APPOINTING A PERSONAL REPRESENTATIVE: PENNSYLVANIA PROBATE
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APPOINTING A PERSONAL REPRESENTATIVE: PENNSYLVANIA PROBATE
The Estate Administration process is uncharted territory for most people after the loss of a loved one. Heirs want to“ do the right thing” in administering their loved one’ s estate, but often do not know what they will need, or where to begin.
In Estate Probate, your departed loved one is known as the“ Decedent” while the individuals who inherit their assets are known as“ Heirs” or“ Beneficiaries.” The person in charge of accumulating and distributing those assets is known as the“ Personal Representative” and is often referred to as either the“ Executor” or“ Administrator” of the Estate.
Not every Decedent needs formal Estate Administration. An experienced probate attorney can review the assets and liabilities of the Decedent and determine the appropriate course of action. However, if an Estate is required, the first step to opening one is determining who will serve as the Personal Representative.
What is the Difference Between an Administrator and an Executor?
Administrator is the term given to a Personal Representative who probates an Intestate Estate. An Intestate Estate is one where the Decedent dies without a Will, and the assets will pass according to the Pennsylvania Laws of Intestacy, as set forth in the Probate, Estates, and Fiduciaries( PEF) Code.
Who is eligible to serve as a Personal Representative?
Any competent individual over the age of 18 is eligible to serve as a Personal Representative. If the Decedent had a Will, the individual( s) listed as Executor will be given priority in the order listed. If they are unable or unwilling to serve, a new fiduciary must be appointed.
If the Decedent dies without a Will, or the Will may be declared invalid, priority to serve as the Administrator is governed by Pennsylvania law, beginning with those entitled to inherit the Estate as named in the Will, the surviving spouse, and then next of kin. The law also authorizes a Creditor or“ Other Fit Persons” to serve as a Personal Representative in the event that beneficiaries or next-of-kin elect not to administer the Estate.
What is a Renunciation? A Renunciation is a document that relinquishes your right to serve as the Personal Representative. This would be required in cases where:( 1) You have been named as the Executor but do not wish to serve in the role;( 2) You are a
spouse who does not want to serve and instead wishes for a child( or other individual) to administer the Estate; or( 3) You are the child of a Decedent whose sibling will serve as the Personal Representative.
If I sign a Renunciation, can I still be a Beneficiary?
Renouncing your right to serve as a Personal Representative does not impact your rights as a Beneficiary. If you were entitled to inherit property of the Decedent, your rights as a Beneficiary will continue unaffected unless you execute a Disclaimer, which states that you are waiving your right to inherit.
What are the requirements for a valid Renunciation? Pennsylvania has a Renunciation form that contains all of the necessary information to properly renounce the right to administer an Estate. A valid Renunciation will clearly identify the Decedent and the identity of the individual who is renouncing. It may also nominate / identify the Personal Representative that the individual is renouncing in favor of. The form must be notarized, unless it is personally executed in the Office of the Register of Wills.
What Happens if I don’ t sign a Renunciation? There can be significant delays in opening the Estate if an agreement cannot be reached as to who will serve as Personal Representative, or if any eligible individuals fail to execute a valid Renunciation. The delay in swearing in a Personal Representative can result in delays obtaining date-of-death values, closing and transferring accounts, filing an inheritance tax return, and distributing property to heirs. These delays can result in the loss of beneficial tax discounts, and in some cases can result in additional legal fees, interest and penalties, thereby reducing the total amount available for distribution to the heirs.
The experienced team at Covelli & Piscione Law Offices has been helping loved ones navigate the Probate process for decades. We can assist in identifying whether you need an Estate, and obtaining all of the necessary documentation in order to comply with Pennsylvania Probate rules. Our team can help reduce the stress and increase the efficiency with which you can settle the property of the Decedent, so you can focus on legacy— not legalities.
Attorney Natalie Piscione is a member of the National Academy of Elder Law Attorneys, and has been providing Estate Planning and Estate Administration legal services for nine years. The team of attorneys at Covelli & Piscione Law Offices is experienced in several areas of the law. For more information, call 412.653.5000 or visit covellilaw. com.
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