Legal Question in Wills and Trusts in Pennsylvania

Re: Probate

Dear Sir/Madam:

The answer to your question depends on a number of things. When a person dies and they have a Will it does not necessarily mean that the document will ever actually be presented for probate. What triggers probate is if the type of assets the Decedent owned at death and how they were titled.

For instance, if everything the Decedent owned was titled jointly with a another person who survived the Decedent, then, no, the Will would not have to be probated. However, it the Decedent owned certain assets that were titled in his/her name alone at the time of their death, then probating of the Will may, in fact, become necessary.

A thorough examination of the the type, title and value of the Decedent's various assets is required to determine if the probate process is going to be required. To a lay person, this process can be very daunting and time consuming. That is why the Executor/Personal Representative named in the Will typically consults with or retains an attorney to assist them through the probate process.

If you would like to discuss this matter further with me, please feel free to contact either through our website at www.americanwillsandestates.com or by email at [email protected]. Thank you.

Lloyd A. Welling, Esq.