Legal Question in Wills and Trusts in Pennsylvania
my father recently passed away, my mother is still living, everything should/is my mothers at this point, is there any reason to obtain a short certificate at this time? The safe deposit box and bank accounts are in my fathers name. If so, how do I go about obtaining one?
2 Answers from Attorneys
Your mother should be administering your father's estate to take of any matters that are not in her sole name.
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 do not understand why you would be the one to obtain a short certificate if your mother is still alive and your parents were still married at the time of your father's death. Did your father have a will and name you as the personal representative? Short certificates are given to the personal representative of the estate for your father. Moreover, if the bank account and safe deposit are only in your father's name, then yes, the personal representative will need to be appointed in order to collect those things. It may be that there ar few estate assets and your mother or you can use the simplified procedure for small estates. In addition, those things might be use to pay your mother her spousal allowance (called different things in different states).
However, I do not know what assets or debts/claims there are against the estate. Your mother or you need(s) to consult with a probate attorney in the county/state of your father's residence at the time of his death to more specifically review the assets and debts/claims, if any, to ascertain what needs to be done.