Once a Pennsylvania resident dies, his or her loved ones must first determine if the deceased person had executed a will. If a copy of a will is found, the original must be located, as a copy of a will cannot be probated except under extraordinary circumstances. Sometimes lawyers keep original wills; in that case, upon request, the lawyer's office must give the original will to the person named as executor in the will. It is not necessary to use that lawyer as the estate lawyer; the executor may choose his or her own lawyer as the lawyer for the estate.

Once the original will is located, the person names as executor must take the original will, together with a copy of the death certificate, a competed application for probate, and funds sufficient to pay for the filing of the application for probate. Normally, the family attorney, or the attorney selected by the executor will prepare the petition for probate and make an appointment to meet with executor at the probate office at the local county courthouse, for the executor to be sworn in, and for letters testamentary to be issued. A "short certificate," which is commonly requested by banks or other entities with whom the deceased person dealt, is a shortened copy of the letters testamentary, also issued by the local probate office, once letters testamentary have been issued.

A commonly-believed myth is that there is some delay in getting letters testamentary issued. In fact, it is an "instant" process. Once the executor has been sworn in, agreeing to uphold the law of Pennsylvania and administer the estate in accordance with the law and the wishes of the deceased, letters testamentary are available the same day. Once they have been issued the executor is able to carry on the business of the deceased, including getting access to any assets of the deceased, immediately.

One important duty of the executor is to notify all of the heirs listed in the will that the will has been offered for probate, and giving them information about the estate number and the location of the probate court. Those records are open to the public and copies may be obtained by visiting the probate office listed in the notice, requesting the file, and making copies.

If no will is found, the next of kin of the deceased may apply for letters of administration, to become an administrator, rather than "executor," of the estate of the deceased person. If there is a dispute among the next of kin as to who will function as administrator, it may be necessary to get the probate court to decide who is to be appointed administrator. Once an administrator is appointed, they function exactly as executors would function, except that instead of dividing the assets of the deceased according to the provisions of the will, they divide assets among next of kin in accordance with the law of Pennsylvania, which determines the persons entitled to distribution of the assets of the deceased, and the proportion each heir is to receive. Another commonly-believed myth is that if there is no will, the "state" will get all of the assets of the deceased. This is far from the truth; so long as there are living relatives of the deceased, his or her estate will not "go to the state."

If persons named in a will as heirs, or heirs of a deceased person who had no will, are dissatisfied with the administration of the estate, they may go to court and ask for relief, including replacing either the attorney for the estate or the executor. In some cases, they are able to obtain relief from the court including orders for the return or repayment of misappropriated funds.

Will contests relate to the question of whether the will offered for probate was in fact the last will of the decedent, or whether it was the product of undue influence by close friends or family members. Will contests are complicated court proceedings.

There are numerous papers and important deadlines for filing papers and the inheritance tax return, as heirs of deceased Pennsylvania residents must pay a tax on property they receive from the estate; in certain cases, taxes will also be due on property passing outside of the will and on gifts made by the deceased within a year of his or her death. The estate attorney can advise the executor and make arrangements to handle all of the necessary details on a timely basis. Fee arrangements with the lawyer for the estate should be made in advance, and they should be in writing.

Shah Law Group P.C. can assist family members, executors, creditors of the deceased and other persons interested in estate matters, in any and all of the above estate matters.

To set up a consultation, contact us online or call us at (412)835-3050.

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