Entitled to Receive Notice
Understanding who is entitled to receive notice attorney in Pennsylvania probate procedures is important. Beneficiaries need to be aware that a who is entitled to receive notice probate lawyer in Pennsylvania will understand the various facets of closing out an estate and the common challenges experienced.
You might want to be involved in the probate of a certain person’s estate, but you must meet legal grounds in order to be approved. Likewise, just because you are interested in the outcome of a certain person’s estate doesn’t mean that you will automatically receive notice that it has occurred already because the rep has opened the file for probate.
Most people who assume they will receive a letter or some other kind of formal notice will find out another way, particularly if they hear through the family or the newspaper that the estate has been opened. Don’t count on getting direct notice from the personal representative, however, unless you’re one of the people outlined below. You cannot try to hold a personal representative responsible for any of these issues if you don’t meet the grounds to receive notice, so you should talk with your attorney first to figure out whether you do have standing and how to go forward. As with all probate administration issues, an attorney’s advice is extremely valuable for each phase of this process.
A personal representative has numerous different roles that all important in handling the administration of an estate. Either the personal representative or the legal counsel for the personal representative have to give notice with three months of appointment to each individual entitled to inherit under the laws of distribution and descent. This is true if the decedent died intestate as outlined under Pennsylvania probate statutes 20 Pa. C.S. 2101 through 2108 and Pa. O.C. rule 10.5. However, the circumstances are slightly different if the decedent passed away testate. The personal representative or the legal counsel on behalf of the personal representative has to give notice to particular individuals and parties including;
- Every beneficiary officially outlined in the will
- The decedent’s children and spouse, regardless of whether or not they have been named as parties in the will.
- The trustees serving for any trust beneficiaries.
- An attorney general for any beneficiary that is a charity for which the interest inside the estate exceeds $25,000 or in cases in which the charitable beneficiary is not to be paid in full as outlined under Pa. O.C. rule 4.4 and the PA Courts notice of charitable gift probate statutes.
If the decedents have received government health benefits such as Medicaid, the personal representative further has to provide additional notice to the Pennsylvania Department of Revenue. Any beneficiary to a minor's appointed guardian or parent or a minor heir must be given notice by the personal representative or the personal representative's legal counsel. This is outlined under Pennsylvania probate statute Pa. O.C. Rule 10.5 (4). The personal representative's legal counsel or the personal representative directly has to file a certification of notice with the register no later than 10 days after giving the notice. In certain counties, this filing can be made electronically as outlined under Pennsylvania probate statutes Pa. O.C. rule 10.5. In addition to giving notice to certain individuals as outlined above, the personal representative has to also advertise the grant of letters in at least one newspaper near the decedent’s residence and in the legal newspaper designated by local rules for publication of notice.
This must be published for three consecutive weeks and published at least once a week as outlined under 20 Pa. C.S. 3162 (a).