While being placed in charge of a loved one’s estate can be an honor, it is also a daunting task, requiring extensive paperwork and items to be addressed. Whether your fiduciary role is that of the estate administrator, executor, or trustee, it comes with legal duties that must be carried out in a specific way. If you have never served in this capacity before, you likely have a lot of questions regarding the probate process.
At Wetzel Gagliardi Fetter & Lavin, LLC, we strive to put our clients at ease in the process of carrying out their duties as estate administrators/executors. We understand that your loved one admired your character and integrity, and we admire your willingness to take on this significant role. With over 30 years of experience helping fiduciaries, we are committed to helping you carry out your loved one’s wishes under the law.
Testate versus Intestate Succession
The first step in the probate process is determining if the deceased had a will or not at the time of passing. If your family member died with a will, this is known as dying testate, while dying without a will is known as dying intestate. If your loved one executed a will, this serves as a roadmap regarding which beneficiaries will receive estate assets.
If your loved one died without a will, then estate assets will pass to heirs under the laws of intestacy as defined under Chapter 21 of the Pennsylvania Consolidated Statutes. The probate process will remain largely the same, with the exception that the estate will likely have increased tax payments to pay to the government. Notwithstanding, you will still need to be appointed executor by the probate court to organize and distribute assets accordingly.
Estate Administrative Duties
Each estate is different, requiring different responsibilities of a fiduciary, some of which include:
- Arranging the funeral, cremation, or burial of the deceased
- Obtaining the death certificate and certified copies
- Meeting with an estate administration attorney who will represent the estate in all legal matters
- Locating all beneficiaries and charities and notifying them of their interests in the estate
- Cancel Social Security benefits
- Locate all of the deceased’s bank accounts
- Contact the deceased’s current and former employers to determine if any pension or survivor benefits exist
- Obtain benefits payable to the estate or any payable on death (POD) accounts to a beneficiary
- Prepare a detailed list of the decedent’s assets
- Arrange for a valuation of any of the deceased’s assets, including real estate, personal property, cars, etc.
- Identify the balance of any outstanding debts
- File a final tax return for the deceased and an estate tax return
This is not an exhaustive list but is intended to inform you of the various items that must be tended to following a loved one’s passing. Our estate administration attorneys will guide you regarding the order in which tasks take priority. Our goal is to promote harmony within a family, so our attorneys are more than happy to answer any questions that your family members may have regarding the probate process.
Reach Out to an Estate Administration Attorney Today
If you have been appointed in a fiduciary role for your family member’s estate, our legal team is ready to assist you. To schedule a meeting with one of our estate administration attorneys, contact us by phone or online.
Practice Areas
Business Law Civil Litigation Elder Law Estate and Trust Administration Orphans' Court Real Estate Law