FAQs
Can I Write My Own Will?
Yes, you can write your own will in Pennsylvania, but its validity depends on meeting legal requirements (20 Pa.C.S. § 2502), such as being in writing and signed by you (the testator). For simple estates, a self-written will may suffice if properly executed, but complex estates or specific goals (e.g., directing where your assets will go or creating trusts) require careful drafting. Poorly written wills can lead to disputes or invalidity. Chadwick Estate Law can help you craft a will that reflects your wishes and complies with Pennsylvania law, ensuring peace of mind. For personalized guidance, contact us at Chadwick Estate Law.
How Can I Tell Whether I Should Have a Revocable Trust or a Will?
A revocable trust does not reduce taxes but can simplify asset management and transfer, avoid ancillary probate as well as public probate, and ensure continuity during incapacity or after death (20 Pa.C.S. §§ 7701–7799.3). Pennsylvania probate remains efficient and cost-effective (See Register of Wills of Chester County, Pennsylvania Fee Schedule ), so revocable trusts are typically recommended for:
Elderly or incapacitated individuals needing asset management.
Simplifying beneficiary designations for life insurance or retirement plans.
Clients with assets in custodial accounts desiring institutional trustees.
How Can I Appoint Guardians for My Children? How Can I Make Sure My Ex-Spouse Does Not Get Custody?
Under 20 Pa.C.S. § 2519, the sole surviving parent can appoint a guardian for minor children in their will, effective without court approval and difficult to challenge. If the other parent is alive, courts prioritize the child’s best interests (23 Pa.C.S. § 5328), considering factors like safety and relationships. Naming a guardian in your will may influence a court to favor that person over an ex-spouse if supported by evidence (e.g., unfit parenting). Chadwick Estate Law can assist in drafting a will that clearly expresses your guardianship preferences and supports your children’s future. Reach out to us at Chadwick Estate Law for expert guidance.
If My Parent Was a Beneficiary Under a Will but Died Before the Testator, Do I Have Any Interest?
If your parent predeceased the testator, the gift lapses unless specified otherwise, but 20 Pa.C.S. § 2514(9) allows substitution for issue of children or siblings. Chadwick Estate Law can review the will to determine your rights. Contact us at Chadwick Estate Law for a consultation.
How Can I Find the Assets of the Decedent?
Locating a decedent’s assets is a critical step for executors, administrators, or beneficiaries to ensure proper estate administration or verify distributions. Assets may include bank accounts, investments, real estate, or unclaimed property, but incomplete records or hidden assets can complicate the process. Common methods to identify assets include:
Mail: Review the decedent’s mail for bank statements, brokerage account notices, insurance policies, tax documents, or bills that indicate accounts or property ownership. Checking mail for several months after death may reveal recurring statements or dividends.
Pennsylvania Treasury Unclaimed Property: Search the Pennsylvania Treasury Unclaimed Property database for forgotten bank accounts, safe deposit boxes, or other assets held by the state. You’ll need the decedent’s name and possibly their Social Security number.
IRS Form 4506: Request copies of the decedent’s federal tax returns by filing IRS Form 4506 with the Internal Revenue Service. Executors or heirs with a “material interest” (e.g., beneficiaries) can access returns to identify income sources like dividends or interest (26 U.S.C. § 6103(e)(3)). This requires proof of your status, such as letters testamentary.
County Real Estate Records: Check county recorder of deeds offices for property owned by the decedent, often accessible online (e.g., Allegheny County Real Estate Portal). Search by the decedent’s name to find deeds, mortgages, or liens.
Credit Reports: Obtain a credit report from agencies like Equifax, Experian, or TransUnion, if you’re the executor or have legal authorization, to identify open accounts, debts, or credit cards that may point to assets. Note that access is restricted under federal law (15 U.S.C. § 1681b).
Executors are required to file an inventory of the estate’s assets with the Register of Wills within six months of appointment (20 Pa.C.S. § 3301, Pa.O.C. Rule 10.4), listing all probate assets (e.g., solely owned bank accounts, real estate) and their values. This ensures transparency for beneficiaries and creditors. Missing assets can delay administration or lead to disputes, making thorough searches essential. At Chadwick Estate Law, we represent executors, administrators, and beneficiaries in conducting comprehensive asset searches, leveraging our expertise to uncover hidden or overlooked property and ensure timely estate management. Contact us at Chadwick Estate Law for personalized support in navigating this process.
f I’m the Beneficiary of an Estate, How Do I Figure Out How Much Inheritance Tax I Will Have to Pay?
Executors typically pay inheritance tax (72 P.S. § 9144) at rates of 0% (spouses/charities), 4.5% (lineal descendants), 12% (siblings), or 15% (others). Non-probate transfers (e.g., joint accounts) may require beneficiary filings. Chadwick Estate Law can help you understand tax obligations and coordinate with executors. Contact us at Chadwick Estate Law for assistance.
Can I Get a Copy of Someone Else’s Will Who Has Died?
Yes, after a will is filed for probate, it is a public record. Wills are almost always filed with an official in the county in which the decedent was "domiciled" (i.e., maintained his or her principal residence) at death. In Pennsylvania, the official is the "Register of Wills. Contact the Register of Wills in the county where the decedent was domiciled with their name and year of death. Many counties, like Philadelphia, offer online access (Philadelphia County Register of Wills) for a $20 fee, in addition to copy fees (See Register of Wills of Philadelphia County, Pennsylvania Fee Schedule). Chadwick Estate Law can assist in navigating probate records to locate and interpret a will. Contact us at Chadwick Estate Law for support.
How Difficult Is It to Probate a Will, and Do I Need a Lawyer?
Probating a will in Pennsylvania can be timely and complicated, requiring a petition, death certificate, and the will, filed with the Register of Wills (Pa.O.C. Rule 10.1). Fees vary by estate size. It is recommended to retain an attorney competent in the practice of Pennsylvania estate administration as there are several deadlines, including notifications and filing of certain tax returns, required by Pennsylvania law to adhere to. For any sized estate, Chadwick Estate Law offers experienced guidance to ensure a smooth probate process. Contact us at Chadwick Estate Law for assistance.
If the Debts of an Estate Are More Than the Assets, What Happens? Does the Surviving Spouse or Children Have to Pay?
If an estate’s debts exceed assets, the executor pays debts in this order (20 Pa.C.S. § 3392): (1) administration costs, (2) family exemption ($3,500, 20 Pa.C.S. § 3121), (3) funeral/medical costs, (4) gravemarkers, (5) rent, (6) other debts. Federal tax liens may take priority (26 U.S.C. § 6321). Exempt assets include life insurance (42 Pa.C.S. § 8124), retirement plans, and tenancy by entireties property. Spouses/children are not liable unless they co-signed debts or guaranteed necessities. Chadwick Estate Law can help executors manage insolvent estates and protect your interests. Contact us at Chadwick Estate Law for expert advice.
Does Pennsylvania Have Any Special, Simplified Probate Procedures for Small Estates?
Pennsylvania offers a simplified probate process for estates with personal property under $50,000 (20 Pa.C.S. § 3102). Direct payments without probate include up to $10,000 in wages, $10,000 from bank accounts, and $25,000 in life insurance (20 Pa.C.S. § 3101). Chadwick Estate Law can guide you through these procedures to minimize time and cost. Contact us at Chadwick Estate Law for help with small estates.
How Is an Estate Distributed If There Is No Will?
If someone dies without a will, they are considered "intestate," and Pennsylvania imposes a statutory scheme to distribute their estate based on the degree of consanguinity to the decedent (20 Pa.C.S. §§ 2101–2114). This means that, in the absence of a will, Pennsylvania’s Probate, Estates and Fiduciaries Code dictates how your assets are divided, prioritizing close relatives such as spouses, children, parents, siblings, and more distant kin. The Commonwealth’s intestacy laws aim to reflect a typical person’s presumed intentions, but this one-size-fits-all approach may not align with your specific wishes or family dynamics. For example, the statutory scheme might distribute assets to relatives you’d prefer to exclude or fail to provide for non-family members or charities you value. Ergo, even if you do not have a will, Pennsylvania will impose its statutory scheme upon your estate, which may or may not be what you intend or desire. Without a will, you lose the ability to control asset distribution, appoint guardians for minor children, or minimize family disputes. At Chadwick Estate Law, we help clients create personalized wills to ensure their estate is distributed according to their unique preferences, avoiding the uncertainties of intestacy. Contact us at Chadwick Estate Law to craft a plan that reflects your wishes.
The intestate estate is distributed as follows:
Surviving spouse, no issue/parents: Entire estate.
Surviving spouse, no issue, parents alive: Spouse gets $30,000 + half balance; parents split remainder.
Surviving spouse, shared issue: Spouse gets $30,000 + half balance; issue split remainder.
Surviving spouse, non-shared issue: Spouse gets half; issue split half.
No spouse: To issue, parents, siblings, grandparents, aunts/uncles, or Commonwealth.
Heirs must survive by five days (20 Pa.C.S. § 2104). Spousal/parental shares may be forfeited for desertion (20 Pa.C.S. § 2106). Adopted children inherit from adoptive parents; out-of-wedlock children inherit from mother or father if paternity is proven (20 Pa.C.S. § 2107). Chadwick Estate Law can help clarify your rights as an heir and navigate intestate administration. Contact us at Chadwick Estate Law for support.
Who Administers an Estate When There Is No Will (or the Executor Is Unable/Unwilling)?
When someone dies without a will (intestate) or when a will does not name an executor, when the named executor(s) fail to initiate probate by filing the necessary petition with the Register of Wills, or when an executor probates the will but subsequently fails to fulfill their duties in administering the estate (e.g., paying debts, distributing assets, or filing required documents), Pennsylvania law requires the Register of Wills to appoint an administrator to manage the estate (20 Pa.C.S. § 3155). In these cases, the Register of Wills follows a statutory priority to select an administrator, ensuring the estate is managed efficiently.
The appointment process involves filing a petition for letters of administration with the Register of Wills (Pa.O.C. Rule 10.2), which may require documentation such as a death certificate and renunciations from higher-priority individuals who decline to serve. If an executor probates the will but fails to administer the estate, interested parties (e.g., beneficiaries) may petition the Orphans’ Court to remove the executor and appoint an administrator (20 Pa.C.S. § 3182). This ensures the estate administration proceeds without undue delay, protecting the interests of heirs and creditors. At Chadwick Estate Law, we represent executors, administrators, and beneficiaries in all phases of the estate administration process and seek to ensure the timely management of an estate whether as admin or beneficiary. Contact us at Chadwick Estate Law for expert guidance in navigating probate and estate administration.
