Legal Question in Wills and Trusts in Pennsylvania

My father recently passed away. I am one of three executors. My two siblings are signing off as it is easier with one executor - but have not done this to date. I have the form for them to do this and I am assuming we all have to go to the court house to have this done. Also, I went to the bank to ask questions about automatic withdrawals from his checking and about setting up an estate. The bank said I needed a short certificate from the court house. I went to the court house to register the will and they said I needed the estate set up first. It is like a catch 22. What are the steps to registering the will and setting up the estate at the bank.


Asked on 7/28/10, 3:33 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If your siblings have agreed to not act as executors and to let you act as the sole executor, they should sign a form called a renunciation. The Register of Wills can provide you with the form, and your siblings should sign it at the office of the Register of Wills, or if they cannot go there, in the presence of a notary public who should complete the acknowledgment part of the form.

You then take those original notarized renunciations, the original will and an original death certificate to the Register and you will be assisted in completing the other forms to appoint you as the executor. Be sure to ask for several copies of the short certificate at this time.

Once that is done, and your appointment (Letters Testamentary) has been issued, you will also get the short certificates. Presenting an original "short" (that is why you may need several issued) to the bank will authorize it to close your father's bank accounts and open a new account for the estate.

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.

Read more
Answered on 8/02/10, 11:45 am

My condolences for your loss. Assuming that your father resided in Pennsylvania, then what Attorney Jacobson told you is correct. I do not know what assets are in the estate and whether you can get a short certificate or if you need to go through probate. By your question, I can see that you are confused. I suggest that before you toodle off to the Register of Wills, that you contact a probate attorney in the county/state where your father resided at the time of his death. The attorney is paid out of estate funds and the fees usually depend on the size and complexity if the estate and wilol be allowed if they are not clearly unreasonable. He or she willbe better able to review the facts, will have the forms that need to be filed and will be abloe to shepard the case through the maze of legal proceedings.

Read more
Answered on 8/03/10, 2:45 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania