What assets do I need to include in the estate inventory and how can I locate missing life insurance or retirement accounts? - Pennsylvania
The Short Answer
In Pennsylvania, the personal representative (executor/administrator) generally must file a verified inventory listing the decedent’s real and personal property that belongs to the estate, with values as of the date of death. Life insurance and retirement accounts may or may not be part of the probate estate depending on how they are titled and whether there is a beneficiary designation—so identifying what must be inventoried (and what passes outside probate) is a key legal issue.
What Pennsylvania Law Says
Pennsylvania law places the inventory obligation on the personal representative and requires the inventory to cover the decedent’s real and personal estate (with certain exceptions). The inventory is not just a “list”—it is a sworn filing that can be challenged by interested parties, and it becomes the foundation for later accounting and distribution decisions.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3301.
This statute establishes that every personal representative must file a verified inventory of all real and personal estate of the decedent (excluding real estate outside Pennsylvania), and it sets timing rules for when the inventory must be filed.
Pennsylvania also requires the personal representative to list each item’s fair value as of the date of death. See 20 Pa.C.S. § 3302. If additional property is discovered later, a supplemental inventory is required. See 20 Pa.C.S. § 3303.
What typically goes in the inventory (high-level): probate estate assets such as solely-owned bank accounts, vehicles titled in the decedent’s name alone, personal property, and Pennsylvania real estate owned in the decedent’s name (and not passing automatically by survivorship). Whether to include (or how to describe) items like jointly titled accounts, payable-on-death (POD)/transfer-on-death (TOD) assets, beneficiary-designated retirement accounts, and life insurance often depends on the specific ownership/beneficiary paperwork.
Locating “missing” life insurance or retirement accounts: these searches often turn on whether the asset is payable to the estate versus directly to a named beneficiary, whether the employer/plan administrator still exists, and whether the asset has been turned over to unclaimed property. For more background, you may find these resources helpful: finding a deceased spouse’s accounts and assets in Pennsylvania, whether 401(k) and life insurance avoid probate in Pennsylvania, and checking Pennsylvania unclaimed property for estate funds.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: the inventory must be filed by the earlier of the date the account is filed or the due date (including extensions) for the inheritance tax return. See 20 Pa.C.S. § 3301(c). If someone in interest demands an earlier inventory, different timing can apply.
- Burden of Proof: you may need documentation to prove whether an asset is a probate asset (estate-owned) versus a non-probate transfer (beneficiary/survivorship). Missing beneficiary forms, outdated designations, or unclear titling can create disputes.
- Exceptions and Disputes: interested parties can object to the inventory, and disagreements often arise over whether something should have been included, how it should be valued, or whether it was “missing.” See 20 Pa.C.S. § 3305.
Trying to handle this alone can lead to inaccurate sworn filings, missed assets, family conflict, or delays in distribution. A probate attorney can help you classify assets correctly, document valuations, and pursue information from insurers, plan administrators, and financial institutions in a way that reduces the risk of later objections.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.