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My Mom passed away in Dec. 08 in PA. As Executrix of the will, I would like some advise as to probating the will. Her estate is

Asked about 3 years ago - Pittsburgh, PA

very small and her liquid assets will surely take care of her debts with little left over.
1. Should I open an estate account?
2. We share a check/saving account with a balance of about $1000.
3. She died in Butler county in a hospice, and her residence was in Allegheny county. If I have to probate the will, which county do I submit the paperwork.
4. I do not want to have to relay on an attorney to do this legwork. How can I get started by myself.
5. What type of taxes will have to be paid.

Additional information
6. Income Taxes - Fed and State -- how do I handle this process.

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Attorney answers (1)

Douglas L. Kaune

Reputation Level 10

Answered about 3 years ago. Probate Attorney in Phoenixville, PA.

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I would like to answer a few of your questions and hopefully the answers will give you an idea of how to proceed.

Probate would be established where her primary residence was located. The real question is whether she established Butler County as primary residence or if it was just intended to be temporary.

Probate is required to access assets in your mother's name alone. If there are no such assets then you might not need to probate the will. It is important for you to make this initial determination because one the probate process is initiated you will be required to perform certain tasks and pay certain fees that you could possibly have avoided.

Even if there are assets in your mother's name alone you should decide if it is prudent to probate the estate. If the expenses are definitely greater than the assets you might determine that the process might be cost prohibitive. It would then be up to the creditors to go after the estate assets separately.

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