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.
Tag: Probate Attorney
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.
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.
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.
Today, people utilize the Internet and social media more than ever before, raising new issues for estate administration. Many people receive bank, credit card, and utility statements electronically, and practically everyone has a Facebook account. Electronic mail and Facebook may hold important information for a personal representative seeking to administer an estate.¹ Obtaining access to that information, however, is a brand new area in probate law.
In some cases, the personal representative may know the password to the decedent’s email, Facebook, and Twitter accounts. In these cases, accessing bills and statements as they come in is relatively easy. But is a personal representative² authorized to access these accounts? In situations where the personal representative does not know the password, how can they obtain it?
A common question we receive from potential clients is, “What happens to my things if I die without a Will?” This is usually followed by the question, “If I die without a Will, doesn’t everything just pass to my wife/husband?” or by the question, “Does the State get all my things if I die without a Will?”
