Legal Question in Wills and Trusts in Pennsylvania

How long does probate take in Pennsylvania. My grandmother was in a nursing home for about 7 years, and therefore owned no personnel property - house, car, etc. She did however have $175,000 invested with an accountant. She also had a will. Approximately how long should this take to probate?


Asked on 6/14/10, 8:01 am

1 Answer from Attorneys

I do not know when your grandmother died or the contents of her will or whether Medicaid is entitled to any reimbursement out of her assets. Assuming there is no Medicaid involvement, probate should move along. But, any creditors (if there are any) have to be given time to come forward with any claims against the estate. In addition, the IRS and PA tax authorities have to give final approval as does the court. All of this takes time.

Given the amount specified, this is not a small estate. I suggest that if you are the personal representative, that you get an attorney for your grandmother's estate.

If you are the beneficiary, know that some distributions can be made. The problem is that personal representatives do not like to be in the position of asking the beneficiaries to return funds if there is not enough mo0ney in the estate. As a result, they usually hold back on distribution of funds totally or at least enough to pay any contingent liabilities.

Assuming that the estate has no claims, things should be wrapped up within a year.

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Answered on 6/14/10, 11:35 am


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