When a loved one passes away, their estate may need to be settled in a court process called probate. Probate is how an “Estate” is distributed according to a Will, or law, to heirs of the deceased.
During probate, a personal representative handles administration of the estate. The personal representative is responsible for communicating with heirs, paying outstanding debts and taxes, and then distributing what is left to the beneficiaries.
While this sounds straightforward, it rarely goes as planned. Administering a loved one’s estate often involves disputes between beneficiaries. The probate process is not pleasant as is it known to have expensive delays, conflict, and bureaucracy.
In Pennsylvania, probate usually takes a year at minimum. This is because creditors have one year from the date of advertising the decedent’s death to file claims against the estate.
The length of the probate also depends on the complexity of the estate, the assets included, and number of beneficiaries. More complex estates will take longer, and can get tied up in probate court for many years.
You may be wondering, does every estate go through probate upon someone’s death? The short answer is no. Probate laws vary by state, but in Pennsylvania only certain property in the name of the deceased requires probate. Assets of the deceased such as jointly held property, property in a Trust, retirement accounts and life insurance proceeds all pass outside of the Probate process.
As a way to avoid probate, many people opt for a Trust-based estate plan. A trust can be used to:
If it’s too late for planning that would avoid probate, we can still help guide you through this difficult time. At Pecori & Pecori we walk alongside you through the probate court process including:
When a loved one dies and they have a trust, you will need to undertake the trust administration process. Upon their death, a trustee (who was selected when the trust was created) is named.
The duty of the trustee is to manage the property, funds, and other assets in the trust. The trustee is also responsible for distributing the assets to the beneficiaries of the trust.
The trust should specify how distribution is made to the beneficiaries. Most trusts specify a simple outright distribution. However, some specify a staggered or discretionary distribution. In either case, an accounting should be prepared for the beneficiaries showing exactly how the distribution was calculated.
If you are asked to be a trustee, you should fully understand and know of your responsibilities. If the trust assets are improperly accounted for, you can be held personally liable.
Unfortunately, more often than not, families fight over who gets what and whether all laws have been followed. These fights can result in litigation, expensive lawyer fees, and devastating financial consequences for heirs and the trustee.
With the help of our office, we can resolve these issues efficiently and amicably. We can guide you through the process if you decide to serve, or recommend the appropriate person to serve on your behalf.
Proper trust administration can reduce the risk of liability claims by beneficiaries for things that happened during the administration process. If you have been named trustee of a loved one’s trust, contact us so we can help reduce stress and avoid costly mistakes.
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Close the estate. The last step in the probate process is to formally close the estate. This is done one of two ways:
Option 1: A Family Agreement is a contract between the executor and the heirs. It contains a summary of the assets, debts and expenses, taxes paid and distributions made. If everyone agrees, this document is signed and filed, and the estate is complete. It is the less formal and less expensive way to close an estate.
Option 2: The second way is via an Accounting. It is a detailed summary of the estate transactions that must be approved by the Court. An accounting is more expensive and more time consuming. An Accounting must be used when there are disagreements among beneficiaries, claims of creditors that are disputed by the estate or when there are minor heirs. An Accounting may also be used when there is a particular reason why counsel or the executor wish to Court to review the estate transactions.
Dealing with the probate process while grieving can be a trying experience. At Pecori & Pecori we have guided thousands of estates through the probate process. It is our goal to make what can be a confusing process as simple and stress-free as possible. Contact us to see how we can help today.
The length of the Probate process depends on the complexity of the estate, assets included, and number of beneficiaries.
In Pennsylvania, probate usually takes a year at minimum. That is because creditors have one year from the date of the decedent’s death to file claims against the estate.
More complex estates or disputes among beneficiaries can cause probate delays. Cases such as those can get tied up in probate court for many years.
The short answer is no. Probate laws vary by state, but in Pennsylvania only certain property in the name of the deceased requires probate. Assets of the deceased such as jointly held property, property in a Trust, retirement accounts and life insurance proceeds all pass outside of the Probate process.
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