Legal Question in Wills and Trusts in Pennsylvania

An "estate" for a deceased person consists of everything they own that is a probate asset. Non-probate assets are things like life insurance or IRAs. Those assets are paid directly to a named beneficiary. If no beneficiary is named then the proceeds are paid to the personal representative to distribute to the heirs named in the will or the heirs under the intestacy laws.

Probate assets can be land or anything else. However, this all has to be valued and any claims against the estate paid by the personal representative. Final tax returns have to be filed as well. After all of this, the personal representative will distribute what is left as per the will or as per the intestacy laws to the heirs. Things like personal items usually have sentimental rather than monetary value and these things might be distributed sooner. However, cars and land and other valuable property should not be distributed before the claims period ends.

If there is enough money in the estate, then all claims are paid and what is left gets distributed as I noted. Nothing has to be sold unless the will provides for it.

If there is not enough money to pay any claims, claims are paid in order of priority as per state law. In such case, land or other valuable personal property like cars must be sold to raise the needed cash. After the money runs out, that is it - the heirs don't get anything.

To answer your question, you will have to read the will to see what it says and if any property is directed to be sold and who is to receive any property. You will also have to know what assets are probate or non-probate assets. If you are the beneficiary of a non-probate asset, it will go directly to you. Otherwise, you will have to wait until all claims come in and are paid and approval of the tax returns is given by the IRS or state department of revenue.

The reason why distribution must wait is that the personal representative does not want to be personally liable for making a distribution prematurely or be in the position of having to ask for a return of the funds or property.