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Answers ~ Probate Process

Probate is merely the very simple procedure for beginning the settlement of an Estate.

The Probate process itself is a relatively simple procedure, but it is merely the beginning of the Estate Administration process, which involves settling a decedent's affairs, and can involve many, many other steps, depending on the Probate Estate.
If a Will exists, it is formally accepted for Probate and Letters Testamentary are issued to the Executor named in the Will. If no Will exists, or no named Executor is available, Letters of Administration are granted to an Administrator.
The Probate procedure in Pennsylvania is far simpler than in most states, and merely involves presenting a Will, a Death Certificate, a brief Probate Petition, and a check for payment of the nominal Probate Fees.

Be aware of the assertion that Probate should be "avoided" at, virtually, all costs.

Although some states do have onerous Probate procedures (where the avoidance of Probate may be a prudent strategy), Pennsylvania is not one of those states. In fact, Pennsylvania is very "Probate-Friendly." Again, and virtually to the contrary in Pennsylvania, the seemingly universal theme that Probate should be avoided at all costs, is just simply not true. In fact, the word "Probate" is merely the Latin infinitive verb that means "to prove." Nothing more!

Be aware that a common misunderstanding with a Estate Law is that a Will must be probated.

Although it is generally accepted as the proper beginning to the Estate Administration process, there are alternatives. One of these possibilities is the Pennsylvania statute, 20 Pa.C.S.A. � 3101, Payments to Family and Funeral Directors (Section 3101). This statute contains various avenues for use in the settlement of small estates. Simply stated, it allows for the payment of a decedent's assets in certain situations with no court documents or no court supervision. For a more detailed explanation, please view the article Payments to Family and Funeral Directors in the Authorships section of my Web Site.

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Opening Thoughts ~ Asset Titles ~ Marital Issues ~ Estate Planning ~ Planning Updates ~ Fiduciary Positions ~ Fiduciary Traits

HIPAA Rules ~ Powers of Attorney ~ Living Wills ~ Living Trusts ~ Last Wills ~ Probate Process

Estate Administration ~ Estate Taxes ~ Intestate Rights ~ Closing Review

Serving clients by providing quality and timely legal services in the areas of Estate Planning Law (Powers of Attorney, Living Wills, Trusts, Wills); Estate Administration Law (Probate, Ancillary Probate, Inheritance, Taxation, Settlement); Guardianship Law (Proceedings, Administration); and Burial and Cemetery Law. Mr. Whalen serves clients in Chester County PA, in Delaware County PA, in Montgomery County PA, and in Philadelphia County PA, and Mr. Whalen has served clients in Ambler PA, in Andorra PA, in Ardmore PA, in Aston PA, in Audubon PA, in Avondale PA, in Berwyn PA, in Blue Bell PA, in Bridgeport PA, in Broomall PA, in Bryn Mawr PA, in Chadds Ford PA, in Chester Springs PA, in Chesterbrook PA, in Coatesville PA, in Collegeville PA, in Conshohocken PA, in Daylesford PA, in Devon PA, in Downingtown PA, in Doylestown PA, in Drexel Hill PA, in Eagleville PA, in East Brandywine PA, in Easttown PA, in Elkins Park PA, in Exton PA, in Fort Washington PA, in Frazer PA, in Glenside PA, in Great Valley PA, in Harleysville PA, in Haverford PA, in Havertown PA, in Jeffersonville PA, in Kennett Square PA, in King of Prussia PA, in Lansdale PA, in Limerick PA, in Linfield PA, in Linwood PA, in Lower Merion PA, in Lower Providence PA, in Malvern PA, in Media PA, in Merion PA, in Narberth PA, in Newtown Square PA, in Norristown PA, in Oaks PA, in Overbrook PA, in Oxford PA, in Paoli PA, in Parkesburg PA, in Philadelphia PA, in Phoenixville PA, in Plymouth Meeting PA, in Pottstown PA, in Radnor PA, in Ridley Park PA, in Rosemont PA, in St. Davids PA, in Springfield PA, in Strafford PA, in Swarthmore PA, in Thorndale PA, in Tredyffrin PA, in Trooper PA, in Upper Dublin PA, in Upper Merion PA, in Upper Providence PA, in Valley Forge PA, in Villanova PA, in Wayne PA, in West Brandywine PA, in West Chester PA, in Westtown PA, in Whitemarsh PA, in Willistown PA, and in Wynnewoood PA.