Legal Question in Wills and Trusts in Pennsylvania
No will, few assets, taxes owed...
My grandfather's sister recently died, leaving no will. She never married and had no children. Her known assets include a bank account with an estimated $6000, and a small row house in an uninhabitable condition. She owes the water company over $1200, and we found that she owes over $8000 in property taxes. These are only the debts we know about, there may be others. We had planned on emptying, cleaning, fixing up the house and selling it, but we discovered that to do so would mean spending far more money than the house is worth. However--we also found evidence that she had several other accounts at other banks, but we don't know how to go about finding out what assets she may or may not still have at these other banks. We were told by the first bank that my grandfather would have to become executor or administrator of his sister's estate, but the register of wills office says that to do that we would need to know her assets. To find out her assets, the bank tells us he must first be executor of the estate because they cannot divulge that information. Is there a way to find out my grandfather's sister's assets without him first becoming administrator of her estate?
3 Answers from Attorneys
Re: No will, few assets, taxes owed...
Probably not.
You didn't say whether the decedent lived in Pennsylvania or Texas. That's critical, since the laws of probate vary substantially from state to state.
Re: No will, few assets, taxes owed...
In PA, you do not need to know the assets of the estate in order to seek appointment as administrator of the estate. An estimate of the estate must be made at the time the petition for appointment is filed, but it need not be accurate and is later amended by the filing of an inventory and inheritance tax returns, after complete investigation has been made.
The person appointed as administrator does not undertake any personal liability for debts of the deceased, and is liable only for her or his own improper handling of the estate.
Banks cannot provide private information about accounts except to persons who have an interest in the account, which would include the administrator (also called personal representative).
If there is a relative in PA who could serve in that capacity, that person is the logical choice. If another relative/heir also wishes to serve but is not in PA, that person could serve as a co-administrator, but would probably have to be present in person to file the petition.
You family may wish to consider donating the real property to an organization or the City, if it has a property donor program, rather than attempting to fix it up to sell. Such an organization or the City may accept the property subject to the outstanding property taxes, relieving the estate of those obligations.
If the debts exceed the value of all the assets of the estate, it is considered an "insolvent" estate, and there is a priority or hierarchy in the statutes to guide the personal representative of what debts must be paid before others, and other debts may not have to be paid if there are insufficient assets.
See my answer to Message 568475703 "settlement of estate", for a description of some of the duties of the personal representative.
You or your family member who undertakes these responsibilities will probably want to consult a local Estates/Probate lawyer for assistance.
Re: No will, few assets, taxes owed...
If your great aunt died in Texas, a simple heirship proceeding would provide a court order that would distribute the estate to the heirs. The banks may or may not accept the order to release the funds. To have an administrator appointed would be much more complicated since court approval is required for any action taken by the administrator. If your great aunt died in PA, PA's state requirements (which may or may not be similar to Texas law) must be followed. My condolences to you and your family.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
