Estate Administration & Probate

Estate Administration & Probate – Navigating Pennsylvania Estates with Ease

Learn how a Greensburg probate attorney can help settle an estate, handle debts and taxes, and protect executors from liability.

Guiding You Through Pennsylvania Probate & Estate Administration

The death of a loved one is hard enough without the added stress of navigating probate. Estate administration is the legal process of settling a deceased person’s affairs—collecting assets, paying debts, filing tax returns and distributing property. At Ally Legal Services, we represent executors, administrators and beneficiaries in Westmoreland County with compassion and efficiency. We understand local court requirements and work to streamline the process so you can focus on your family.

What Is Probate & Estate Administration?

Probate is the court‑supervised process of proving a will and distributing a decedent’s property. When someone dies with a will, the named executor petitions the Register of Wills to open the estate. If there is no will, an administrator is appointed, and Pennsylvania’s intestate laws determine the heirs. The Orphans’ Court division of the Court of Common Pleas has jurisdiction over estates, guardianships and related matters. Estate administration typically involves:

• Locating and filing the will. The original will must be filed with the Register of Wills, and the executor receives authority to act on behalf of the estate.

• Collecting and inventorying assets. Bank accounts, real estate, life insurance, retirement plans and personal property must be gathered and valued. Some assets pass outside probate through joint ownership, beneficiary designations or trusts.

• Paying debts and taxes. Executors must identify and pay valid debts, such as funeral expenses, credit card bills and medical costs, and file the Pennsylvania inheritance tax return. The inheritance tax rate ranges from 0% to 15% depending on the relationship between the decedent and the beneficiary.

• Distributing property. After debts and taxes are paid, remaining assets are distributed according to the will or intestate law. A final accounting may be filed with the court.

Our attorneys handle each step, keeping you informed and ensuring deadlines are met.

The Probate Process in Pennsylvania

While every estate is unique, most follow a series of steps:

1. Opening the estate. The executor or administrator petitions the Register of Wills, pays a filing fee and obtains short certificates to transact estate business.

2. Notice to heirs and creditors. Pennsylvania law requires executors to notify beneficiaries and advertise the estate in a local newspaper, giving creditors a chance to file claims.

3. Asset management. We help gather and safeguard assets, determine what is subject to probate and identify tax issues. Real estate may need to be appraised, and securities may require special handling.

4. Accounting and tax filings. We prepare inventories, informal or formal accountings and the inheritance tax return. We also coordinate with accountants for final income tax returns.

5. Distribution and closing. Once all obligations are satisfied, we distribute assets to beneficiaries and file a receipt and release or petition for final settlement.

Working with an attorney helps prevent mistakes that could delay the closing of the estate or expose you to liability.

Executors, Administrators & Their Duties

Executors and administrators owe fiduciary duties to the estate and its beneficiaries. They must act in good faith, keep accurate records, avoid self‑dealing and abide by court orders. Failure to do so can result in personal liability. Our services include:

• Advising on duties and best practices.

• Preparing legal documents and filings.

• Communicating with beneficiaries and resolving disputes.

• Defending against claims and negotiating settlements.

We also represent beneficiaries who believe an executor or administrator is mishandling an estate. In contested matters, we file petitions, attend hearings and work toward fair resolutions.

Why Hire an Estate Administration Attorney?

Even simple estates can involve legal complexities and strict deadlines. Hiring an experienced probate lawyer can:

• Avoid delays and mistakes. We know the procedural requirements and paperwork necessary to open and close an estate in Westmoreland County.

• Protect you from personal liability. Executors who mishandle estate assets can be sued. We help you fulfill your fiduciary duties and defend you if disputes arise.

• Handle inheritance and estate taxes. Pennsylvania’s inheritance tax rates vary, and certain planning strategies can reduce the tax burden. We prepare and file returns to ensure compliance.

• Settle disputes. Disagreements among heirs can lead to costly litigation. We negotiate resolutions and, if necessary, represent you in Orphans’ Court.

Frequently Asked Questions About Probate & Estate Administration

Question: What happens if there is no will? 

• Answer: When someone dies without a will, Pennsylvania’s intestate succession law determines who inherits. A surviving spouse may receive the first $30,000 plus one‑half of the remainder if there are no children from another relationship; otherwise, the spouse receives half and the children share the other half. The court appoints an administrator to manage the estate.

Question: Do all estates have to go through probate? 

• Answer: Not necessarily. Assets held jointly with right of survivorship, payable‑on‑death accounts, life insurance proceeds and assets in a trust generally pass outside of probate. Small estates under a certain dollar amount may qualify for simplified procedures.

Question: How long does probate take? 

• Answer: Most estates are settled within nine to twelve months, but contested estates or those with complex assets may take longer. The inheritance tax return is due nine months after death, which often drives the timeline.

Question: What are my responsibilities as executor?

• Answer: You must locate and value assets, notify beneficiaries, pay debts and taxes, keep detailed records, file required court documents and distribute property. We guide you through each duty.

Question: Can beneficiaries challenge a will? 

• Answer: Yes. Beneficiaries may contest a will on grounds such as undue influence, lack of capacity or improper execution. We represent both executors defending a will and heirs asserting their rights.

Need Help Settling an Estate? Contact Ally Legal Help

Let an experienced Westmoreland County probate attorney handle the legal details while you care for your family. We will explain your options, provide clear guidance and work to resolve your loved one’s estate efficiently.

Next Steps & Related Resources

Take advantage of our other estate planning guides:

• Wills & Trusts – See how proper planning today can simplify probate tomorrow.

• Powers of Attorney & Living Wills – Appoint agents and express your wishes to avoid court intervention.

• Guardianship & Special Needs Planning – Learn when guardianship is necessary and explore alternatives.

• Business Succession Planning – Protect your company if an owner dies or becomes incapacitated.

• Estate Planning Overview – Return to the main estates page for a complete picture of our services.

Let us handle the details – you focus on healing.