Probate Law Cases

Our deepest sympathies extend to anyone who has recently lost a loved one. Adding to the emotions are questions about death taxes and other legal implications. We’re here to help. This brief list of frequently asked questions may provide some guidance and address the more common topics that most callers wish to better understand. Things may be troubling enough right now, so do not hesitate to call us for a free consultation or send a message through our consultation request form. 

For additional information and further reading about Probate, Inheritance Taxes, and more for all 50 states, visit our friends at: https://probatestars.com.

Is Probate Always Required?

Often the answer is yes but in some cases no. Probate might be avoided if the person died owning very limited assets. Probate may also be avoided when a married person dies survived by a spouse, and all assets pass to the survivor by operation of law. Caution though, the question of whether probate is required – or necessary - is very fact sensitive. That’s another reason we offer free consultation to better answer questions arising in your particular situation. 

How Long Does Probate Take?

The process usually takes from nine (9) to eighteen (18) months when the estate is uncontested – meaning that no beneficiaries or other parties have raised challenges to the will or the administration. In some cases, certain estate property might be transferable before the administration is completed.

What Happens If a Person Dies Without a Will? 

A person who dies without a last will and testament has passed away “intestate,” therefore the estate must be administered under the Pennsylvania intestacy laws. These laws set forth the process to determine who will serve as the administrator, the persons entitled to receive the estate property, and more. 

Can I Use a Power of Attorney to Open an Estate? 

No. The moment that a person dies, any powers that he/she may have granted under a power of attorney are extinguished. 

What Is the Difference Between an Executor and a Personal Representative? 

An executor or executrix is usually named in a person’s will, while a personal representative (or administrator) is appointed in cases of intestacy. 

What Does an Executor (or Personal Representative) Do? 

No matter the title, it is this person’s job to carry out the provisions in the will, or as required under Pennsylvania intestate laws. This person has many duties, including managing all estate property and protecting all estate assets. Some examples are opening an estate account to hold monetary assets, conducting inventories of safety deposit boxes and other assets, maintaining the insurances and taxes on real estate, identifying and securing stocks and marketable securities, ensuring that applicable inheritance taxes are paid, and much more. Ultimately, it is this person’s job to carry out the administration of the estate to completion. 

How is the Pennsylvania Inheritance Tax Calculated? 

Pennsylvania inheritance tax is calculated based on the net value of the estate. First the gross value of the estate is determined. This includes adding up the value of all assets, cash, real estate and personal property. All allowable debts and expenses are deducted from the gross amount to calculate the net estate that is subject to tax.

How Much Is the Pennsylvania Inheritance Tax? 

The amount of Pennsylvania inheritance tax required to be paid depends on the tax rate applicable to the person receiving any money or assets. At present, there is no Pennsylvania inheritance tax on assets that pass to the surviving spouse of the decedent. Assets passing to children of the deceased are taxed at the rate of 4.5%. Assets passing to brothers and sisters of the deceased (siblings) are subject to a rate of 12%. Assets passing to any other persons, such as friends, cousins, nieces, or nephews of the decedent, have the highest tax rate of 15%.

When Is the Pennsylvania Inheritance Tax Due? 

The due date for Pennsylvania inheritance taxes is nine (9) months of the date of death. A properly completed Pennsylvania inheritance tax return is usually submitted with payment. The tax return sets forth the assets of the estate, schedules of assets, expenses, allowable deductions, and the amount subject to tax. A five percent (5%) discount is available if payment is made within ninety (90) days of the date of death. 

What Is the Federal Estate Tax? 

The Federal estate tax only applies to larger estates with value in the millions of dollars. As of this writing, the federal estate tax excludes up to $23.4 million for married couples, and $11.7 million for individuals. Therefore, unless the decedent passed away with quite a bit of wealth, there is no need to worry about the Federal estate tax. 

Questions about Pennsylvania probate, estate administration and inheritance taxes are very fact sensitive. We wish we could explain every nuance and detail more fully in our articles, but it’s simply not possible. We welcome you to read the several other articles on this topic available free on this website. Better yet, call us for a free consultation at (724) 755-4284 today. We look forward to helping you through this challenging time. 

For additional information and further reading about probate, inheritance taxes and more for all 50 states, visit our friends at: https://probatestars.com.

IMPORTANT: Every case is unique in its facts and circumstances. This article is for general information purposes and is not intended as legal advice for any particular case. We recommend consultation with a lawyer of your choice who can perform a thorough analysis of your situation and the particular rights and remedies that may apply.

©David J. Puzak, Puzak Law Offices, LLC

Handling probate matters on your own can be a daunting task. Here's why seeking professional legal help from Puzak Law Offices LLC can make a difference:

• We offer emergency consultations and are willing to travel to you
• We ensure all documents are filled out and filed correctly and promptly
• We provide advice on complex legal matters, including death taxes
• We use our extensive knowledge of probate law to expedite the process
• We help prevent and resolve any disputes that may arise during the probate process
• We operate on a no-win, no-fee basis for injury or wrongful death cases

At Puzak Law Offices LLC, we pride ourselves on our commitment to our clients. As a locally owned firm, we understand the specific legal landscape of Indiana, Fayette, and Westmoreland counties in PA. Contact us today to take the first step towards resolving your probate matters.