What steps protect a minor’s inheritance when the decedent did not leave a will? (PA)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Pennsylvania attorney for advice tailored to your situation. Detailed Answer 1. Understanding Intestate Succession in Pennsylvania When someone dies without a will in Pennsylvania, Title 20 of the Pennsylvania Consolidated Statutes—Intestate Succession—governs distribution. Under 20 Pa.C.S. § 2103, […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Pennsylvania?
Disclaimer This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a person is appointed as an estate administrator in Pennsylvania, the Orphans Court requires the administrator to post a bond to protect the estates creditors and heirs. The bond acts as a financial guarantee that the administrator will […]
Read article →Can a Pennsylvania Personal Representative Seek a Commission on Estate Assets and Sale Proceeds?
Detailed Answer Under Pennsylvania law, a personal representative (executor or administrator) may receive commissions for managing and distributing an estate. The statutory authority is found in 20 Pa.C.S. § 307, which sets standard commission rates based on the distributable estate value. Statutory Commission Rates 5% on the first $30,000 3% on the next $70,000 2% […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Pennsylvania?
Detailed Answer In Pennsylvania, two distinct forums handle estate administration and unclaimed property claims: 1. Estate Administration – Orphans’ Court The Orphans’ Court division of the Court of Common Pleas in the county where the decedent lived at death oversees probate and estate administration. This court admits wills to probate, appoints personal representatives (executors or […]
Read article →What steps are required to open an estate proceeding when no probate case exists in PA?
Detailed Answer When someone dies in Pennsylvania without a probate case on file, interested parties must open an estate proceeding in the Register of Wills in the county where the decedent lived or owned real property. This process gives a personal representative authority to collect assets, pay debts, and distribute the estate. 1. Determine the […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Pennsylvania?
Detailed Answer In Pennsylvania, letters of administration empower a personal representative to manage an intestate decedent’s estate. You begin by filing a petition in the Orphans’ Court Division of the Court of Common Pleas in the county where the decedent lived. The core documents you must prepare include: Certified Death Certificate – Obtain a certified […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Pennsylvania
Disclaimer: This article provides general information about Pennsylvania probate law. It is not legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer In Pennsylvania, probate proceedings (often called decedent’s estates) open in the Orphans’ Court division of the Court of Common Pleas in the county where the decedent resided at […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in PA?
Detailed Answer When you request estate files from the Orphans’ Court Division (county probate division) in Pennsylvania, you must provide specific information to locate and obtain the records. Under Pennsylvania’s Right-to-Know Law (65 P.S. § 67.101 et seq.), court records are generally public. Estate files reside in the Register of Wills or Prothonotary office of […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Pennsylvania
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation. Detailed Answer In Pennsylvania, parties in an estate or probate proceeding may use a court-ordered subpoena to gather relevant records—such as bank statements, deeds, or business files—from third parties or institutions. The […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Pennsylvania?
Detailed Answer In Pennsylvania, when a decedent’s real property is sold by the personal representative (PR) or under a summary transfer, heirs often must sign specific authorization forms to clear title and direct the distribution of sale proceeds. The exact forms depend on whether the estate qualifies for summary administration or requires full probate under […]
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