Legal Question in Wills and Trusts in Pennsylvania

If someone dies in November and had a valid will and no one is contesting it but the bank did not file all the paperwork until January, do we have to wait until the following January to settle the estate? If so, would it be because of tax reasons?


Asked on 6/11/10, 5:50 am

1 Answer from Attorneys

Why is the bank doing anything? Are they the personal representative? I don't know what assets are in the estate. Yes, the IRS and state authorities do have to approve the taxes. There also has to be notice put in the newspaper and set forth the time for any claimants to come forward. While a will contest can complicate things, this is not the only reason. You need to talk to the personal representative, but handling an estate can be complicated, depending on the assets, their value and the number of heirs. The Orphans' Court must also approve the final accounting of the estate. Estates typically can be resolved in about a year. Distributions can be made in advance, but the personal representative is at risk if the taxing authorities want added funds. No personal representative wants to be in the position of asking the beneficiaries to return money. A bank as personal representative may be even more cautious. Also, the bank may want to hold to the money as long as possible to generate fees for itself. As I said, talk to the personal representative. If there is still a long delay and things do not seem to be progressing as they should, then consider getting an attorney who can seek removal of the personal representative for not doing their job.

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Answered on 6/11/10, 12:01 pm


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