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Types of Estate Proceedings

A types of estate proceedings attorney in Pennsylvania will advise you about how the various statutes influence how an estate can move through being closed out. A types of estate proceedings attorney in Pennsylvania will know the different types of probate or other types of processes that allow for a decedent's assets to be transferred at death. A Pennsylvania types of probate proceedings lawyer should be contacted as soon as possible after a person has passed away in order to have better clarification about what to do next. There are four primary types of estate administrations in the state of Pennsylvania as outlined under the statutes.

The different types of estate proceedings should always be well understood by a person who is named as a successor personal representative or the original personal representative. Most estate proceedings are carried out in a traditional sense because of the size of the estate. This is true even when the person has a lot of assets inside the estate or when estate planning has been done. Your lawyer is the person who can help you with putting together the information needed for a full probate administration. While most situations do not require that a lawyer be engaged in the probate administration process, it’s a good idea to retain one anyways so that mistakes and problems can be avoided from the outset of the proceedings.

These are known as settlement of small estate on petition, grant of letters, ancillary probate or administration and temporary fiduciary administration. A settlement of small estate on petition is outlined under 20 Pa. C.S. 3102 and is an abbreviated proceeding that may be used for particular estates with a gross value under $50,000. This proceeding can be triggered whether or not the decedent passed away with or without a will.

Grant of letters is a full and traditional probate administration proceeding in which a decedent passes away with or without a will and serves multiple different purposes including filing bond if required, admitting the will to the probate process, if applicable, court oversight of the estate administration process from beginning to end under 20 Pa. C. S. 20101 through 20110, 3131 through 3175, and 3301 to 3332. Grant of letters is the most common estate proceeding and can be especially complex for someone who hasn't encountered it before. This proceeding might be referred to as a grant of letters of administration if the decedent passes away without a will. If the decedent does pass away with a valid will, the proceeding is referred to as grant of letters testamentary.

Ancillary administration or probate is used to administer Pennsylvania property that was owned by a non-domiciliary person under 20 Pa. C. S. 3136 and 4101 through 4121. When ancillary probate requires a decedent to create a will, ancillary administration doesn’t. Finally, the last type of probate administration outlined under Pennsylvania statutes is temporary fiduciary administration. This is exercised to appoint a personal representative in a temporary nature when the previously appointed person has a conflict of interest is currently engaged in military service or in any other situation in which the appointed personal representative is not able to function in the best interests of the estate.

Pennsylvania allows for payments that can be made to financial institutions, employers, insurance companies or the estate treasurer directly. For certain family members as well as payments from a patient's care funds, you need a licensed funeral director. Schedule a consultation with a knowledgeable types of probate lawyer immediately to get further clarification on what will affect your loved one's estate.

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