What Is The Probate Process?
Settling a loved one’s estate can involve several legal steps, including probate. Whether your loved one left a will or not, some or all of the estate may need to go through this process. However, certain assets may avoid probate depending on the estate plan.
During probate, the executor pays the estate’s outstanding debts before distributing the remaining assets to the appropriate beneficiaries. A valid will typically names the heirs and details how to divide the estate. If no valid will exists, Pennsylvania’s intestate succession laws determine who inherits the estate.
Hopkins Heltzel LLP guides families throughout Jefferson, Clearfield and Elk counties through each stage of Pennsylvania probate.
How Probate Works In Pennsylvania
Pennsylvania requires estates to begin probate through the Register of Wills office for the county where the deceased lived.
The first step is submitting the original will to the Register of Wills so the office can determine whether it is valid. If the will is admitted to probate, the Register of Wills grants Letters Testamentary to the executor named in the will. Letters Testamentary are the legal documents that give the executor authority to act on behalf of the estate.
After receiving this authority, the executor is responsible for administering the estate. Depending on the circumstances, those duties may include:
- Identifying and protecting estate assets
- Notifying beneficiaries and creditors
- Paying valid debts, taxes and estate expenses
- Completing required estate filings
- Distributing the remaining assets according to the will or, if there is no valid will, Pennsylvania law
Following the required probate procedures can help the estate move forward more efficiently while ensuring the executor fulfills his or her legal responsibilities.
What Assets May Avoid Probate?
Not everything the decedent owned automatically goes through probate. Depending on how they owned certain property or whether beneficiaries were named, some assets pass directly to their heirs.
Assets that commonly avoid probate include:
- Property owned jointly with rights of survivorship: Transfers directly to the surviving owner.
- Retirement accounts: Pass directly to the named beneficiaries.
- Life insurance policies: Pass directly to the named beneficiaries.
- Bank accounts with payable-on-death (POD) designations: Transfer to the named beneficiary.
- Assets held in a trust: Transfer according to the terms of the trust rather than through probate.
Assets that pass outside probate often transfer to the beneficiary more quickly, while probate assets must go through the court-supervised administration process.
The amount of property that goes through probate can be reduced with a well-designed estate plan. Planning ahead may simplify estate administration and make it easier for loved ones to carry out your wishes.
How Does A Probate Attorney Help?
Hopkins Heltzel LLP provides a variety of estate administration services. If you have recently lost a loved one, we can assist with:
- Advising the executor in his or her duties
- Administering an estate without a will
- Settling and dividing assets to beneficiaries
- Resolving challenges to a will or trust
A probate attorney can help ensure that documents such as a will are properly followed and the named beneficiaries receive their assets. When there is no will, it is especially important to have a knowledgeable lawyer guiding you. We will work to uphold your loved one’s wishes for the estate.
Leave The Legal Matters To Us
Our team has over 60 years of combined experience helping families through difficult times. We understand that probate may not sound like a priority when you are grieving, but that is why you can entrust the process to us. We have a deep understanding of probate affairs and will handle the legal matters for you.
To discuss how we can help you and your family, please call 814-299-5496 or email us. We offer free consultations. We serve DuBois, Clearfield County, Jefferson County and Elk County.