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Personal Injury Attorneys
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Probate

Probate is a form of litigation to re-title assets after someone passes away. It is a court-driven process and can take place in several courts when real estate is owned in various states. A proper estate plan and funding of a trust will greatly help reduce the need for probate and a prolonged estate settlement.

The probate process is meant to help collect and inventory the assets of the estate, resolve creditor claims, make sure the wishes of the deceased are honored, and ultimately provide an orderly process for the distribution of assets either per the wishes of the deceased (if there was a will) or by statute (if there is no will). When there is no will, the Commonwealth of Pennsylvania has a set of laws to distribute assets. These laws, known as intestacy, can be cumbersome and costly to administer.

Executors play an important role in the probate process. The firm works directly with and thus takes the direction for administration from the Executor. The named Executor must sign all of the Probate Court proceedings. There is liability associated with being an Executor depending on the type of probate. If you are named as an Executor, you should be sure to discuss that liability with your attorney and understand it fully before proceeding.

The Executor should be aware that the probate process is NOT a tax process. At death, assets transferred to heirs could still be subject to an estate tax at the federal and state level. When an estate tax is payable, it becomes due within nine months of the date of death. The amounts subject to these taxes do change periodically, so you should consult an attorney for the most current information.

Whenever we are asked by survivors to help settle the affairs of a loved one, we work hard to do it as efficiently and cost-effectively as possible. If we can assist you with a new probate or an ongoing probate matter, please contact our offices in Manheim at (717) 665-2207 or Leola (717) 656-8588.

Personal Injury | Estate Planning and Settlement | Elder Law | Real Estate | Adoptions | General Civil Practice

Offices: 44 South Main St. · Manheim, PA 17545 · Telephone: (717) 665-2207 · Fax: (717) 665-2422 · Map and Directions

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