The death of a loved one is one traumatic experience. Everyone connected with the person has to suffer the loss of life, grief, and confusion about carrying on with their lives.
The especially applies to situations when there has been a sudden or accidental death. Friend and family are just met with a shock, but the law requires them to perform certain tasks. One such crucial work includes submitting the deceased’s estate to probate. This is followed by the administration of the estate.
Testate vs. Intestate
In Pennsylvania and other states, if the person passes away who has already created a will in his life, he is considered to die testate.
In contrast, if the person has died without creating a will or any such document, he is considered to die intestate.
Administering the Estate
If the person has died Testate, the beneficiaries need to prove the validity of the will. The process involves introducing the will into the respective court.
Now that the will is probated, the executor, as per the will, is given the task of supervising the will and making sure that the assets are passed on as the deceased wanted them to.
The executor or administrator also ensures to pay back all the lawful debts in the name of the creator of the will.
If the person has died Intestate, that is, without any will in place, the assets are then bought into the court’s administration. The court itself would appoint an executor over the estate. The law of the estate would provide the direction and guidance for the distribution of assets.
Issues that Complicate the Estate
Following issues might arise in the process, thus causing complications in the estate:
- The dispute among the beneficiaries over the validity of the will
- Trusts that take the assets out of the probate
- Property that does not go through probate
A Knowledgeable Attorney is a Solution
If you are going through a similar phase or witnessing a loved one going through any state of confusion, we have got you covered.
Fortunately, a knowledgeable estate planning attorney can do the work for you. Contact Keystone Asset Protection and Estate Planning today and choose the best for yourself.