If you are in charge of managing someone’s estate, there are many tasks that you must carry out and realize their utmost importance. If you don’t have an attorney to help you, this situation could become complex very quickly. Thankfully, there are estate planning lawyers who provide services that help with closing out a case in probate, especially if any will challenges or other disputes arise. Knowing how to handle these cases is critical for making your final decision about who you hire as your legal counsel.
An attorney can help avoid problems and give you the chance to have all the facts present before you make a final decision on a case. You can only proceed with confidence when there’s a lawyer to help you with your case and look into the specifics of this case.
A Pennsylvania probate court lawyer is there to advise someone who is stepping into an administrative role managing someone else's estate or to answer an heir or beneficiary who believes that they may have grounds to challenge the existence of various estate planning documents being used in the administration process. The support of a probate court attorney in Pennsylvania is instrumental in helping both of these people to move forward their legal claims.
A probate court lawyer in Pennsylvania will answer critical questions surrounding the case, assist the person in filing the necessary paperwork, and provide details and information as the case moves through the legal system. The insight of a Pennsylvania probate court lawyer is strongly recommended for anyone who has questions and wants to avoid errors and omissions in bringing forward their claim.
Understanding the basics of Pennsylvania probate court is important for everyone, including those who are putting together their estate planning now. When a person passes away in the state of Pennsylvania, and owns assets in his or her name alone, an estate must be opened by a personal representative to manage the decedent's affairs and assets. This begins in the probate court by contacting the local register of wills and filing a petition for grant of letters.
It is strongly recommended that you contact a probate court lawyer who has extensive experience in this field to assist with the preparation of the petition since details matter significantly in the estate administration. In the event that the decedent died testate or with a will, the original will must be included along with the petition. If the will is notarized, this is known as self-proving, and if not, two witnesses otherwise must prove the decedent's signature.
Letters testamentary will be issued by the probate court or Orphan's Court in Pennsylvania after the will is probated. If a person passes away without a will, the representative must be aware of additional requirements within the Pennsylvania probate court. The register of wills is responsible for issuing letters of administration to the personal representative referred to as the as administrator. Only certain individuals are empowered to receive the letters of administration, including a surviving spouse, principal creditors of the decedent, intestate heirs, and residuary legatees under a will. Letters of administration and letters testamentary confirm that the personal representative has been appointed. The personal representative must use estate taxes to pay out the decedent’s obligations and debts, income taxes, estate taxes, and inheritance taxes. There are many different steps that must be carried out through the process of estate administration, which is why it makes sense to retain an experienced attorney who is familiar with these legal requirements and who can assist with all aspects of managing the final administration.