What Do I Do with the Will When A Loved One Passes Away?

When you experience a death in the family, the details of wrapping up the loved one’s legal affairs can seem overwhelming. One of the first questions that many people ask after the death of a loved one is, “What do I do with the Will?”

“What do I do with the Will?”

The short answer to this question is that the original Will (not a copy) is vital to the administration of an estate. Once this original is located, it should be taken to an attorney for review, along with any information you have on your loved one’s finances and liabilities. The purpose of this visit to an estate administration lawyer is to determine whether probate is necessary.

In many cases, in order to administer an estate, the Will must be probated. This means that it needs to be filed with the Register of Wills under the auspices of the Orphan’s Court at the Court of Common Pleas in the County where the decedent was living at the time of death.

What is Probate?

Probate is the process of liquidating estate assets, paying estate debts and taxes, and ultimately ensuring that the beneficiaries and survivors incur no future liability on the money they receive from the estate.

But probate is not always necessary, and avoiding probate can save time and money. A good estate administration attorney can help you determine whether the Will should be probated or not. Accordingly, if someone in your family has passed away recently and you’re attempting to figure out what to do with their Will (or in the absence of a Will, what to do with their assets and liabilities) then contact the Cornerstone Law Firm. Our attorneys can help you to figure out what to do with the Will, whether to probate the estate, and how to maximize the value of the estate to its beneficiaries.

Contact us today for a free consultation on your estate so we can help you handle these details during your time of loss.

What is Probate?

When a loved one passes away, the details can be overwhelming. Those left behind are suddenly confronted with a myriad of strange vocabulary to learn and figure out what to do with. One common word that you’ll begin hearing is “Probate.” So, what is probate, and do you need an attorney to help you with it?

Probate is the process of filing the will of a deceased loved one with the court, gathering their assets, paying off their liabilities, filing taxes, and closing out their estate. Simply put, probate is the court process that oversees the administration of an estate.

probate

The Purpose of Probate

The purpose of probate is to ensure that all of a deceased loved one’s debts are paid, and to make sure that their assets can be passed to their loved ones (“beneficiaries”) without any legal liability passing to their beneficiaries.

The Requirements of Probate

Probate requires that debts are paid in a certain order pursuant to a Pennsylvania statute, and limits the types of claims that can be brought against the person who has passed away. Probate also requires filing of tax returns to pay the Inheritance Tax for those who receive an inheritance from the person who passed. Usually, the estate pays this tax to avoid beneficiaries being saddled with the bill, although this depends on the Will.

Navigating the Probate Process

The Probate process can be confusing and, because it can be expensive, it is not always necessary to go through. A good Estate Administration Attorney will help you to see if there is any way to avoid the probate process altogether, as well as the fees and costs associated with it. However, in many cases, probate is required and is unavoidable.

If you know someone who has recently passed and you are trying to figure out how to administer their estate, call the Cornerstone Law Firm for a free consultation. We’ll be happy to sit down with you and discuss your options and to figure out the best way to administer your estate.