Legal Question in Wills and Trusts in Pennsylvania

Re: Last Will & testment , Pennsylvania

If there is property that has to have a title changed then an estate needs to be opened to obtain the documents necessary to transfer the property.

A final income tax return needs to be filed if there was taxable income?

In PA a death tax needs to be paid on the value of the estate at time of death.

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Re: Last Will & testment , Pennsylvania

In PA, the "probate" process is not unduly burdensome, lengthy or expensive. One cannot simply follow what is set out in the will.

The only legal way to transfer assets is by administering the estate

[going through probate - which means filing the will].

The only person with legal authority to do this is the person

appointed as personal representative of the estate by the Register of

Wills of the County where the deceased resided at the time of his or her

death.

After the Register of Wills appoints a personal representative of the

Estate ["Executor" if there was a Will, "Administrator" or simply

"personal representative" if there was no Will], that personal

representative is responsible for gathering all of the assets and

determining all of the debts of the deceased, and first using the

assets to pay those debts, which also include all taxes owed by the

deceased and his estate.

Any transfers of estate assets without such an appointment and without

paying all estate debts will subject the personal representative, or

the person who transferred such assets without having legal authority

to do so, to personal liability.

All heirs and beneficiaries are entitled to notice of the filing of the will [the responsibility to give notice is that of the personal representative], and to seek an accounting if the personal representative is not providing information about assets and expenses of the estate.

If you are the Executor or an heir or beneficiary, you should probably get legal advice and assistance from an estates attorney in the PA county where the deceased resided and where the will should be filed.