Legal Question in Wills and Trusts in Pennsylvania
Wills
My father recently past away and we are unable to locate his will. Doesn't everything go to my mother? How do we settle his estate? and how does that affect my mother? What is probate ?
1 Answer from Attorneys
Re: Wills
Condolences on your loss.
"Probate" means administering the estate. If there is a will, probate is started by filing the will in the office of the Register of Wills for the county where your father resided. If there is no will, your mother and/or your father's children should apply for appointment as administrator. This is also done in the office of the Register of Wills.
When there is no will, PA law provides for "intestate succession", which specifies what portion of the estate, and in what order, heirs will inherit.
First, the estate must be administered by determining all of the debts and all of the assets, and paying all of the debts, including taxes.
The office of the Register of Wills has some forms available to begin the estate administration, and may provide guidance, but not legal advice.
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.
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