Legal Question in Wills and Trusts in Pennsylvania
probate of will
My father recentley passed and I am the executor as well as one of the heirs. The will is very simple a cash amount is to be given to all surviving grandchildren and remainder of the estate including all personal and real property goes to me. Do I need to go to an attorney to probate the will or can I file with the registewr of wills myself.
3 Answers from Attorneys
Re: probate of will
It is possible to do it yourself, but with real estate involved, it would probably serve you to have an attorney. There will be tax returns involved, as well. Unless you are very knowlegdable, I would say that the legal fees, which should not run very high, will more than pay for themselves. Probating an estate takes a lot of time and effort. As my uncle always told me, " A good attorney and accountant are invaluable." Sorry for the speech. I see alot of estate problems resulting from the parties not being represented. Then they have to hire counsel to fix the problems. Just my view.
Re: probate of will
You certainly may probate the will yourself.
However, that is just the beginning of the process. You will have to give notice to heirs, you will have to file an Inventory, PA Inheritance Tax return, last income tax return for your father, and administer the estate. This involves finding out all of the debts, assembling all of the assets, paying obligations of your father and the estate, before distributing anything as provided in the will. You will also have to file a report, when you have completed the adniminstration, with the Regiater of Wills. If you distribute without taking care of obligations first, you may be personally liable and have to pay out of your own assets.
You should probably consult with a probate attorney and an accountant to assist you.
Re: probate of will
I have to agree with the other replies to this question. Yes you can do it yourself. However, it will be less time consuming if you have the help of an attorney and accountant.