When a person passes away, their assets are usually divided among beneficiaries. How assets are distributed depends on the preparations made and state laws regarding the payment of debts and the order of inheritance. The existence of a will and whether property was co-owned plays a vital role in the process of handling assets. Often, the division of assets follows a procedure called probate. Opening an estate in probate in Cranberry Township doesn’t have to be complicated when you partner with a skilled probate attorney. At Sechler Law Firm, our attorneys will guide you through the process and help you avoid mistakes.
In Cranberry Township, families only need to open an estate in probate when the deceased owns assets solely in their name without designated beneficiaries. The estate must go through a formal legal process to settle debts, pay taxes, and distribute property according to the will or state law. However, probate is not always required for asset distribution. The need for probate depends on how the assets are owned and whether beneficiaries are named. Assets held in joint ownership transfer directly to the surviving co-owner. Similarly, life insurance policies and retirement accounts pass to the named beneficiary outside of probate.
In asset distribution, an estate refers to the total value of assets owned by a deceased person. Probate—also known as opening an estate—is required to divide assets not specifically designated to beneficiaries, regardless of whether a current will exists. The Office of the Register of Wills oversees the process, which follows a set sequence of legal steps.
If the decedent had a will, the executor named within the will handles the probate. When no will is available, the next of kin normally handles probate. Surviving spouses are automatically considered next of kin. When there is no surviving spouse, the responsibility is usually passed to the children.
When a will exists, the executor presents it along with the death certificate to the Register of Wills. The executor must also submit a list of probate assets. Using this information, the Register of Wills will prepare the required legal documents. If no will exists, the decedent’s next of kin follows a similar procedure.
Once the estate is opened—after filing the paperwork with the Office of the Register of Wills—the executor or administrator (typically the next of kin) gathers the deceased person’s assets and pays any outstanding debts and inheritance taxes.
After settling debts and taxes, the executor or administrator distributes the remaining assets. If a will exists, the executor follows its instructions to determine which beneficiaries receive assets. Without a will, the administrator distributes assets according to Pennsylvania’s Intestate Succession laws, which establish the order of inheritance.
Opening an estate in probate in Cranberry Township is a complex legal process that follows a precise procedure. If you’ve recently lost a loved one, you don’t have to handle the legal process of asset distribution on your own. Our Cranberry Township probate lawyers could help you determine when probate is necessary and guide you through every step of the legal process. Contact us today to schedule a consultation to learn how to protect your rights to your inheritance and carry out the probate process without complications or errors.
