Legal Question in Wills and Trusts in Pennsylvania

Response by Attorney Michael Kotik. It depends on the instrument that was used to allocate the estate. Would need more information before this question could be answered.

Agree to what? It depends. If there is a will, then agreement is not necessary. The personal representative pays the debts and distributes the assets as per the will. However, in the event that someone brings a will caveat, then the personal representative may deem it wiser to settle than expend estate funds in protracted litigation. In such case, then there may be a family settlement agreement. It also may be necessary to deviate from the testator's will and if that happens, then all the beneficiaries might have to agree.

If there was no will, then the deceased's property will pass as per the state intestacy law. Usually, the deceased's property goes to his/her surviving spouse, if any, and biological or adopted children. I can't see why the heirs would have to agree unless it was again necessary to resolve some disputed issue - for example, if the deceased had a child out of wedlock and everyone conceded that this was in fact a child of the deceased, but paternity was not established and the family wished to include the child in distribution of the estate or something like that.

Why are you asking and what are the relevant facts? Who died, when, was an estate probated, and what is going on that would necessitate a family settlement? Try reposting and include these details, so that any attorney can better advise you.