Estate Administration and Probate

When someone passes away, a family is left with an emotional loss, and the last thing family members want to have to deal with is the legal complexities of administering an estate. At The Law Offices of Samantha K. Wolfe, we can serve as an experienced guide to help your family members resolve and administer your estate. Our mission is providing mindful legal direction for you and future generations, and part of that mission is ensuring inefficient administration upon your death.

An estate can be distributed via a beneficiary designation, joint ownership, trust ownership, or your last will and testament.

If an estate is distributed through the last will and testament, the estate must be probated. Probate is the process of going to the courthouse and having the personal representative appointed officially in order for the personal representative to have authority to distribute assets to the beneficiaries included in a decedent’s last will and testament. The probate process involves: (1) proving the last will and testament as a valid instrument, if there is a last will and testament, (2) identifying which assets are covered and distributed under the last will and testament, (3) providing unpaid creditors the opportunity to file claims against the asset, (4) paying fees to administer the estate and handle the property, (5) distribution of the assets according to the provisions of the last will and testament, and (6) distribution assets according to the Pennsylvania laws of intestacy, if the decedent had no will.

Additionally, Pennsylvania requires the personal representative to file an inheritance tax return when someone dies. Inheritance tax may be due based on the beneficiary’s relationship to the decedent. Surviving spouses are subject to inheritance tax but at a rate of 0%. Direct lineal descendants are subject to a 4.5% tax rate. Siblings are subject to inheritance tax at a rate of 12%. Any other descendent is subject to inheritance tax at a rate of 15%. An inheritance tax return is even required if there is a surviving spouse and there is no tax due because of the 0% tax rate, if the decedent had a retirement account.

The Law Offices of Samantha K. Wolfe strives to assist the personal representative in administering the estate as efficiently and effectively as possible. We are committed to helping you preserve your assets by employing tax minimization strategies that will ensure your future generations receive your estate as quickly as they possibly can.

Call (717) 655-2676

Contact us today to schedule a free initial consultation to discuss cost-saving strategies for your estate or if you recently lost a family member and need assistance handling the estate.