Delaware County probate lawyer Michael Malarick has been helping the greater Philadelphia and Delaware County communities as a probate attorney for over 27 years. As a probate lawyer in Delaware County, Michael Malarick helps citizens with their property and estate and issues. If you are in need of a probate attorney in Delaware County, call our law office today for a free consultation.
Probate Lawyer in Delaware County, PA – What Happens To My Property When I Die?
As a probate attorney in Delaware County, PA I can help you and your family settle property issues after there has been a death in the family or close friend. If you live in Aston, Upper Darby, Philadelphia, Brookhaven, Collingdale, or any other Delaware County Pennsylvania town, your property will pass through the probate process. If you die with a Will (testate), your property will be distributed according to the provisions of your Will. If you die without a Will (intestate), your property will be distributed according to Pennsylvania’s probate laws.
Whether you die with a Will or without a Will, your property will have to pass through probate.
Probate Attorney in Delaware County – Four steps in the Pennsylvania probate process:
- The court or Register of Wills appoints a personal representative to administer the Estate. This is the executor or executrix named in your Will. If there is no Will, the court appoints an Administrator of the Estate. Those able to be named as an Administrator is established by the PA. Probate statute. The Administrator can be your surviving spouse or children.
- The personal representative, whether Executor or Administrator, will gather and inventory your property. Your property includes your assets, such as, real estate (your home), bank accounts, cars, stocks, etc. Your property also includes your liabilities, such as, debts, taxes, funeral expenses, etc.
- The personal representative will pay your debts out of the proceeds of your estate. The personal representative will also maintain your Estate by, for instance, paying your Home Owners and automobile insurance, and any Estate taxes. Generally, the personal representative will obtain a separate tax identification number for the Estate and open a separate Estate checking account.
- The personal representative will next distribute the remainder of the Estate. This distribution will be according to the terms of your Will or according to the Pennsylvania’s Probate statute.
Contact Our Delaware County Probate Lawyer Today
If you have any questions about the Delaware County Probate process, contact Delaware County probate lawyer Michael Malarick. An experienced Delaware County probate lawyer Michael will prepare your Petition for Probate, advise what assets can skip the probate process and whether you can file through the quicker and less expensive Small Estate probate process. Contact our probate lawyer in Delaware County now for a free consultation.
Other Areas of Practice
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