Legal Question in Wills and Trusts in Pennsylvania
Estate (or lack thereof) processing without a will
Hello. My mother passed away without a will. Her only assets are a car valued at approximately $2k plus $43 in her checking account. She has some debt, and I'm guessing it exceeds her assets. What steps need to be taken to sell the car? Do the proceeds need to be applied to any outstanding debt? How is the debt prioritized from a payment standpoint and can funeral expenses be applied to any proceeds from the sale of the car? Thanks.
1 Answer from Attorneys
Re: Estate (or lack thereof) processing without a will
Her closest living relative (husband, then children) must apply to the Surrogate in the County where she lived when she died, for Letters of Administration. This will allow the person appointed to sell the car and close the bank account. In cases where the debts exceed assets, and presuming that all creditors stand on equal footing (including the funeral home) and none have a priority status, the debts are usually paid pro rata. Every creditor needs to be contacted and informed there are insufficient funds to pay everyone, and consent to the pro rata payment. You imply the funeral costs might be less than the value of the car, so the remaining creditors may allow this to paid in full, and be reminded that the person arranging for the funeral may be personally responsible for any shortfall. This nis a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.