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Documents Submitted With Initial Filing of Probate

Certain materials must be included any time that a personal representative is opening probate. The court will not accept the official filing in Pennsylvania if the personal rep has not done his or her job.

Unfortunately, there are many different pitfalls that can occur when a person opens probate in Pennsylvania, and careful consideration must be given to the many mistakes that could emerge and leave a representative facing personal liability issues.

Pennsylvania probate statutes are in place to provide clarity about the process and what interested parties like beneficiaries can do or need to do when a problem emerges. If this applies to your case, the right legal advice is needed for you to achieve results when bringing a claim to court based on alleged malfeasance.

A Pennsylvania documents submitted with initial filing of probate attorney is there to advise you about the various processes required in closing out an estate. The personal representative or the counsel who has been appointed on behalf of the personal representative needs to submit numerous different materials to initiate an estate administration.

There is no doubt that a document submitted with initial filing lawyer in Pennsylvania can assist with this complicated task and ensure that all details have been addressed. The following different documents must be submitted officially through Pennsylvania courts in order to trigger an estate administration beginning. These include:

  • Filing fees, which vary by county.
  • The estate information sheet, and bear in mind that many but not all counties require this.
  • A petition for grant of letters.
  • The bond. If bond is not waived or if there is intestacy, then the personal representative has to post a bond.
  • Renunciations. These must be included with initial probate documents.
  • Death certificate. An original death certificate is required to initiate probate administration in Pennsylvania.
  • The original will and codicils. If the person passed with a will, the register permanently retains any codicils and the original will.
  • Witness affidavits. Pennsylvania does not require subscribing witnesses to probate even if the will is non-holographic. If there is no self-proving affidavit, however, the will has to be proved by the oath of two competent witnesses as outlined under 20 Pa. C. S. 3132 and 3132.1. Non-holographic wills are outlined under Pennsylvania probate procedures 20 Pa. C. S. 3132.

Understanding the complexities associated with Pennsylvania's probate procedures often requires that an attorney be hired on behalf of the person who is managing the estate. A personal representative or executor of an estate has numerous different responsibilities and mistakes made in this avenue could also expose that person to individual liability. In many cases, it is advisable to try to minimize the liability as much as possible by retaining an attorney who has a track record of practicing and assisting with a document submitted with initial filing. The organization of the documents submitted with initial filing needs to be managed as soon as possible after the person passes away.

An individual who had an organized estate can make things much easier for all parties involved, however, the person serving in the role of personal representative must be prepared to take action quickly and to continue to keep materials organized and presented appropriately to the court. Mistakes made could slow down the probate procedures and also lead to conflicts with beneficiaries. This is a leading reason why people in this position choose to retain an attorney who is highly knowledgeable about the various responsibilities associated with such a role and one who can help through the entirety of the process.

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