Probate And Estate Administration Guidance

Miller & Miller Attorneys at Law PLLC provides probate and estate administration services to clients in Allegheny, Butler, Fayette, Mercer, Indiana, Westmoreland, Armstrong, Beaver and Washington counties. We represent executors, estate administrators and trustees from the initial appointment to the conclusion of the estate administration.

We prepare or assist our clients in preparing inheritance tax returns, final federal estate tax returns and other fiduciary returns.

A Summary Of Probate And Related Legal Requirements

The probate process is the procedure in which assets of a deceased person are gathered, inventoried and valued, and all debts are paid. This process is supervised by the court of common pleas in the county in which the decedent lived. After the assets have been valued, the debts and taxes are paid, and the remaining sum is distributed to the decedent’s beneficiaries.

If you are an executor or are in line to be an administrator, our firm can help you throughout these challenges from start to finish. We will help you navigate through every stage of what can feel like an overwhelming process and explain your responsibilities clearly to you. We will work with you to take advantage of every available deduction to decrease the Pennsylvania inheritance tax that must be paid and help you position the estate for a discount on the tax for early payments.

What Do Executors Do During Probate In Pennsylvania?

Executors are responsible for overseeing the entire probate process, which includes:

• Gathering and organizing legal documents, including the will, deeds and titles
• Identifying and cataloging estate assets such as bank accounts, real estate and investments
• Maintaining and securing estate property
• Paying outstanding debts like mortgages, credit cards and other liabilities
• Filing necessary tax returns, including federal estate tax and Pennsylvania inheritance tax
• Distributing assets to beneficiaries as directed by the will or law

The executor’s role is multifaceted and can be challenging, but with our firm’s support, you can handle these responsibilities efficiently.

What Is The Probate Process In Pennsylvania?

In Pennsylvania, the probate process starts when the executor or administrator presents the deceased’s will to the Register of Wills in the county where the decedent resided. The court reviews the will, and once approved, the executor is officially appointed.

The next steps include notifying all relevant parties, including creditors and beneficiaries, about the probate proceedings. The executor must compile an inventory of the estate’s assets, which may include bank accounts, personal property and real estate.

After paying any outstanding debts, including funeral expenses and taxes, the executor distributes the remaining assets to the beneficiaries. This process can vary in length and complexity depending on the size of the estate, the number of creditors and whether disputes arise.

Can I Avoid Probate Entirely?

Yes, it is possible to structure an estate in such a way that avoids probate. Several assets bypass probate automatically, including jointly held property, life insurance policies with designated beneficiaries and financial accounts with transfer-on-death (TOD) or payable-on-death (POD) designations.

Another effective method to avoid probate is by creating living trusts, which allow assets to be managed and distributed without the need for court involvement. A properly structured estate plan can minimize probate, reduce delays and lower costs. Our attorneys can help you develop a tailored estate plan designed to protect your assets and beneficiaries while minimizing the probate process.

When Disputes Arise, Contact Our Attorneys

While probate and estate administration is normally a smooth process, problems could arise at any point of the administration. Complications may include challenges to the estate plan prepared for the decedent or objections to the management and/or the distribution of the assets of the decedent. Note: Many such situations can be avoided if a proper estate plan has been prepared for the decedent.

If you are already acting in the role of an executor or administrator, it is not too late to ask for legal guidance as you work toward concluding the settling of the estate. Having a skilled attorney who plans and thinks strategically can help smooth out potential issues that come up. If disputes arise and cannot be settled amicably, our attorneys are well-prepared to take your case before a judge and jury should litigation become unavoidable.

Schedule A Consultation About How To Settle An Estate

Get a good idea of what lies ahead and plan out the administration of the estate you are handling. To arrange to meet with a lawyer, call 412-487-6661 or complete an online inquiry form for a prompt response.