Legal Question in Wills and Trusts in Pennsylvania

Would you advertise probate in the PA county where the decedent lived, or the PA county where the executor was sworn in. The decedent does not own any real estate. Her only asset was a checking account maintained in the county where the executor lived. He previously was her POA.


Asked on 2/07/12, 9:27 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Probate has to take place in the county where the decedent resided at time of death. It doesn't matter whether or where she had assets.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/07/12, 12:44 pm
Miriam Jacobson Retired from practice of law

Sorry about not addressing the advertising question: Yes, it must also be done in the county where she resided. The purpose is to notify all creditors to come forward and make claims, if they have any. Creditors would generally be looking for a debtor where s/he resides.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 2/07/12, 12:46 pm


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