When a person passes away in Pennsylvania, their estate goes through a Probate process. If there’s a Will, then the Probate process is simple. The court authenticates the Will then authorizes the Executor to pay the taxes and distribute the assets.
If a person passes without a Will, the estate is “intestate” and has to go through a more complex Probate process. The court will need to review and distribute the deceased’s estate to the proper heirs. Without a Will, the court determines who will receive specific assets. Whereas, if there’s a Will, the estate owner determines who would receive their possessions.
Continue reading to learn more information about how to Probate an estate without a Will in Pennsylvania.
Probate in Pennsylvania
The Pennsylvania courts follow the state’s intestacy statutes to determine how to distribute assets. These statutes indicate which family members will receive all or parts of the deceased’s estate. Each family member is given a different priority as potential heirs.
According to the state’s intestacy statutes, here’s the distribution order:
- Surviving spouse
- Surviving children
- Surviving parent(s)
- Brothers or sisters (and their children) of the deceased
- Grandparents of the deceased
- Aunts and uncles (and their children) of the deceased
The above list is the order of family members that could receive some of the estate. Next, the courts will determine how much (if any) assets the above family members would receive.
Typically, this is the distribution process:
- Spouse and no children – spouse receives everything
- Spouse and children – the estate is given in parts to all surviving people
- No spouse and children – the deceased’s parents receive the estate
Click here to learn more detailed information about Pennsylvania’s Probate process for an estate without a Will.
Overview Process: Probate an Estate Without a Will
Here’s a summary of what you can expect when the court Probates an estate without a Will. The Probate process can become very complex, especially when there’s no Will in place. Read this article to learn when to use a Probate attorney.
Attorney Selected & Engaged
A loved one locates an estate administration attorney to handle and Probate the Estate.
Person Representative Selected
Depending on surviving family members, an individual requests to be the Administrator, as opposed to an Executor, with the filing of a Petition to Probate. Spouses automatically have the right. If their are adult children without a surviving parent, each has an equal right to administer the Estate. The children must agree and sign Renunciations indicating they would like their sibling(s) to act. If there is a surviving parent and adult children, the same process can occur should the surviving spouse choose to renounce their authority to administer the Estate. If the family disputes who is to be appointed, then they each would engage an attorney on their behalf. The Solicitor for the Register Wills would then make that determination following Discovery and a trial, exactly like a lawsuit. It can be a stressful, long and a costly process before an Estate is even opened.
Bond is Posted (if necessary)
Bonds are typically not necessary, as most Administrators are residents of Pennsylvania. However, if the Administrator is a non-resident, Bond is required. The Bond premium is based on the dollar amount of all assets. Unfortunately, the money is non-returnable. The Bond will protect the Estate and all beneficiaries from errors and omissions intentionally or negligently by the Administrator.
Inform People About the Deceased
The Personal Representative informs beneficiaries and creditors about the deceased.
Estate’s Value is Determined
The Personal Representative calculates the total value of the estate and assets.
Bills are Paid
The deceased’s debts and funeral expenses are paid.
Assets are Distributed
All remaining assets are distributed to the court-appointed beneficiaries.
Do You Need More Information on Pennsylvania’s Probate Law?
We have several resources available to help educate you on this process. Additionally, if you or a loved one needs to navigate the Probate process, contact us so we can help answer your questions.
- PA Inheritance Tax, Probate, and Non-Probate assets, and more
- 10 Common Questions Regarding Probate in PA
- Probate and Estate Administration
Contact Us with Your Questions
At Auld Brothers Law Group, we’re here to help individuals and families navigate the complex process of Estate Planning and Estate Administration. Whether you need help with the Probate process or you want to create an estate plan, we can assist you. Our team answers your questions and explains your options with clear, detailed information. Contact us online to schedule a free consultation.