Probate is the process where the family or designated Executor of a deceased individual obtains permission from the Register of Wills to act on behalf of the deceased. Unless you have been through this process before, it can be difficult to know what to expect.
Every estate is different, but there are certain standards that can help people understand what to expect after a loved one dies and when the estate can be put to rest.
Understanding the timeline for probate in Pennsylvania
Many estates in Pennsylvania require between 15 and 18 months to complete the probate process. While not every estate requires that much time, proper estate administration is crucial to ensuring that all of the heirs are treated fairly and have finality in the process. No matter how the estate proceeds, the estate representative is charged with gathering assets and determining debts before making a final distribution.
Some factors that may impact the timeline for administering estates are:
- Numerous and diverse assets take more time. Ill-maintained real property can take time to get cleaned up before it is listed for sale;
- A properly-drafted and executed Will or estate plan can greatly simplify estate management and may avoid family tensions. Alternatively, a poorly-executed Will can lead to legal challenges and obstacles.
- Significant and diverse creditor claims take more time as well. While it is common to leave some debt, it is more difficult to deal with several different companies and negotiate resolutions of past-due balances. These debts can also cause significant hardship, particularly if they impact home or vehicle ownership.
The greatest factor in Pennsylvania’s estate administration process is the inheritance tax return. Inheritance tax returns are to be filed within 9 months of a person’s passing, and it takes approximately 6 months to receive approval from the Department of Revenue. Making distributions before paying debts and dealing with the inheritance tax return can jeopardize those distributions and impact clean title to real estate.
What happens during probate?
The probate process begins with a petition to the Register of Wills to open the estate. After the Register of Wills affirms the authority of the estate representative, the estate representative must then send notice to creditors and other interested parties, including named beneficiaries or likely heirs.
After collecting assets and receiving creditor claims, estate representatives pay debts and tax obligations. Finally, once clearance has been received from the Pennsylvania Department of Revenue and remaining obligations have been fulfilled, estate representatives can distribute the remaining property in the estate to heirs or beneficiaries.
Those concerned about administering a loved one’s estate or whether an estate needs to be probated should consult with a probate attorney. Having legal guidance can take some of the risk out of estate administration and help beneficiaries or heirs understand their legal rights as well.