Legal Question in Wills and Trusts in Pennsylvania
My great grandfather passed away 10 years ago and recently I discovered he has unclaimed property. The only way for me to claim the property is if I have a short certificate. He did have a will although I'm not certain if it was probated or not.
If I was NOT listed as an executor or administrator of his will am I able to obtain a short certificate to claim the unclaimed property? As I already said, he passed away 10 years ago.
2 Answers from Attorneys
Short certificates are issued by the Register of Wills when someone has applied for appointment as the personal representative of the estate of a deceased. This is true whether or not there is a will. You may check with the Register of Wills' office in the county where your great grandfather resided to find out if the estate was opened.
Any unclaimed money of your great grandfather would go according to his will or the intestate succession law. It would not just be yours to claim. It would go first to pay any unpaid taxes and debts of your great grandfather, then it would be distributed as required. There are probably other heirs in line before you. If they have died since your great grandfather died, their heirs' shares of your great grandfather's estate would go to them, and their estates would have to probated and administered.
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.
You indicate your great grandfather had a will. If he had a will, then his estate should have been probated. Court records are public records and you can check with the probate court of the county/state where your great-grandfather resided at the time of his death. If his estate was probated, then these funds should have been handled along with his estate. However, if they were not, then perhaps his executor is still alive and can claim the funds on behalf of the estate if he or she-reopens the estate. Moreover, you would have to review the will to see who would be entitled to receive the funds. It may be that the beneficiaries of your great-grandfather can claim the funds.
I don't understand why you have to have a short certificate at all. What kinds of funds were these? If this is Pennsylvania unclaimed property, did you check with the state treasurer? The website is: http://www.patreasury.org/unclaimedProperty.html
It seems to me that if your great-grandfather is deceased then the beneficiary of your great grandfather's estate or an heir of the beneficiary (if the beneficiary is deceased) should not have to get a short-certificate if they can prove they would lawfully be entitled to the money.
If all avenues fail, then you may have to consult with a probate attorney in the county/state where your great-grandfather resided. If there is a court file, obtain a copy of the important documents, like the will, any inventory and accounting and the final account. The attorney will then be able to review the documents and better advise you as to your rights.