Western Pennsylvania's Trusted Law Firm for Probate and Estate Administration
We Are Western Pennsylvania's Top Probate Law Firm
Your Mom or Dad just passed away. There is one BIG question...
"What is Probate?"
Probate is the act of proving that the Will is valid and true. This occurs at the Register of Wills at the Courthouse of the County where the person who passed away lived. People often incorrectly use the term Probate to refer to the entire process of administering the Last Will and Testament. The overall process is Administering the Estate. Probate is just one of the many steps required to formally carry out an Estate Administration.
When is Probate Required?
If a person died and owned assets in their name only, then Probate is likely going to be required. Exceptions to this are when the assets have a Beneficiary Designation or Transfer on Death Designation on them. For example, an IRA with a beneficiary listed will not be required to go through Probate. However, a house that was owned by the person that passed away will need to go through Probate unless the house was transferred into a Trust during their lifetime. There are a few exceptions, but generally if a house is involved or the total assets are over $50,000 then Probate will be required.
If assets were transferred to an individual, then this could avoid probate. However, this is very likely to incur capital gains tax. Capital gains tax (on average) is around 4x higher than inheritance tax in Pennsylvania. Adding family members to accounts or transferring assets to them during lifetime most often creates a new set of expensive problems for them.
Need A Little Guidance?
We created our Estate Administration Checklist to help you out. Just give us your best email address and we will send it you right now.
Need A Little Guidance?
We created our Probate Checklist to help you to get the estate opened. Just give us your best email address and we will send it you right now.
How Do You Start Probate?
First, locate the original Will. Once the Will is located, it is important to determine if it is Self-Proving. Next, it must be determined if the named Executor is willing to serve or not. Beyond this, it is important to understand if the Will waives the need for Bond and if it gives all of the required powers to the Executor.
Then the Petition for Probate and Grant of Letters Testamentary must be prepared. This formal Petition is then presented and filed with the Register of Wills. If the Register of Wills has no issues, then the person named in the Will as the Executor is sworn into their position as Executor of the Estate. The Register of Wills will issue Letters Testamentary and Short Certificates.
You Probated The Estate and Got Sworn In...
"What Do I Do Next To Administer The Estate?"
Now that you are sworn in as the Executor or Administrator, you simply have the authority to administer the Estate. Formal notice must be given to Heirs, Beneficiaries, and Creditors of the Estate. Then comes the Inventory of Assets and filing it with the Court. Next, you must calculate the Estate and Inheritance Taxes. The Estate and Inheritance Tax Returns must be prepared based on the taxes due. Make sure the taxes are paid and the returns are filed. Don't forget that Pennsylvania allows for an Inheritance Tax Discount of 5% for quick payment!
After this, you must address the Debts and Expenses of the Estate. Nearly every Estate has debts. These could be Funeral Expenses, Medical Bills, Mortgage Payments (also include Utilities and Local Taxes), Credit Card Balances, and other obligations. Careful attention must be given to the order that the Debts and Expenses are paid. Pennsylvania has a clear hierarchy of Debts and they must be handled in order.
After the Debts of the Estate have been paid, the Beneficiaries and Heirs must be determined. The Assets to be inherited are to be finalized. The Executor can elect to file a Formal Accounting with the Court. Some Executors decide not to do this and move forward with a Family Settlement Agreement instead. Either way, the purpose is to show that the Executor acted within their duties and to prepare to Settle the Estate. Once the Beneficiaries, Heirs, and Executor have signed the agreement, the Executor may disburse the Estate Assets.
On average, the Estate Administration process takes 18 months. It is difficult for it to be legally completed in less than 12 months. Estates that go beyond 18 months are due to families that haven't made it a priority, or where there are multiple pieces of real estate that are slow to sell.
Sometimes A Checklist Can Help
We created our Probate Checklist to help you with what to do next. Just give us your best email address and we will send it you right now.
What If There Isn't A Will?
When a Will does not exist, Pennsylvania has a path forward. The Estate is determined to be Intestate. This means that the Statutes will control who inherits and who can be appointed as the Administrator.
The Administrator is appointed by the Register of Wills. It has the same duties as the Executor. The difference is that the person that passed away doesn't have a say in who the Administrator will be.
What If The Will Isn't Self-Proving?
If the Will is not Self-Proving, then additional documents must be provided to the Register of Wills. The process changes based on if the Testator properly signed the Will on two separate pages or not, if the Witnesses are not part of the Will and signed correctly, and whether the Notary properly notarized the Will.
There is always a way forward, but it is important to know how to present all of the proper documents to the Register of Wills.
The Executor In The Will Doesn't Want To Do It, Now What?
If the named Executor in the Will does not want to take on the role, there are options. They may not want to be Executor for a number of reasons. Many people do not want to be Executor because of the work involved.
Ultimately, the Executor is fully responsible for the administering the estate properly and in accordance with all of the Statutes. The named Executor may formally renounce their duties to the next person named in the Will.
Do You Guide Executors Through Administering the Estate?
Yes! Executors partner with Zihmer Law Firm to make the Estate Administration as easy as possible. Our team prepares and files the documents. Your Attorney will handle the Inheritance Tax Return for you.
We are here to take the legal burden off of your shoulders. Just because Mom and Dad named you as the Executor doesn't mean that you have to do it by yourself.
When you work with Zihmer Law Firm, we don't tell you what to do next...we do it for you.
The FREE Discovery Call is a 30 minute meeting for us to see if we should work together. Our goal is to help you understand the next steps and your role as Executor (or Administrator). We will provide you with a range of fees for our packages during the call. There is no obligation to move forward after, but should we be a good fit then we are happy to have you engage our firm.
We are the leaders for Probate and Estate Administration.
Don't take our word for it, see what others have to say for themselves!
The FREE Discovery Call is a 30 minute meeting for us to see if we should work together. Our goal is to help you understand the next steps and your role as Executor (or Administrator). We will provide you with a range of fees for our packages during the call. There is no obligation to move forward after, but should we be a good fit then we are happy to have you engage our firm.
What are some questions that I should ask?
Here's everything that we get asked all of the time.
Do you focus on estate administration?
We sure do! Our practice is exclusive to estate planning, probate, and elder law. If the neighbor's dog bites you or you are in a car accident, call us - and we will partner you with a fantastic attorney.
Our team has spent years perfecting estate administration and probate for YOU!
I thought a will avoided probate, why do you say this needs probated?
Unfortunately, wills don't avoid probate - wills guarantee probate. Fortunately, our team handles probate on a daily basis and provides you a streamlined experience. We guide you every step of the way and make it as easy as possible for you.
The only asset is a house, this should be easy.
In Pennsylvania as soon as real estate is involved, you must go through probate and the full estate administration process. Other states have a tiered approach. Pennsylvania requires probate anytime real estate is involved or when total probate assets are greater than $50,000.
My parents lived in Pittsburgh, but I'm out of state, is that a problem?
It isn't a problem at all. Many of our clients are in the same situation. Nearly all counties require you to attend probate in person. Provided you can make one trip to Pittsburgh, we can get it all handled. Had it been in a trust, travel to Pittsburgh could have been avoided altogether. Once probated, everything we do can be done virtually or through the mail.
I think there are substantial debts. What do I do?
Let's have a discovery call and determine what next steps make sense. When the estate has more debts that assets, there are limited options. Meeting with us as a first step can alleviate problems down the road.
Oftentimes, clients have a strategy meeting with their attorney to craft a plan for these estates to make the easiest path forward possible.
My spouse died and the house was in their name. Do I need to probate?
Unfortunately, yes. Please reach out to us and set up your discovery call. We will work to understand any other assets in their name and design a plan to help you.
This happens more often than you might think and you aren't alone. It is important that we understand if there is a will or not. If there is not a will, the children of your spouse may be heirs. This can become more complicated if they are minors.
How much is Pennsylvania inheritance tax?
Your inheritance tax rate is dependent upon your relationship to the person that passed away. Spouses have a 0% tax rate. Children of the decedent have a 4.5% tax rate (as do other lineal decedents). Siblings inherit at a rate of 12%. Other heirs including friends and partners have a 15% inheritance tax.
The Johnson Estate Fee schedule is expensive! Is that how you price this?
This is why people love working with us. We never use a percentage of assets like the Johnson Estate Fee schedule. Our team builds a custom proposal based on the work involved and NOT the value of the assets. We don't take a higher fee because the IRA has a larger balance or the house sells for a better price.
I started the estate on my own and now I'm stuck, can you help?
We absolutely can! Many people attempt to do this on their own and quickly get confused at trying to interpret the statutes. During our discovery call, we will understand what you have accomplished so that we can build a custom proposal that has the steps going forward.
Tracy Zihmer, Esq.
Founder and President of Zihmer Law Firm
Hi, I'm Tracy and welcome to Zihmer Law Firm.
Since you are reading this, that means one thing - you lost someone close to you. Myself and my entire team is here for you during this time. I've lost grandparents and I know one day I will be in your shoes when my own parents pass away.
Probate and Estate Administration isn't something that anyone wants to have to do. It means that you lost your Mom or Dad. The last thing that anyone wants to do is to figure out how to prepare a petition, go before the Register of Wills, and formally open the estate.
That's what I am here for - to guide you through the process and make it as easy as possible. I made this Probate Checklist for you. It will help you with the next steps.
Fair enough?
Tracy
PS - My Probate Checklist really is free - make sure you get your copy.
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