Legal Question in Wills and Trusts in Pennsylvania
Thank you for your answer, my aunt did not have a surviving spouse or childrens or siblings, however, she did have a will which names my husband & myself as executors. The amount in the bank account is less than $10,000.00. She did have a life insurance policy which I am the benefactor. Is the cost of a short certificate expensive. By the way we were taking care of the aunt at the time of the death. Again thank you.
2 Answers from Attorneys
The way to get a short certificate is to probate her will. Take it to the Register of Wills of the county where she resided. In your petition for probate, request a few duplicate originals of the short certificate. After you have been officially appointed the executors, you will be able to get the short certificates.
The Office of the Register of Wills often assists people in probating the will. It does not give legal advice, but can direct you to the forms and how to complete them, and explain what you need to bring in order to be appointed. It will also tell you the cost or probating the will and getting the short certificates.
PA provides for a so-called "simple" estate administration for small estates, but it is generally easier and not costly to just go through normal probate.
The funds in the bank account will probably all have to go toward estate expenses and paying debts. Inheritance tax must also be paid. You are not required to pay such expenses out of your own funds, although you may be responsible for any assets you inherit.
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.
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The cost of a short certificate is about $10. However, there may be other fees for probate. Since you are the beneficiary of the life insurance, you need to contact the insurance company and submit a claim for the benefits. These funds will come to you and are not part of the probate estate.