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Serving Philadelphia, Delaware County, Montgomery County, Bucks County and Chester County since 1996.
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Estate Administration Services
What is Probate?
Probate or "estate administration" is the process by which a deceased person's property, known as the "estate," is passed to
his or her heirs and
legatees (people named in the Will). Responsibilities ultimately fall on whoever was appointed executor or personal
representative in the deceased family member's Will. Matters can be a bit more complicated in the absence of a Will,
because it may not be clear who has the responsibility of carrying out these steps. The entire process usually takes
about a year. However, substantial distributions from the estate can be made in the interim.
The emotional trauma brought on by the death of a close family member often is accompanied by bewilderment about the
financial and legal steps the survivors must take. The spouse who passed away may have handled all of the couple's finances.
Or perhaps a child must begin taking care of probating an estate about which he or she knows little. And this task may come
on top of commitments to family and work that can't be set aside. Finally, the estate itself may be in disarray or
scattered among many accounts, which is not unusual with a generation that saw banks collapse during the Depression.
How We Can Help
Levandowski & Darpino will represent the personal representative of the estate both in situations where there is a Will or
an intestacy (which occurs when a person dies without having executed a Will). Our services include:
- Drafting and preparing all petitions, notices, reports, consents, receipts, accountings and inheritance tax returns
and other documentation required by law to complete the administration of the estate
- Preparing an inventory of assets of the estate that are subject to probate
- Discharging all liabilities of the estate
- Advising the client with respect to post-death planning issues, such as funding of trusts and distribution
of assets
- Providing the client with counsel and advice with respect to questions arising out of the administration
of the estate.
Considerations and Helpful Hints
It's quite common for surviving relatives to have emotional attachments to the tangible property of the deceased. To
minimize potential conflict over this property, anything you can touch, such as silverware, dishes, furniture, or artwork,
should be inventoried before the process of distributing it to family members begins.
Determine accurate values of each piece of property, which may require appraisals, and then distribute the
property as the deceased directed. If property is passed around to family members before you have the opportunity to take an
inventory, this will become a difficult, if not impossible, task. This inventory is especially important if the deceased
has not left instructions on how their property should be disbursed. Of course, this does not apply to gifts the deceased may
have made during life, which will not be part of his or her estate.
Second, take your time. While bills do
need to be paid, they can wait a month or two without adverse repercussions. It's more important that you and your family
have time to grieve. Financial matters can wait. (One exception: There is a 5% discount in Pennsylvania Inheritance Tax
if paid within 3 months of death.)
Third, when you're ready, meet with an attorney to review the steps necessary to administer the deceased's estate. Bring as
much information as possible about finances, taxes and debts. Don't worry about putting the papers in order first; the lawyer will
have experience in organizing and understanding confusing financial statements.
Next Topic - The Process of Administrating an Estate
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Call Us: (610) 446-9626
Fax Us: (610) 446-9985 |
Visit our offices:
17 Mifflin Ave. Suite 202
Havertown, PA 19083 |
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