Troubleshooting Legal Problems

Probate: basic information you should know

Many people have heard the term “probate,” but they do not know exactly what it means. They may associate it with end-of-life matters and having a will but not know any intricate details.

Probate is a legal process that happens after a person dies. This legal process happens in court, where the court is tasked with the responsibility of distributing the decedent’s assets according to the will they left.

Will or no will?

If the person who died (the decedent) did not leave a will, the court will use Pennsylvania law to determine how to distribute the decedent’s assets.

If the person left a will, they probably named an executor. That person must file the will with the local register, which begins the probate process.

If the person who died did not leave a will, the court will appoint an administrator to take the place of an executor to do the same thing.

Probate process

The probate process involves validating the will, which means that the court must ensure the will is valid. Pennsylvania law has specific requirements for a will to be valid.

After the court ensures that the will meets Pennsylvania’s legal requirements, either the executor or the administrator will have to gather all the assets that the deceased had, pay off any bills they still owed before death, and distribute the remaining assets to the beneficiaries, whether by will or law.

Bypassing probate

In Pennsylvania, certain assets do not need to go through probate. For example, joint property or assets with beneficiary designations, like life insurance policies, assuming the decedent named a beneficiary.

Having an attorney help you with this process is critical because probate can be highly complex and nuanced, and the process of asset distribution can take a long time. It is always better to prevent problems by having someone with the necessary knowledge by your side as you go through probate.