the estate. If your loved one has died, I can help you determine whether to open an estate and ease your burden by handling administration of the estate.
