Berks County Pa Probate Lawyers – Intro
The Berks County Pa Probate process, itself, is a very simple process. However, it is merely the beginning of the Pa Estate Administration (Pa Estate Settlement) process, which involves settling a decedent’s affairs, and can (and does) involve many, many other steps, depending on many, many other things.
Berks County Pa Probate Lawyers – Definitions
In United States law and terminology, “probate” refers to proving that a will is valid. In many U.S. states, a person would petition the court for probate, and then add the will that is to be considered to their petition.
Once probate is approved by the court, the petitioner officially becomes the Executor and then has full legal rights to be able to deal with the deceased individual’s estate.
Berks County Pa Probate Lawyers – Misunderstandings
Although some states do have onerous Probate procedures (where “avoiding probate” may be a prudent strategy), Pennsylvania is not one of those states, In fact, Pennsylvania is very “Probate-Friendly.”
The most common misconception that surrounds a Pa Last Will is the process called “Probate” and the seemingly universal theme that it should be avoided at all costs. Again, and virtually to the contrary, the word “Probate” is merely based on the Latin infinitive verb that means “to prove.” Nothing more!
Berks County Pa Probate Lawyers – Register of Wills
You will need the following documents to probate a Pa Last Will in Philadelphia PA.
- Original Will
- Original Death Certificate
- Petition For Probate
- Estate Information Sheet
- Probate Fee
At the Berks County Pa Register of Wills Office, the PA Executor will take an oath and be sworn in as the Executor to the estate. Furthermore, the executor will pay probate fees. These fees depend on the size of the PA Estate.
Berks County Pa Probate Lawyers – Short Certificates
A Short Certificate is a legal document that shows the decedent’s name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate.
- Letters Testamentary (if the decedent had a Pa Last Will; or
- Letters of Administration (if the decedent did not have a Pa Last Will
Having a Short Certificate indicates that one has been appointed by the Register of Wills and has been issued.
Berks County Pa Probate Lawyers – Register of Wills Office
The Information below is to assist you in locating the Berks County Pa Register of Wills in order to begin the Probate Process:
- Berks County Pa Register of Wills
- 633 Court St # 2C
- Reading, PA 19601
- Monday thru Friday 8:30 am to 4:00 pm.
- (610) 478-6600
Berks County Pa Probate Lawyers – Executor Duties
To complete the process of settling an estate, I guide individuals throughout Pennsylvania through the Probate and Estate Administration with confidence and efficiency.
Getting court approval as executor/estate administrator and
- Posting bond (if required)
- Filing the Last Will with the appropriate probate court
- Locating beneficiaries
- Finding and assembling assets
- Transferring assets from the deceased to the estate
- Hiring valuation, genealogy or other experts, when appropriate
- Paying creditors and claimants
- Collecting amounts owed to the estate
- Paying current and delinquent taxes as well as estate taxes
- Distributing property to beneficiaries
Executors can easily make mistakes due to inexperience, stress and hasty decisions. This can be costly, as executors can be held personally liable for beneficiaries’ losses. I guide Pa Executors through every step of the probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently, quickly and easily as possible.
Berks County Pa Probate Lawyers – Steps
The Pa Estate Settlement process can be long, and it’s often confusing. However, a solid checklist, can show that it’s not as complicated as you first thought. A timeline that details what to expect and when to expect it, you may find it’s actually not as complicated as you first thought.
Especially if you’ve been named as the Pa Executor, you need to understand the estate settling process. This will ensure that the estate is settled properly. This will help to show that all heirs receive their share of the estate. Use the following checklist to feel confident you’ve done everything you need, in this order, to properly settle an estate.
- Organize important information
- Determine need for probate or attorney help
- File the Will and notify necessary persons
- Take inventory and appraise all assets
- Set up a bank account
- Pay taxes
- Pay off any debts
- Distribute assets according to deceased person’s Will
- Close the estate
1. Berks County Pa Probate Lawyers – Information
The first step (and one of the most important ones) in the process of settling an estate is getting organized. You’ll want to keep track of both your expenses and all the time you spend working on settling the estate, as you’re entitled to be compensated.
You should look for a Will. You’ll need access to several certified copies of the death certificate. You must notify financial institutions, including the bank, credit card companies and any investment firms. Be sure to inform the Social Security Administration, and know that you’ll need the deceased’s social security number to do so. Try to find a copy of the most current tax return, a birth certificate and any other important documentation.
There are other, practical things to do, too. If you didn’t live with the deceased and there is now an empty property, you should secure it by changing the locks. You’ll want to take a detailed inventory of all his or her belongings. We’ll go more into detail about this below below, but you’re going to need to open a estate checking account. This will be in the estate’s name – you’ll be paying for things like final bills, court costs, potential lawyer’s fees and more from this account.
Once you have these basic documents and tasks done, you should make one master list of contacts that includes all business associates and colleagues, anyone named in the Will, neighbors, friends, relatives and others.
2. Berks County Pa Probate Lawyers – Probate or Attorney
You may or may not need a lawyer. If an attorney is needed due to dispute, complexity or just for peace of mind, it’s important to remember that the process can become drastically more costly once attorneys are involved. To mitigate some of the cost, some opt to just hire an attorney to coach them along the way.
It was thought – in the past – that only the very wealthy had what’s known as “an estate.” The truth is, however, that even if you don’t have a 6 figure savings account or own a mansion, you likely do have an estate you’ll one day leave behind. And when that time comes, whether you’ve prepared for it or not, your estate will need to be settled.
3. Berks County Pa Probate Lawyers – Notify Necessary Persons
If there is a Will, it must be filed in the Register of Wills. The beneficiaries need to be notified. If there is a Trust, any successor trustees should also be informed. Other people to notify include: creditors/banks, the post office, the utility companies and any other business the deceased had accounts with.
A smaller detail, but one that will ultimately need to be handled, includes canceling any subscriptions and notifying any agencies that were offering the deceased benefits (i.e. pension plans, etc). The last thing you want to have to be dealing with is returning payments that the estate was not entitled to.
4. Berks County Pa Probate Lawyers – Inventory & Assets
Take inventory of all assets to see what needs to be distributed. You may want to have high value assets appraised. This will determine whether or not the Estate will owe any taxes. Remember that, as executor, it’s your responsibility to take care of the assets.
5. Berks County Pa Probate Lawyers – Estate Bank Account
After you have what’s known as the Letters Testamentary (or Letters of Administration), you’ll want to set up an estate bank account. Use this account to collect money that may be owed to the deceased person. You can (and should) use this money to pay off any debts, and expenses.
6. Berks County Pa Probate Lawyers – Taxes
File any necessary tax returns and ensure taxes are paid. You may need to file the following:
- Federal Estate Tax (Form 706)
- Pa Inheritance Tax (Form Rev 1500)
- Gift and Generation-Skipping Transfer Tax (Form 709)
- Estate and Income Tax (Form 1041)
- Final Individual Income Taxes (Form 1040)
7. Berks County Pa Probate Lawyers – Debts
Even though the person who borrowed the debt is no longer living, their debts will still need to be paid off. Luckily, the estate (and not you personally) will pay the debts, so you don’t have to worry about anything other than figuring out what debts are owed to which companies.
Read more about what happens to debt after you die for additional, more detailed information about how to navigate this portion of the estate settlement.
8. Berks County Pa Probate Lawyers – Distribute
After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party’s final wishes.
9. Berks County Pa Probate Lawyers – Close
Once all the above steps have been thoroughly completed, you can finally file a petition for discharge of executor responsibilities and ask the court to formally close the estate.
Berks County Pa Probate Lawyers – Conclusion
I provide reliable guidance for Pa Testators and Pa Executors. My experience in the probate court, resolving issues related to the validity of wills, enables me to provide practical advice for testators from all walks of life. Similarly, my work in the formation of wills gives us keen insight into how executors should interpret various aspects of a will that may initially seem unclear.
Whether you are a testator formulating an estate plan or an executor implementing a decedent’s wishes, I can simplify many complex aspects of the tasks before you. I offer pertinent and personal legal advice to obtain the results you need in a timely manner with the least stress possible.
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John B. Whalen, Jr., JD., LL.M., is an AV Peer Review Rated Preeminent 5.0 and Avvo Rated 10.0 Superb (obtaining over 95 client reviews and peer endorsements) premier and prestigious Attorney and Counselor at Law.
He is featured on Avvo, Justia, Lawyers, LinkedIn, Martindale, Nolo, Quora, and Thumbtack. He is located at 8 Longwood Drive, Ardmore, Pa, 19003. He serves all surrounding counties, on all 7 days, from 9:00 AM to 10:00 PM, and on evenings, weekends, and holidays. He provides free initial consults all seven days, provides home visits, and provides flat fee structures. He can be reached by email at jw60297@me.com, and by telephone at 1-610-999-2157.
Mr. Whalen has achieved the AV Peer Review Rated Preeminent award from Martindale, AV Peer Judicial Preeminent award, the Avvo Rated Superb 10.00 award, the Avvo Rated Top Lawyer award, the Clients’ Choice Award, and the Top One Percent (1%) award. He is the recipient of the Legum Magister Post-Doctorate Degree (LL.M.) in Taxation (from the Villanova University School of Law), a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law), and a recipient of the ABA-BNA Law Award for Academic Excellence (from the Widener University School of Law).
