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If you're in a circumstance where you'll need to deal with Pennsylvania probate courts, you might be surprised at some of the complexities involved in Pennsylvania probate laws. It would be wise to hire a qualified attorney to assist you in understanding the state's probate laws, yet it would also be a good idea to have a basic knowledge of those laws yourself. A bit of background in probate procedures and practices will help you to analyze the performance and competency of the attorney you hire. This article intends to guide you through the basic laws of Pennsylvania and introduce you to some possible scenarios in order to give you a basic overview of Pennsylvania probate.
As it is throughout the rest of the country, in Pennsylvania, probate law is designed to oversee the distribution and settlement of decedent estates. When a person dies, it is important that laws are in place to make sure that creditors are paid, and that their assets are distributed amongst their heirs as they would have wished. Once a person dies, a petition to open their estate and to name an executor of it is filed, after which a notice to creditors is printed in a local newspaper, and notice is given in writing to anyone else involved. Although this may sound like a relatively straight forward procedure, there are complexities involved which only surface once the probate process has begun. This is where the importance lies in understanding the Pennsylvania probate process.
Understanding the Pennsylvania probate process relies on you being aware of how the process flows, and the terminologies used in probate procedures. A lack of knowledge of how the probate process works will impede you from progressing from one stage to the next, while misunderstanding the legal terms used may cause undue difficulties in your estate settlement. One such term that is critical to understand is "intestate estate." "Intestate" specifies that a person died without leaving a will, and if this is the case in your situation you may want to research further about intestate wills. Another term you may wish to develop a deeper understanding of is "right of election." In the case of one of a married couple dying, the surviving spouse has the legal right to either:
Attempting to navigate through the probate process without knowledge of such things can lead to disastrous, irreversible consequences. There are two major factors worth considering regarding the importance of understanding Pennsylvania probate. The first is related to the official nature of written material used and issued under the legal system. If you don't have experience in the writing of formal legal documents, you could find yourself in difficulty. Legal documents must be written very specifically, and only a qualified and competent attorney should be used in creating them.
There are also time limitations that should be considered during the probate period. Certain documents and procedures are subject to various deadlines, and failing to file a document or initiate a procedure within the required time period could damage your case. The best case scenario will allow you to resubmit any late documents, but best case scenarios cannot be guaranteed. Such an example regarding Pennsylvania probate is the law that requires probate to be commenced before 21 years have passed since the decedent's death. If this is not done, permission to administrate the estate will not be granted unless it is specifically granted by the court, a long and complex procedure.
Handling the Pennsylvania probate system is not easy for attorneys, let alone someone with little or no knowledge of it. To ensure that your estate or that of your loved one is handled efficiently, sensitively and legally, make sure you secure the services of a probate attorney to help you deal with Pennsylvania probate laws.