Legal Question in Wills and Trusts in Pennsylvania
My mother passed away in PA with a will. She had transfered $13k to me in October to cover expenses and passed away with one bank account of less than $2k for which $1500 will be paid to cover the cremation services. I live in CA. What do I need to do to pay the inheritance tax and declare small estate? Can this be done from where I live or do I need to go there? Thank you.
1 Answer from Attorneys
20 Pa.C.S.A. � 3102
Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 31. Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters
Subchapter A. Dispositions Independent of Letters
� 3102. Settlement of small estates on petition
When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $25,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require.
See an attorney in the county where your resided at the time of her death. It will be easier for the attorney to file the necessary papers for you.
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