Legal Question in Wills and Trusts in Pennsylvania

Condolences on your loss.

Even if you become her estate's personal representative, you will not be personally responsible for her debts, unless she was a minor. You may be appointed Personal Representative by presenting an original death certificate at the office of the Register of Wills for the County where she resided at the time of her death. The staff there will assist you with the paperwork. When the Letters of Administration (usually issued ten days or so after you apply) are available, you may present them to the police department that is holding her phone and ask for it to be released to you.

You will also receive a package of instructions for administering the estate. To get further guidance, consult with an estates lawyer in that county.

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.

I agree with Attorney Jacobson. Getting appointed as the personal representative of your daughter's estate in no way obligates you to be personally liable for her debts. The document appointing you will be enough to retrieve the phone from the police and any other personal effects in their custody. Any debts are paid out of your daughter's estate and if there is insufficient money to pay claims then they are paid in a specific order of priority. I suggest you consult with a probate attorney who practices in the county where the estate for your daughter will be set up or where she lived at just prior to her death. It is difficult enough to lose one's child and you will need help navigating the court process.