What are the procedures for opening probate for a small estate under PA state probate lawsI opened an estate for my father a few months ago and just today recieved the social security check that he was owed(15k). I unfortunately and due to financial restraints did this without a lawyer. I did not know that PA has a small estate procedure, is there anyway that I can remedy this and go through the small estate procedure instead???? Please help Attorney answers (3)Best Answer - chosen by asker
You can either file a Petition to Settle as a small estate, or finish it up under the normal process. In this situation, an informal accounting and a family settlement agreement might be the simplest and fastest thing to do. Either way, you'll have to file an inheritance tax return.
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I believe that you can petition the court to order the money to be assigned to you. The relevant statute provides:
ยง 3102. Settlement of small estates on petition. When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $25,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require. The statute suggests that the small estate proceeding should be available, whether Letters of Authority have issued or not. The link to the site posting this information is: http://lawdigest.uslegal.com/wills-and-estates/... Best of luck to you! James Frederick
Call the Register of Wills office in your county and explain the situation. Most counties have people in the office who are very knowledgeable about the small estate process and can help you to convert your estate into the small estate resolution process if you are eligible.
Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship. Good luck! Find Tax Lawyers |