When the probate process begins, the court appoints an individual to handle the administration of the estate. If there is a Will, the executor named in the will is usually appointed. If there is no Will, the court can appoint a next of kin or another personal representative to handle the administration of the decedent’s estate.
Is probate required for all estates?
The number of assets in a decedent’s estate can dictate if the probate process is required prior to the distribution of assets to the rightful beneficiaries. Some assets that can go to a surviving spouse and/or child without probate can include:
- Up to $10,000.00 in a bank account
- Up to $5,000.00 in wages paid by an employer to the employee’s surviving spouse or dependents
- Life insurance benefits up to $11,000.00
What are the responsibilities of an executor or personal representative?
The executor or administrator distributes and closes the decedent’s estate, he or she can be responsible for the following tasks:
- Assemble all of the decedent’s assets and take an inventory.
- Pay all of the estate debts in the proper order of priority.
- Distribute the assets. If the decedent died with a will, the executor can distribute the assets to the beneficiaries as indicated within the will. If the decedent died without a will, the assets must be distributed in accordance with statutory law.
Contact our Montgomery County probate attorneys
Friedman Schuman Layser provides legal services to clients in Pennsylvania for all of their Estate Administration and Estate Planning needs. Estate administration can be very complex, time-consuming, and document-heavy. The probate process deserves the attention of a knowledgeable legal team, as it can quickly become complicated. Friedman Schuman Layser has over 40 years of experience guiding clients towards closure after the passing of a loved one. Contact the MontCo probate attorneys at Friedman Schuman Layser today to discuss your legal needs.