Blog & Resources

In Philadelphia, probate refers to a process supervised by the Philadelphia Register of Wills and the Philadelphia Orphans’ Court for transferring a deceased Philadelphian’s probate estate in accordance with the terms of the deceased’s will, or if there is no will, in accordance with the Pennsylvania Rules of Intestate Succession.

The Pennsylvania Inheritance Tax is levied against every penny of a Pennsylvania Probate Estate, so no matter how small the estate the executor will likely have to file a Pennsylvania Inheritance Tax Return.

Most states require that at the time you sign your will you have two witnesses who sign under your name. These are known as “Subscribing Witnesses”. Pennsylvania is an exception to this common practice. In Pennsylvania, you need no Subscribing Witness when you sign your will.

Simply put, a will is a writing that specifies the beneficiaries who are to inherit the testator’s assets, names a representative to administer the estate and who is responsible for distributing the assets to the beneficiaries. To be valid a testator you must have legal capacity when the will is written and follow state law.

Montgomery County probate clients sometimes believe that after filing the original Will with the Montgomery County Register of Wills, the Register will return to them the original document. Usually, this is because they have the experience of filing deeds with the Montgomery County Register of Deeds. After a deed is filed, it traditionally is mailed back to the buyer who may keep the original.

A problem for many clients suffering from illness or the ravages of old age is that they are not physically able to travel to their Chester County estate planning lawyer’s office. Pennsylvania has by statute addressed this problem by allowing lawyers to witness a client’s signature, and then take that to document to a notary and have the document notarized.

The Philadelphia Register of Wills office is tasked with probating the wills of deceased, Philadelphia residents. Probate is the process by which the will of a deceased Philadelphian is judged by the Register to be valid or invalid.

The short answer is everyone. The plan might be simple or complex, but without a plan you might not address avoidable family conflicts and tax problems.

While it is not a requirement, naming alternative beneficiaries in your will and in your beneficiary designation forms is a good idea.

Estate planning is the process of making a plan from today until your death, and if done correctly, makes plans that can benefit your heirs long after your death.

Many people mistakenly believe estate planning only involves having a will drafted by a Philadelphia estate planning attorney. While having a will is an important step, a will by itself might not be able to address all of your unique tax and family issues. A proper estate plan involves an examination of your family, any other persons or charities that you may want to benefit at your death, as well as all your assets.