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Pa Last Wills

Pa Probate – 2 – Last Wills

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We began with Pa Probate – 1 – Intro

The next step is locating the Decedent’s original Pa Last Will.

Look for two (2) things at this point – (a) the person who will be in charge (“Personal Representative”) and (b) those persons who will benefit (“Beneficiaries” or “Heirs”).

From here, everything else will follow.

Pa Probate – 2 – Last Wills – Testate

If the Decedent had a Pa Last Will, the Decedent died “Testate” (with a Will).

The “Personal Representative” will be named as the Pa Executor (or Executrix which merely means “female” as opposed to Executor meaning “male” – and note that these legal terms are becoming less used – they words stem from the ancient Roman Empire and the British Empire and are considered archaic in this century).

Then determine who the “Beneficiaries” (with a Will) are.

Pa Probate – 2 – Last Wills – Intestate

If the Decedent did not have a Pa Last Will, then the Decedent died “Intestate” (without a Will).

Both of the items you looked for in the Will above, will now be governed by Pa Wills Law. The “Personal Representative” will be named as the Administrator (same thing as Executor – different spelling only) and is explained in Pennsylvania Code under “Title 20 – Decedents, Estates, and Fiduciaries – Chapter 21 – Intestate Succession.”

Then determine who the “Heirs” (without a Will) are.

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Pa Probate Law – 1 – Intro

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Pa Probate Law – 1 – Intro

As I stated in Pa Estate Law – Intro – 1, misinformation about, and misuse of, critical legal terms tends to lead to misunderstandings of estate planning.

These misunderstandings, in turn, tend to lead to mistakes in estate planning.

These mistakes, again, in turn, tend to lead to unintended results after one’s death.

Pa Probate Law – 1 – Note

“The difference between the almost right word and the right word is really a large matter – it’s the difference between the lightning bug and the lightning.” (Mark Twain).

The Pa Probate and Pa Estate Administration process is an intricate and confusing process.

In keeping with Mark Twain’s astute observation, this category of posts will focus on the proper and accurate definitions of legal terms that are so often misused in today’s social atmosphere, television and radio media, and society in general such as the Pa Inheritance Tax, the Federal Estate Tax, Pa Probate (and avoiding Pa Probate), Pa Short Certificates, Pa Fiduciary Income Tax Returns, and Pa Model Court Accountings.

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Pa Executors And Duties

Pa Executors And Duties

A Pa Executor has many responsibilities.

  • Probating the Pa Will
  • Providing various mandated court filings
  • Obtaining an Estate E.I.N. number
  • Preserving the Estate’s assets
  • Satisfying the Estate’s creditors
  • Notifying Beneficiaries and Heirs
  • Filing the Decedent’s final Income Tax returns
  • Filing the Estate’s Inheritance and/or Estate Tax Returns
  • Filing the Estate’s Fiduciary Income Tax returns
  • Providing an accounting of all of the estate items
  • Distributing the assets to the beneficiaries (Will) or heirs (no Will)

Choose your Executor with extreme care

  • Be aware of your Executor’s traits
  • Be aware of the Estate’s Fiduciary Income Tax returns
  • Be aware of the Decedent’s final Income Tax returns

As an Executor, please be aware that

  • You can be held personally liable for unpaid taxes
  • You should be careful of the advice you receive and what you hear
  • You should ensure that the Income Tax returns were filed in your Estate
  • With all of the recent talk of the Estate Tax, the Income Tax side is as vital

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Pa Last Wills And Asset Titles

Pa Last Wills And Asset Titles

Pa Last Wills And Asset Titles

Be aware that a Will may not dispose of all of your assets at your death.

Perhaps to the contrary, a Will disposes of your assets that are titled in your name alone and that have no beneficiary designations. 

Pa Last Wills And Asset Titles – Exceptions

Consequently, a Will does not control two, potentially and enormously valuable, categories of assets.

A Will does not control (or dispose of) assets that have: Joint Owners (i.e., joint accounts, joint real estate, etc.), as they pass to the surviving owners (via Property Law), and/or Beneficiary Designations (i.e., annuities, retirement plans, etc.), as they pass to the named beneficiaries (via Contract Law).

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How Do You File For A Probate Accounting?

How do you file for a probate accounting?

I am a beneficiary to a will that has taken almost 4 years without a settlement. The attorney and executor have not responded to questions concerning the excessive time to probate the will. In a rare email from the executor, he claimed that the attorney does not respond to his inquiries. This is a disgrace and has dragged on long enough. I think additional attorney and executor fees will consume most of the final estate distribution. Is an accounting something I can initiate by myself or is a attorney required?

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