An estate notice is a public announcement informing the heirs and creditors about the deceased’s estate currently being administered. This allows anyone who wants to make a claim against the estate the ability to come forward. For creditors, this will enable them to come forward to collect any debts.
Every state has specific rules for estate notices. This article will educate you on Pennsylvania’s law regarding Allegheny County estate notices for beneficiaries and creditors then teach you how to write one.
What is an Estate Notice?
As mentioned above, an estate notice is an announcement to all beneficiaries and creditors. For beneficiaries, it is required by law to notify them with a Notice by mail that is recorded with the county which indicates that they are an heir. A copy of the Will is typically included, if the deceased individual had one. Creditors are notified when the estate has legal notices published with the local paper and the county’s legal journal. In recent years creditor notifications are also posted online.
The estate notice needs to be issued, once the estate is in Probate.
Creditors must come forward and file a Claim against the estate when the estate is opened. Once an estate is closed, they lose their right to file a claim in hopes of repayment. It’s the creditor’s responsibility to monitor these estate notices. Finally, the notice must include the contact information for the Executor and the lawyer handling the estate.
PA Laws for Estate Heirs – Allegheny County Estate Notices
In Pennsylvania, the Executor must give beneficiaries notice once an estate is in Probate. If the deceased passed without a Will, they must notify every person considered an “intestate heir” under the state’s law of descent and distribution. The estate’s Executor, or personal representative, is responsible for notifying all hires within three months after the estate is in Probate. You can read about these laws (20 Pa C.S. §§ 2101 to 2108 and Pa O.C. Rule 10.5.).
If the deceased passed with a Will in place, the Executor must give notice to:
- All beneficiaries listed in the Will
- The deceased’s spouse and children
- Any Trust beneficiaries of the Will
- Any charitable beneficiaries:
- With interest over $25,000
- If they aren’t paid the full bequest, you must give notice to the Attorney General
- Any government beneficiary listed, then notify the Attorney General
- Additionally, a Third Party Liability search is required to be sent to the State to see if the deceased individual received any Medicaid or government health benefits, that need to be repaid.
Notifying Beneficiaries and The Public
The Executor must give an estate notice to each heir and the public. This includes sending first-class, prepaid mail to each heir listed above when notifying beneficiaries. After informing the heirs, they will need to file a certification that notice has been given with the Register.
When notifying the public, the Executor will need to advertise in a local newspaper (near the estate’s location) and advertise it in the newspaper designated by local rule for the publication of the notice. The notice needs to be published once a week for three consecutive weeks.
PA Laws for Creditors – Allegheny County Estate Notices
Pennsylvania law doesn’t require the Executor to notify all estate creditors individually. Instead, it only needs to be announced “Notice of Administration.” This gives creditors one year to file their claims.
If they miss the one-year deadline, they can only request payment from estate assets that weren’t distributed prior to the notice of the claim. You can read about this law here.
Steps on Writing an Estate Notice in Allegheny County
Writing an estate notice in Allegheny County is short and straightforward. An estate notice to the heirs and creditors is slightly different. Here’s what you need to include for each message.
Estate Notice to Heirs
- Name of the deceased
- Name of the Probate court handling the estate
- Probate case number
- Date of death for the deceased
- State that the person may have an interest in the estate
- State you’re the estate’s Executor/personal representative
- Provide your or your lawyer’s contact information so creditors can contact the person handling the estate:
- Name
- Title
- Mailing address
- Telephone number
Estate Notice to Creditors
- Name of the deceased
- Name of the Probate court handling the estate
- Probate case number
- State you’re the estate’s Executor/personal representative
- A creditor’s claim against the estate must include the following:
- Basis of the claim
- Claim amount
- Claim date
- Property that secures the claim
- State creditors have one year to file their claim
- Provide your or your lawyer’s contact information so creditors can contact the person handling the estate:
- Name
- Title
- Mailing address
- Telephone number
- Pay any necessary fees associated with publishing this notice
A Probate Attorney in Pittsburgh Can Help You
At Auld Brothers Law Group, we can help you throughout the Probate process or specific areas, like estate notices. In addition, we provide a free, 30-minute consultation to answer your questions and offer legal advice.
Contact us to learn how we can make this process easier for you.