Legal Question in Wills and Trusts in Pennsylvania

No will, what a mess

will a quit claim deed be sufficiant and act as a will if my grandfather has passed away and only left a notorized copy of a self written will which the state will not warrant?


Asked on 10/05/06, 3:56 pm

2 Answers from Attorneys

Matthew Kelly Kelly Law

Re: No will, what a mess

Hard to say from your question. Quit claim deed won't act as a will although it may give you rights in the property if properly done. Did your grandfather execute a quit claim deed to you before passing away? Contact me at [email protected] to further discuss facts.

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Answered on 10/05/06, 5:04 pm
Miriam Jacobson Retired from practice of law

Re: No will, what a mess

Unless you have tried to file [probate] the handwritten will of your grandfather, and it was rejected by the Register of Wills office, you may be able to probate it. So try that first.

If it is not accepted as a will, that means that your grandfather's estate will have to be administered as an "intestate" estate [that only means there was no valid will]. If you are the closest relative surviving, you may qualify to act as the personal representative of the estate.

You will be responsible for the entire estate administration, but you will also be able to deal with the real estate. Be careful to first pay all debts, starting with taxes due to PA [income, inheritance, any others] and other priority debts, before you dispose of assets of the estate.

The Register of Wills is helpful to people who try to do this on their own, or you may need legal assistance of an estates attorney in the County where your grandfather resided.

You may NOT just sign a deed, and a deed of any kind is not a substitute for a will.

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Answered on 10/05/06, 5:31 pm


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