When a loved one passes away, dealing with their estate can be an overwhelming and emotional task. If you live in Pennsylvania and are facing the probate process, you may need a probate lawyer to help you navigate this complex legal terrain. This comprehensive blog post aims to answer that question by discussing the ins and outs of probate.
What Is Probate?
Probate is the legal process through which a deceased person’s estate is administered and distributed according to their will or, if no will exists, according to Pennsylvania’s intestacy laws. The probate process involves several steps, including validating the will, appointing an executor or administrator, gathering and valuing assets, paying debts and taxes, and distributing the remaining assets to the designated beneficiaries.
When Is Probate Necessary?
In Pennsylvania, probate is generally required when a person dies owning assets in their name alone, without any designated beneficiaries or joint owners. Some assets, such as life insurance policies, retirement accounts, and jointly owned property, usually pass directly to the named beneficiaries or surviving co-owners without going through probate.
What Does a Probate Lawyer Do?
A probate attorney, also known as an estate attorney or estate lawyer, specializes in assisting clients with the probate process.
Their responsibilities may include:
- Advising clients on the probate process and their rights and responsibilities as executors or administrators.
- Preparing and filing the necessary court documents to open and close probate.
- Assisting with the inventory and valuation of the deceased person’s assets.
- Identifying and notifying creditors, as well as reviewing and paying valid claims.
- Ensuring that all required taxes are paid, including estate and inheritance taxes.
- Representing the estate in any disputes or litigation involving beneficiaries, creditors, or other interested parties.
- Distributing the remaining assets to the designated beneficiaries according to the terms of the will or the laws of intestacy.
When Should You Consider Hiring a Probate Lawyer?
While it is not legally required to hire a probate lawyer in PA, there are several situations in which it may be beneficial to seek professional assistance:
- The estate is large or complex. If the deceased person’s estate includes multiple properties, valuable assets, or complex investments, a probate lawyer can help ensure that these assets are properly managed, valued, and distributed.
- There are disputes among beneficiaries or creditors. If there are disagreements regarding the validity of the will, the distribution of assets, or the payment of debts, a probate lawyer can represent the estate in resolving these disputes.
- The estate is subject to estate or inheritance taxes. A probate lawyer can help you understand your tax obligations and ensure that all necessary tax filings and payments are made on time.
- The executor or administrator is inexperienced or overwhelmed. If you have been named the executor or administrator of an estate and are unsure of your responsibilities or feel overwhelmed by the probate process, a probate lawyer can provide guidance and support.
Choosing the Right Probate Lawyer in Pennsylvania
When searching for probate lawyers in Pennsylvania, there are several factors to consider:
- Experience. Look for a lawyer who specializes in estate and probate law and has a proven track record of successfully handling cases similar to yours, such as Heiligman and Mogul.
- Communication. Choose a lawyer who is responsive, easy to communicate with, and willing to take the time to explain the probate process and answer your questions.
- Reputation. Seek recommendations from friends, family, or other professionals, and read online reviews to find a probate lawyer with a strong reputation for providing quality legal services. Or, see this Chester County probate lawyer for more information about probate services if you’re nearby.
- Fees. Make sure you understand how the probate lawyer charges for their services, whether it’s an hourly rate, a flat fee, or a percentage of the estate, and ask for an estimate of the total cost.
Key Takeaways
Dealing with the probate process in Pennsylvania can be a daunting task, especially during a time of grief and loss. Though hiring a probate lawyer is not required, it can provide invaluable assistance, guidance, and peace of mind. If you are considering hiring an attorney, look for experience, communication, reputation, and fees. By entrusting your probate matters to skilled professionals, you can ensure that your loved one’s estate is handled with care and expertise, allowing you to focus on healing and honoring their memory.
