When a loved one passes away, family members are often left dealing with grief while trying to understand what happens next. Questions about wills, bank accounts, property, and outstanding debts can quickly become overwhelming.
Understanding the Pennsylvania probate process can help you take the right steps, protect your loved one's assets, and avoid unnecessary complications.
The Law Offices of Anthony Urban, P.C., helps individuals and families understand their legal options during important transitions. Here are three key areas to understand when handling an estate in Pennsylvania.
What Should You Do in the First 48 Hours After Someone Dies in Pennsylvania?
The first 48 hours after a death can be overwhelming. Along with notifying family members and making immediate arrangements, there are several important matters to consider. Taking time to locate key documents, understand your loved one's wishes, and secure their property can help prevent complications later.
Locate the Will and Other Important Documents
If your loved one had a will, try to locate the original document. It may be stored in a home safe, a filing cabinet, or an attorney's office.
Also, determine whether your loved one maintained a safe deposit box at a bank. The box may contain the original will, financial records, property documents, or other important papers. Contact the bank to understand its procedures for accessing the box after a death, as access may be subject to legal requirements.
Other documents worth locating include:
Bank and investment account statements
Life insurance policies and beneficiary information
Property deeds and mortgage documents
Retirement account information
Vehicle titles and outstanding debts
Recent tax returns
The will may identify the person nominated to serve as executor and explain how your loved one intended to distribute their property. Keep original documents secure and avoid removing or altering them.
Determine Funeral, Burial, and Other Personal Wishes
If possible, determine whether your loved one expressed specific wishes regarding funeral services, burial, or cremation. These wishes may have been documented in writing or communicated to family members before their death.
Consider whether your loved one expressed preferences concerning:
Funeral or memorial services
Burial or cremation
The disposition of cremated remains, including where they should be placed or scattered
Religious or faith-based customs and ceremonies
Other personal, cultural, or family considerations
These decisions can be time-sensitive, so communicating with immediate family members and reviewing any available instructions can help avoid misunderstandings during an already difficult time.
If family members disagree about arrangements, consider seeking guidance before the disagreement escalates. Written instructions and applicable legal requirements should be reviewed when determining how to proceed.
Notify Family and Secure the Property
Notify immediate family members and others who need to know about the death. If your loved one owned a home, take reasonable steps to secure it by locking doors and windows, collecting mail, and arranging for necessary maintenance.
Make sure pets and other dependents are cared for. Address urgent concerns such as water leaks, heating problems, or other issues that could damage the property.
Avoid distributing jewelry, personal belongings, or other valuable assets among family members before the estate's legal responsibilities are understood. Even well-intentioned decisions can lead to disputes later.
Obtain Death Certificates and Contact an Estate Attorney
Certified death certificates are commonly needed when dealing with banks, insurance companies, and government agencies.
You should also consider contacting a Pennsylvania estate attorney, particularly if the deceased owned real estate, had significant debts, left a will, or if family members disagree about the estate.
An attorney can help determine whether probate is necessary and explain which steps should be taken before assets are transferred or distributed.
What Are Letters Testamentary and Letters of Administration?
Before someone can formally administer a Pennsylvania estate, they generally need legal authority to act on its behalf.
Letters testamentary are issued to an executor appointed to administer an estate under a will. Letters of administration are generally issued to an administrator appointed when there is no will or when an executor cannot serve.
These documents establish the personal representative's authority to handle estate matters.
Why Are These Documents Important?
Banks, investment companies, and other institutions often require proof of appointment before allowing someone to manage assets belonging to the deceased.
Depending on the estate, a personal representative may need these documents to:
Access and manage accounts owned solely by the deceased
Collect money owed to the estate
Manage estate-owned property
Sell real estate when legally authorized
Pay valid expenses and debts
Complete required filings and distribute assets
Being named as executor in a will does not automatically provide unrestricted authority to access every account or distribute property.
How Do You Obtain Letters in Pennsylvania?
The process generally begins with the Register of Wills in the county where the deceased was domiciled.
The nominated executor or prospective administrator may need to provide the will, a death certificate, identification, and other required documents. Additional requirements, fees, or procedures may apply.
Once appointed, the personal representative must follow Pennsylvania law, protect estate assets, address obligations, and distribute property appropriately.
Obtaining letters is an important first step, but it does not complete the probate process. The estate may still require an inventory, tax filings, creditor payments, and other administrative work.
Probate vs. Non-Probate Assets in Pennsylvania: What Goes Through Court?
Not every asset associated with a deceased person must pass through probate. The distinction depends on how the asset was owned and whether a valid beneficiary designation or transfer arrangement applies.
What Are Probate Assets?
Probate assets generally include property owned solely by the deceased that does not have another legally effective way to transfer ownership at death.
Examples may include:
Bank accounts without payable-on-death beneficiaries
Individually owned investment accounts without transfer designations
Personal belongings, jewelry, and collectibles
Real estate owned solely by the deceased
These assets generally must be administered through the estate. The personal representative identifies the property, addresses the estate's obligations, and distributes what remains to the appropriate beneficiaries or heirs.
What Are Non-Probate Assets?
Non-probate assets generally transfer directly to another person through a valid beneficiary designation or ownership arrangement.
Examples may include:
Life insurance proceeds payable to a named beneficiary
Retirement accounts with valid beneficiary designations
Bank accounts with payable-on-death designations
Investment accounts with transfer-on-death designations
Certain jointly owned property with survivorship rights
For example, life insurance proceeds generally pass directly to the named beneficiary rather than through the ordinary probate process.
Real estate requires particular attention. Property held with a right of survivorship may pass to the surviving owner, while property held as tenants in common generally does not automatically transfer the deceased owner's share to the other owner. The deed and applicable law determine the outcome.
Why Does the Difference Matter?
A will does not necessarily control every asset a person owned. Beneficiary designations and ownership arrangements can determine who receives certain property, regardless of what the will says.
The distinction can affect how quickly assets become available, which procedures are required, and how the estate's obligations are handled. Non-probate assets are not automatically exempt from every creditor claim or tax consideration.
An estate attorney can review the will, account ownership, beneficiary designations, and property records to help determine which assets require probate.
Get Help With Pennsylvania Probate
Handling an estate after a loved one's death can be complicated, especially when you are unfamiliar with the legal requirements.
Whether you need help understanding a will, obtaining letters testamentary, or determining which assets must go through probate, reliable legal guidance can help you move forward with greater confidence.
Contact The Law Offices of Anthony Urban, P.C., to discuss your Pennsylvania probate questions and learn what steps may be appropriate for your situation.
This article provides general information about Pennsylvania law and is not a substitute for legal advice regarding a specific estate.