Probate Lawyers Serving Allegheny And Butler Counties

If you have been appointed as the executor of your loved one’s estate, you likely understand that you have a big undertaking ahead. At Miller & Miller Attorneys at Law PLLC, our attorneys are committed to guiding clients through the complexities of the Pennsylvania probate process. While they are dedicated to serving our neighbors in Allegheny and Butler counties, our lawyers can assist clients throughout the commonwealth, since probate laws apply statewide.

For over 45 years, our attorneys have given executors the knowledge and tools to fulfill their duties with integrity and accuracy. With history on their side and helpfulness in their blood, our lawyers are prepared to do the same for you.

Where Is Probate Handled?

In Pennsylvania, probate matters fall under the jurisdiction of the Orphans’ Court. While the term might sound antiquated, this court is dedicated entirely to such issues and is where you, as an executor, will spend time fulfilling your duties. Pennsylvania’s probate process is uniform, ensuring a consistent legal framework no matter which Orphans’ Court your loved one’s estate is probated in. However, local nuances make it essential to have a lawyer’s support as you go through proceedings.

What Does Probate Involve?

Before and during probate, you, as an executor, will take a series of important steps. These include:

• Filing the probate petition
• Giving notice of probate proceedings to beneficiaries
• Validating the will
• Accounting for assets and debts
• Paying debts and taxes
• Distributing the remaining estate to beneficiaries

Each step of probate demands attention to detail and an understanding of legal procedures. Our probate attorneys will help you ensure that you meet all legal requirements and deadlines.

Overview Of Pennsylvania Probate Laws

When an estate is administered, the process is known as probate. In many cases, the person who passed left a will and estate plan, so the executor or estate administrator – also known as a personal representative – follows those instructions. If they did not have a will – known as dying intestate – Pennsylvania law controls how assets are handled.

The representative’s two main jobs are to pay debts and distribute assets to beneficiaries. They also need to gather the necessary documents and distribute them – mailing copies of the estate plan to the named beneficiaries, for instance. If the plan appoints a representative, then the job is theirs. If not, the court can appoint someone.

Not all property goes through probate. Examples include:

• Life insurance policies
• Payable on death accounts
• Living trusts
• Jointly owned real estate
• Financial accounts with beneficiary designations

The representative needs to determine what property to distribute and take the correct steps to do so.

Common Probate Challenges

Estate executors face a complex task when navigating probate in Pennsylvania. Although every case is unique, some of the most common challenges they face include:

• Dealing with creditors: Debt is not erased when someone passes away, nor do the beneficiaries inherit it. Instead, the estate administrator needs to take funds from the estate and settle the remaining debts – credit card bills, income taxes, property taxes, mortgage payments, etc. – before distributing any remaining assets to the beneficiaries.
• Family disputes: Will challenges and disputes could involve unequal bequests, claims of undue influence or disputes over sentimental items. Transparency during the estate planning process can help avoid some of these disputes.
• Tax issues: In addition to paying off final taxes, the executor may need to determine if the estate itself is subject to any taxes, depending on its overall value.
• Multiple estate plans: In some cases, there may be two copies of a will or other estate planning documents. This can lead to disputes, will challenges and other complications while determining which plan is valid.

Though the job of an estate executor is complex, with experienced legal guidance, there are always solutions to disputes and other challenges. It is very important for the executor and all beneficiaries to understand their legal options.

Put Your Trust In Us. Schedule An Appointment Today.

At Miller & Miller Attorneys at Law PLLC, our lawyers believe in making probate manageable for you. From the initial filing to the final distribution of assets, they will be here to provide the support you need. Let’s work together to honor your loved one’s legacy with the respect and dedication it deserves. Call us at 412-487-6661 or contact us online to start the conversation.