Estate Administration (Probate)
A loved one has passed. First Grief. But what next?
In the aftermath of losing a loved one there is grief, confusion and frustration. Our firm will help you navigate the sometimes complex and confusing probate process by taking the lead and showing you exactly what steps to take and the order to make them. Regardless if your loved one died leaving a detailed will or none at all, you will need the advice and guidance on an experienced attorney.
The primary reason for the probate process is to distribute the assets of your loved one as he or she intended via the directions indicated in the last will and testament or if they failed to plan ahead, administer the estate intestate (without a will) according to the laws of the Commonwealth of Pennsylvania. Our experienced counsel will lead you the executor, excutrix or administrator step by step in order to comply with the transfer of the assets, payment of inheritance tax and follow the prescribed statutes as adopted by the Commonwealth of Pennsylvania.
Angelo & Angelo, LLC law offices will provide the assistance you need while honoring the wishes of your deceased loved one.
EACH CASE CAN BE DIFFERENT, BUT GENERALLY THIS IS THE PROCEDURE:
· You bring the Will and an original death certificate to your attorney and he or she will fill out the initial paperwork to get the process going. In Pennsylvania, the first step is to file a Petition for Grant of Letters or Letters of Administration (depending on if the decedent had a will or not.)
· An application for probate is filed with the Register of Wills/Orphan’s Court.
· You and your attorney will schedule a time to go to the court to have you sworn in as the executor, executrix or administrator.
· Letters Testamentary are issued.
· Rule 10.5 Notices are sent out to all named beneficiaries or persons expected to inherit.
· The executor, executrix or administrator compiles the estate’s assets which are inventoried; and if appropriate, appraised.
· Public notifications are made through the county legal journal and/or newspaper.
· Pennsylvania Inheritance Tax forms are filed and taxes paid at one of the following percents:
o 0% 0 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger;
o 4.5 percent on transfers to direct descendants and lineal heirs;
o 12 percent on transfers to siblings; and
o 15 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.
Property owned jointly between spouses is exempt from inheritance tax.
Distribution is made of remaining estate assets according to the dictates of the Will.
Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual's death. If inheritance tax is paid within three months of the decedent's death, a 5 percent discount is allowed.
The scenario above is for example purposes only and Angelo & Angelo, LLC law offices cannot guarantee that your particular case will follow the exact same steps. Every case is unique and our experienced counsel will provide you the direction you need to ensure compliance with the applicable laws.
Complex or simple we will provide you with the navigation and knowledge to represent the interests of the estate through dedicated representation in ALL Pennsylvania, counties.