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 ?


Asked on 6/06/09, 6:29 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

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.

* 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 6/06/09, 3:46 pm


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