Macungie, PA Probate Attorney

What Is Probate?

Many people don’t learn about probate until they find themselves having to go through it. In Pennsylvania, probate is a process necessary to prove the validity of a will and carry out its contents. When the process is complete, a decedent’s assets can be distributed to their designated beneficiaries.

A common misconception is that if there is a will, probate isn’t necessary, but that isn’t true. Even if your loved one had a thorough will in place, probate will still be required in order for the estate to be settled and assets distributed according to the will’s instructions.

Can I Avoid Probate?

While probate can be avoided, the steps to do so must occur (in most situations) before a person passes away. Many people think that a will alone is enough to prevent probate, but unfortunately, that isn’t true. If your loved one had a comprehensive estate plan that includes a trust or owned all of their assets jointly, probate usually isn’t necessary; otherwise, it is typically required.

If the estate in question is worth less than $50,000, a simplified version of probate can be pursued. Our Macungie probate attorney can assess your situation and advise you on what to do next.

What Does Probate in Pennsylvania Involve?

In order to initiate the probate process, the deceased’s last will and testament (if they made one) must be submitted to the local county probate court within a certain time frame after death. The executor of the will oversees this process. If the will doesn’t name an executor, the court will appoint one. The executor is responsible for the following:

• Filing a petition to open probate
• Giving legal notice to creditors, beneficiaries, and the public
• Collecting, protecting, and inventorying assets
• Having assets appraised
• Settling debts with creditors
• Filing final tax returns
• Paying taxes (including inheritance tax)
• Preparing a financial accounting
• Distributing assets to beneficiaries
• Closing the estate

How Our Macungie Probate Lawyer Can Help

If you’ve been named as the estate executor, you might be feeling overwhelmed by the list of responsibilities that lie ahead of you. Probate isn’t a simple process by any means, and it can take up at least 6 months of your time, depending on the size and complexity of the estate.

Understanding what is required of you and carrying out those steps correctly can be challenging. Any mistakes made can leave you personally liable. We hate to see individuals like yourself caught up in lawsuits and tangled in legal complexities when you should be mourning a significant loss. 

Our Macungie probate attorney, Joshua N. Daly, has over 15 years of experience helping people in your shoes through the probate process. His guidance and knowledge can help you settle your family member’s estate as quickly and efficiently as possible.

Call Daly Law Offices Today!

If you’ve recently lost a loved one and know that their estate will have to pass through probate, Daly Law Offices can help. Call now to schedule a free consultation where we can explain your rights and responsibilities. Allow us to help you gain peace of mind during this difficult time.