Legal Question in Wills and Trusts in Pennsylvania
our father has just passed and we need to know if we have to probate.It is my sister and I and a breif will he had left. He owes credit cards and judgments against him.His house he had went through a reverse mortgage that reverts back to the mortgage company.The rest of his property is furniture personal things.What must we now legally do?
1 Answer from Attorneys
What would the personal property be valued at? If it is a car or possibly a valuable collection or antique equipment, then you probably need to probate an estate. If it is only clothes and household furnishings, then probably not.
I assume your father lived in Pennsylvania. Whomever is appointed as executor in the will should take the will to an attorney and specifically determine if the amount of the probate estate justifies probate in your case. If it does, see if the amount is small enoough to qualfy for summary administration for small estates (it was about $10,000 in PA but may have increased).
You will have to give formal notice to the creditors if you do either of these procedures. If there is simply nothing to justify probate, then have whomever is named as executor write a letter and mail it by certified mail to each of the creditors and the judgment holders along with a copy of your father's death certificate. Advise that your father is deceased and owned no appreciable assets and explain that probate is not justified so you will not be opening an estate. As long as neither your sister nor you agreed to be personally responsible, then your are not personally liable for these debts so do not pay these credit card and other bills.