When someone you love has passed away, you’re confronted with many difficult decisions, and an estate process that can feel very complicated. If the person that you love passed away while living in Schuylkill County, here are the first three steps you’ll need to take to open an estate and probate their will.
1. Determine Whether Your Deceased Loved One Had a Will
The first question to answer is whether the person who died had a will or not. Although wills are very important, not everyone has one when they pass away. If they had a will, the process is usually easier and more straightforward. The will tells you who’s in charge of the estate (that is who the “executor” is), as well as who will inherit the possessions, money and property left behind in the will.
If your loved one did not have a will, however, you are left without this road map. Don’t be afraid: Pennsylvania law provides, by statute, who will inherit and who will be in charge of the estate. This statute is called the “Intestate Statute,” and gives detailed instructions on how such an estate will be processed. A good probate attorney can help walk you through figuring out who is in charge of the estate, and how to make sure that process goes smoothly.
2. Open an Estate in Pottsville
Once you’ve determined whether there’s a will, it’s time to open an estate in Pottsville. This is known as the “probate” process. Probating a will includes drafting something called a “Petition for Grant of Letters” and attaching the will. If there is no will, then other documents can demonstrate the proof that you are the proper person to open the estate and begin the probate process. In Schuylkill County, this petition is presented to the Schuylkill County Register of Wills. The Schuylkill County Register of Wills office is in the courthouse in Pottsville on the second floor.
3. Gather Assets and Liquidate the Estate
We’ve written in depth about this process elsewhere, but once an estate is opened through the probate process, you can begin gathering the assets, selling them as necessary to pay debts, and ultimately distributing the remainder of the estate to the beneficiaries. This process involves carefully ensuring that you are complying with the law. This includes paying taxes, paying creditors in the proper order, disputing claims filed against the estate as necessary, and occasionally seeking court orders for the transfer of real estate and other possessions.
The estate typically requires about nine months of work, though many executors are able to finish the process faster. The process ultimately culminates in filing a REV-1500 form, known as The Estate Inheritance Tax Return Form.
At Cornerstone Law Firm, our probate attorneys are able to help you in Schuylkill County. We will go with you to the Register of Wills in Pottsville and file documents with the Department of Revenue. We can assist throughout the rest of the process in providing advice, helping you to sell real estate, and properly valuing items belonging to the decedent. If someone you love has passed away in Schuylkill County and you need help processing their estate, call Cornerstone Law Firm for a free consultation today.