Legal Question in Wills and Trusts in Pennsylvania

spouse is named as beneficiary and executor in will --- still need to probate will and get short certificate ?


Asked on 4/05/11, 9:07 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Only if you want to do anything with the estate.

Seriously, yes, unless there are no assets, the estate must be probated.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/05/11, 9:35 am

Advising that the spouse is the executor and beneficiary provides no information about the estate at all. Are there any claims? What are the assets and their value? How much will go to the spouse as part of their spousal share free and clear of any creeditors' claims?

You need to meet with a probate attorney to see if probate is justified. Failing that, speak with the Register of Wills to determine if probate is necessary. Even if probate is not necessary, the will still has to be filed.

Depending on what the assets and claims are, it may be that probate is unnecessary. Or it may be that there exists a more simple procedure whereby the surviving spouse can collect assets and pay any claims using an affidavit.

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Answered on 4/05/11, 1:15 pm


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