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ELDER CARE
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ESTATE ADMINISTRATION : FREQUENTLY ASKED QUESTIONS
What is “ probate ”? What does it mean to be an Executor ? Do I have to go to Court to handle an Estate ? How quickly do I need to open an estate when someone passes away ?
These are some frequently asked questions that we receive from
individuals who have lost a loved one and are not sure what to do next . One of the first things we tell clients during this process is that there is not a specified timeframe in which an estate must be opened after someone dies . Unless there is an urgent reason to open an estate , we generally tell folks to take the time to mourn their loss , and then later contact our office to discuss administration of the estate .
When we do receive a call from the person or persons who end up in charge of their loved one ’ s estate , our conversation often begins with many questions . The first question we often hear is : “ What is probate ?” Probate is the legal process by which assets of a decedent are administered through an Executor / Administrator by paying any outstanding debts , filing an inheritance tax return , and distributing the decedent ’ s assets to their appropriate heirs . The probate process does not necessarily mean a court process where a judge is deciding the estate matters . Families are often surprised to learn that they can settle estate administration informally without the necessity of court action .
Another question that we see frequently is : “ I am the Executor . What does that mean ?” If you are named the Executor in another person ’ s Will , you are responsible for handling the estate administration process to ensure that all assets are distributed pursuant to that person ’ s Will . For someone who dies without a Will , an “ Administrator ” must step in to handle that person ’ s estate and distribute assets pursuant to the intestacy laws in Pennsylvania . These are a set of laws that exist and determine which person ( s ) will receive assets from an estate when a person dies without a Will . The Executor / Administrator is tasked with handling the estate ; however , this person is permitted to obtain legal counsel to assist throughout this process .
The Executor / Administrator must be officially sworn in to handle the estate at the county courthouse where the estate is being opened . For many serving in this role , this is the only trip that is necessary to the courthouse . An oath is administered to this person or persons , and they receive short certificates from the court . These certificates are official documentation that an Executor / Administrator has the authority to administer assets of a decedent ’ s estate .
Another frequent question that we receive is : “ Do I have to hire an attorney to handle the estate ?” The short answer to that question is no . However , it is extremely common at the end of the process for an Executor / Administrator to tell an estate attorney , “ I do not know how I would have handled this without your guidance .” It is important to note that the cost of an attorney is a deduction for Pennsylvania inheritance tax as well as income tax . We often hear from clients that this is money very well-spent , as the estate administration process is difficult to navigate without specific guidance .
The first step for a new client in the estate administration process is to schedule a consultation to discuss the estate , specifically all assets and debts that are part of the estate . Sometimes it may not be necessary to open an estate at the county courthouse , but that will be determined in this first meeting . At Zacharia Brown , we have continued to safely serve our clients during the COVID pandemic by utilizing various meeting options , including in-person , phone and Zoom / Google Meet conferences . One important note … some local counties are now requiring appointments to have estates opened , which is a new procedure due to the pandemic .
Our goal in assisting clients with estate administration is to provide guidance each step of the way to ensure that the wishes of your deceased loved one are honored .
Jennifer Derby is an associate with the elder law firm of Zacharia Brown PC where she concentrates her practice in the areas of estate law , estate administration , trust and estate planning , and business planning for small business clients . Zacharia Brown is one of the oldest , most established elder law firms in western Pennsylvania . Pittsburgh-area office locations include McMurray , McKeesport and Wexford . Phone : 724.942.6200 . Website : www . pittsburghelderlaw . com . Email : jennifer @ pittsburghelderlaw . com
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