Legal Question in Wills and Trusts in Pennsylvania
Probate
My father lived in Fayette County, PA. He recently passed away. He has a deed to his property that I need to get tranfered into my name. I am his only heir-Son. He was divorced. No Spouse. I live in Arizona. I need to know what forms I need to fill out to tranfer a deed into my name and if it needs to go thru probate. There was no living will, trust or anything set up. All his expenses such as funeral arrangements were paid for by his sister. There is no outstanding accounts. Everything was paid in advance.
2 Answers from Attorneys
Re: Probate
Condolences on the death of your father.
The only legal way to transfer assets is by administering the estate [going through probate].
The only person with legal authority to do this is the person appointed as personal representative of the estate by the Register of Wills of the County where your father resided at the time of his death.
After the Register of Wills appoints a personal representative of the Estate ["Executor" if there was a Will, "Administrator" or simply "personal representative" if there was no Will], that personal representative is responsible for gathering all of the assets and determining all of the debts of the deceased, and first using the assets to pay those debts, which also include all taxes owed by the deceased and his estate.
Any transfers of estate assets without such an appointment and without paying all estate debts will subject the personal representative, or the person who transferred such assets without having legal authority to do so, to personal liability.
You cannot simply "fill out" a deed to transfer the property. If there was no will, the law provides how the estate should be administered and who is entitled to the remaining assets, after payment of all estate debts and expenses.
You should consult an estates lawyer in Fayette County to assist you.
Re: Probate
You need to open a probate in the county where the property is located, ie. in Pennsylvania. The court may have a self service center or forms available for you to do so, otherwise, you should retain counsel there.