Legal Question in Wills and Trusts in Pennsylvania

Re: How do I probate a very small estate

You will probably not need an attorney, but a few things just to educate you. First, the power of attorney only lasts until your aunt passes away. Once the principal, your aunt, dies, you are no longer her agent. The Will then governs who is to handle her affairs.

That being said even if you are named as the executrix in her will, you will not be able to act until the will has been probated and you are sworn in with the Register of Wills.

However, there are some exceptions, if the estate is less than $25,000.00 you can petition the court and you do not have to probate the will.

Additionally, and probably most important to you is that under Pennsylvania statute, if there is a bank account less than $3,500.00 in the decedent's sole name, the bank can release those funds to you without court order. All you need to do is go to the bank with the Death Certificate in hand and copy of the Funeral Bill showing that you paid it. The funds should then be released to you.

I hope this helps. If you have any additional questions, please feel free to call me. 412.731.0865. I do give free initial consultations, therefore I will not charge you unless we agree that I can be of assistance to you and we agree on an appropriate fee. I look forward to speaking with you.