Pittsburgh Family Law Services, P.C. Blog

Many children find themselves completely overwhelmed after the death of their parents, because they soon realize their parents didn’t have a Will.  During an already difficult period, adding in probate is yet another thing to do in addition to their already busy lives.  The first thing to remember is not to panic.  This is an extremely common scenario that many children face.  By some estimates, anywhere up to 75% of adults do not have a Will.  Many are quickly overwhelmed with the prospect of probate when there are no clear instructions for how the estate is to be divided.  Fortunately, Pennsylvania has a more streamlined process compared to other states.  If you and your siblings get along and agree on everything, this process becomes even easier.  Here is a quick overview of what happens when someone passes away without a Will. 

Decide on an administrator:  Before filing anything, it’s very important to decide on an administrator (also known as a personal representative).  If you have siblings, all of you are authorized to act in this capacity.  In my experience advising families through probate, it is best and most efficient when one person has this responsibility.  It means that only one person has to sign documents and authorize the listing and sale of a house and other property.  This can become cumbersome with multiple people acting as the representative.  The person chosen ideally will reside in Pennsylvania and will need to be responsible with handling funds and filing documents in a timely manner.  Probate has specific timelines for filing taxes, and it’s important that the person handling the estate will be able to devote the time needed.  

Gather documents:  When someone dies without a Will, the documents you’ll need are the death certificate and (if needed) renunciations from your siblings.  This document means that your siblings are giving up their right to administer the estate and are appointing you to do so.  Before opening the estate, you will also want to go through your parents’ documents and make sure you know their dates of birth, Social Security Numbers, and at least rough values of their assets.  “Assets” for purposes of probate include bank accounts, a house, and a car.  

Open the estate:  You will go in person to the Register of Will, be sworn in as the administrator, and then you will immediately need to advertise the estate in a legal journal and in a newspaper of general circulation.  These requests are made online and the best part is that the newspapers tell you when they’ve run the ad for the required period of time.  The purpose of advertising the estate is to notify any creditors so that they can make claims.  After you open the estate, you will need to open a separate account.  All funds will be placed into the estate account and expenses will be paid from there.  You can use any bank for this purpose, but for convenience most administrators use the same bank that their parents used.  

Administering the estate (a/k/a “doing the work”):  This is where the real work of the administrator happens.  During this time you will be doing things like getting a house cleaned out and sold, paying final bills, selling a vehicle, and numerous other activities that are involved in wrapping up someone’s final affairs.  This is the part that is most overwhelming to most administrators.  It’s important to reach out to those who are working with you when that happens (such as your lawyer and your realtor).  Often they can help by breaking things down and giving you ideas for how to make the process easier.  During this process, it’s very important that you keep good records of expenses.  You will need to provide an accounting of your activities when you go to distribute the funds and it’s easiest to do that if you make sure that everything is recorded properly.  

Paying the taxes:  In Pennsylvania, adult children are required to pay inheritance taxes on any property they receive from their parents.  The taxes are due 9 months after death, but you get a slight discount if you pay it within 3 months.  This part is very important to file and pay on time.  After 9 months, penalties and interest get assessed onto the tax.  This can significantly impact the amount available for distribution, so it’s important to make sure they’re paid by the deadline.  

Distribute the funds and close the estate:  Once all of the taxes and creditors are paid, it’s time to distribute the proceeds and close the estate.  In Pennsylvania, there is a set distribution that occurs when someone dies without a Will, which takes out the guesswork of “who gets what.”  This is done through a Family Settlement Agreement, and it includes an accounting of your activities as the administrator.  When your siblings have signed the Agreement, then it’s time to distribute the proceeds and tell the court that the estate is now resolved.  

The probate process can seem lengthy and overwhelming, but if you work with an attorney and you and your siblings all get along, it’s more than manageable.  If your parents have passed away without a Will and you need help managing their estate, contact us so we can help make the process easier.