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What is Probate?

Written by: Lloyd Alfred Welling

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Estate Planning Probate

Posted over 2 years ago. Applies to Pennsylvania, 0 helpful votes, 0 comments

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Executor/Administrator?

An Executor/Executrix is the person designated and appointed in a Decedent's Last Will and Testament to oversee the timely administration and disbursement of the person's estate. An Administrator/Administratrix, while conceptually serving in the same capacity as an Executor/Excutrix, is the title given to the person designated and appointed to oversee a Decedent's estate when the person died without having made a Last Will and Testament. Persons entitled to serve as the Administrator/Administratrix are prescribed by Pennsylvania statute. Preference is given to the class containing the Decedent's nearest living next of kin; i.e. spouse, children, siblings, etc. The probate process is typically initiated at the Register of Wills Office located in the County where the Decedent was domiciled.

Does and Executor/Administrator need to hire an attorney to probate an estate?

While the process of administering a Decedent’s Estate is conceptually a simple matter, i.e. the Decedent’s assets are marshaled and collected, his or her debts and death taxes are determined and paid, and then the remaining assets are distributed to the Decedent’s heirs, on a practical level the administration of an estate can involve a number of complexities. For example, not all of the property in a Decedent’s Estate is necessarily subject to probate. Often, a Decedent’s assets may be gathered and distributed to his or heirs without the formality of probate. Such a determination is generally made based upon an examination of the size of the Decedent’s Estate, the type of property in the estate and the type of ownership interest held by the Decedent in the property. Because such an examination can often involve complex legal analysis, it is generally advisable for an Executor or Administrator to consult with or retain an attorney prior to opening a Decedent’s Estate.