Guides
Pennsylvania probate articles
- Ancillary Probate In Pennsylvania
2020-12-10
An ancillary probate might be required in Pennsylvania if a nonresident decedent dies while owning property in Pennsylvania. Most of the time an ancillary probate in Pennsylvania is required when the decedent owns real property in Pennsylva…
- Are No-Contest Clauses Valid In Pennsylvania Wills?
2021-03-31
Yes, no-contest clauses (sometimes called in terrorem clauses, forfeiture clauses, or penalty clauses) are valid in wills under Pennsylvania law. What Is a No-Contest Clause Under Pennsylvania Law? An in terrorem clause, also known as a no-…
- Creditor Claims In Pennsylvania Probate
2021-03-19
A creditor with a claim against a Pennsylvania probate estate is someone who was owed money by the decedent prior to decedent’s death. In Pennsylvania, the personal representative of the estate is not required to send direct notice of the e…
- Deadlines And Timelines In Pennsylvania Probate
2020-11-19
What Are the Deadlines And Timelines In Pennsylvania Probate? Key deadlines and timelines in Pennsylvania probate include: Notice of estate administration: within 3 months after grant of letters Challenge to probate of a will: appeal within…
- Does Divorce Invalidate a Will In Pennsylvania?
2022-04-12
Getting a divorce does not invalidate an entire will or estate plan under Pennsylvania law, but a divorce (even the initiation of a divorce) impacts provisions of many different estate planning documents and designations. Under Pennsylvania…
- Expert Requirements In Pennsylvania Will Contests
2020-02-02
If you retain an expert for your will contest , knowing the requirements to qualify an expert in your state is essential. In Estate of Fabian , the Pennsylvania court reviewed the requirements to qualify an expert in a Pennsylvania will con…
- Federal Court Dismisses Trust Dispute With Pending State Court Trust Dispute
2019-08-26
Can You Challenge a Trust in Federal Court? In Genovese v. Genovese , 2016 U.S. Dist. LEXIS 125998 (W.D. Pa 2016) , a litigant filed a federal trust dispute while a state court trust dispute was pending. The federal court dismissed most of …
- How Do You Close an Estate In Pennsylvania?
2022-01-27
Once a Pennsylvania estate has been administered, it is time for the personal representative to close the estate. A Pennsylvania estate is ready to close once all of the assets have been marshalled, after the inventory has been approved, af…
- How Do You Make a Valid Will In Pennsylvania?
2021-01-01
In order to make a valid will under Pennsylvania law, there are two basic requirements: The will must be in writing; The will must be signed at the end by the testator. Unlike most states, Pennsylvania does not have a witness require…
- How Do You Open an Estate In Pennsylvania?
2020-12-08
To open an estate in Pennsylvania, the person seeking to open the estate (the petitioner) files a petition for grant of letters and supporting documents with the register of wills. Along with the petition for grant of letters, the petitione…
- How Do You Revoke a Will In Pennsylvania?
2021-03-23
A will can be revoked three ways in Pennsylvania: By another will or codicil; By some other writing declaring the will is revoked; By physical act. The Pennsylvania statute governing the revocation of wills is found at 20 P.a.C.S. § …
- How Do You Settle a Small Estate In Pennsylvania?
2022-05-25
When the gross estate of a Pennsylvania decedent is less than $50,000 (excluding real estate and certain payments relating to payments to family and funeral directors), the estate is considered a small estate and does not have to go through…
- How Is Testamentary Capacity Determined In Pennsylvania?
2021-04-02
A testator must have testamentary capacity in order to make a valid will under Pennsylvania law . Testamentary capacity is what Pennsylvania statute § 2501 means when it requires a testator to be of "sound mind" to make a will. 20 Pa. C.S.A…
- How Long Does Probate Take In Pennsylvania?
2021-04-08
"How long will it take" is a question often asked in a Pennsylvania probate proceeding. A typical probate proceeding in Pennsylvania takes at least one to two years. There are many factors that affect the length of the probate process. Some…
- How Much Is a Personal Representative Paid In Pennsylvania?
2021-03-15
The Pennsylvania orphans’ court ultimately determines how much a personal representative is paid and compensated for his or her work. The guiding question for the Pennsylvania orphans' court is whether the personal representative’s compensa…
- How to Contest a Will in Pennsylvania
2019-09-24
A will can be contested in a Pennsylvania probate proceeding on a number of grounds. Lack of Proper Formalities A will in Pennsylvania must be in writing and signed at the end by a testator. 20 Pa.C.S. § 2502 . Pennsylvania wills are subjec…
- In What Order Are Estate Expenses And Obligations Paid In Pennsylvania?
2021-03-26
Every Pennsylvania estate has expenses and obligations that have to be paid before the personal representative can close the estate. These expenses often include the personal representative’s commissions, attorney’s fees for the personal re…
- Pennsylvania Probate Lawyer
2019-10-07
Most Recent Pennslyvania News Complete Guide to Pennslyvania Probate Probate Basics How to Open an Estate in Pennslyvania Who May Serve as a Pennsylvania Executor What Are The Different Types of Estate Proceedings in Pennsylvania Deadlines …
- Pennsylvania Supreme Court: Parent With No Legal Duty To Support Deceased Child Does Not Forfeit Share of Intestate Estate
2020-07-31
Estate of Small v. Small , a July 21, 2020 opinion from the Pennsylvania Supreme Court, involved the alleged forfeiture of a parent's share in his child's estate where his child died without a will. The question was whether an adult deceden…
- Pennsylvania Supreme Court: Settlor Must Prove Elements Of Common Law Fraud to Void Irrevocable Trust Based On Fraudulent Inducement
2020-12-28
The Pennsylvania Supreme Court, in In Re Passarelli Family Trust , held that to void an irrevocable trust based on fraudulent inducement pursuant to 20 Pa.C.S. § 7736 , a challenging settlor must prove the elements of common-law fraud by cl…
- Pennsylvania Supreme Court: Surviving Spouse Must Revoke Elective Share Election Within Six-Month Statutory Period
2022-06-29
In In Re Estate of Jabbour , a June 22, 2022 opinion from the Pennsylvania Supreme Court, the Court addressed whether a surviving spouse who seeks to revoke a statutory election against the will (to take an elective share) must do so within…
- Pennsylvania Supreme Court: Trust Beneficiaries Can Examine Trustee’s Attorney’s Billing Records If Trust Is Paying Fees
2021-04-13
In In Re Estate of McAleer , decided April 7, 2021, the Pennsylvania Supreme Court granted review to determine whether the attorney-client privilege and the work product doctrine may be invoked by a trustee to prevent the disclosure to a be…
- Pennsylvania Uniform Fiduciary Access To Digital Assets Act – January 2021
2021-01-19
The beginning of 2021 means new laws across the nation, including the Pennsylvania Revised Uniform Fiduciary Access to Digital Assets Act, effective January 19, 2021. The Pennsylvania Act allows fiduciaries to gain access to a decedent’s di…
- Surviving Spouse Right To an Elective Share In Pennsylvania Probate
2022-05-02
When a married person dies domiciled in Pennsylvania, his or her surviving spouse has a right to an elective share of one-third of certain property left by the decedent. The elective share is one of the many surviving spouse rights that a s…
- Surviving Spouse Rights Pennsylvania
2019-08-26
Surviving spouses have many rights (also called widow's rights) under Pennsylvania law, including: Intestate Share Real and/or Personal Property Exemption Elective Share Rights What Are Surviving Spouse Rights In Pennsylvania When There Is …
- The Pennsylvania Estate Inventory
2022-04-05
Once a Pennsylvania probate estate is opened and a personal representative appointed, one of the duties of the personal representative is to prepare and file an inventory of assets with the Register of Wills. What Is Included On a Pennsylva…
- Weakened Intellect In Pennsylvania Will Contests
2020-01-20
Determining the existence of a weakened intellect in Pennsylvania will contests on the grounds of undue influence is a different inquiry than determining testamentary capacity. The Pennsylvania Superior Court in the November 2019 case of Es…
- What Are the Different Types Of Estate Proceedings In Pennsylvania?
2020-11-24
There are four types of estate administration proceedings under Pennsylvania law: Grant of letters Settlement of small estate on petition Ancillary probate or administration Temporary fiduciary administration Grant Of Letters - Most …
- What Are the Duties Of a Personal Representative In Pennsylvania?
2022-01-24
The main duties of a Pennsylvania personal representative include: Marshalling and securing the estate assets Administering the estate assets Distributing the estate assets A Pennsylvania Personal Representative Must Marshal the Esta…
- What Is the Family Exemption In Pennsylvania Probate?
2022-05-05
The family exemption is available to the surviving spouse or children (if there is no spouse) of a Pennsylvania decedent. The family exemption is a right to retain or claim personal or real property of a decedent in the amount of (currently…
- Who Are Next Of Kin In Pennsylvania?
2020-07-02
Next of kin in Pennsylvania are generally defined as the surviving spouse and relatives by blood of the decedent that are authorized to inherit decedent’s estate under Pennsylvania’s intestate succession laws. Intestate Succession In Pennsy…
- Who Gets Notice When an Estate Is Opened In Pennsylvania?
2021-03-17
When a Pennsylvania resident dies and a probate estate is opened , certain people are entitled to notice under Pennsylvania law. Who is entitled to notice depends on whether the estate is testate (decedent died with a valid will) or intesta…
- Who Is Entitled To Serve As Executor In Pennsylvania Probate?
2020-11-27
The person entitled to serve as the executor of a Pennsylvania probate is either the executor named in the will, or, if decedent died without a will, the person highest in priority according to an order of priority set forth in Pennsylvania…