A key Pennsylvania probate statutes lawyer is there to advise you and to answer your questions. A key probate statutes lawyer in Pennsylvania will be familiar with the various statutes required as far as bringing forth a claim of a probate dispute or what is involved in the appropriate administration of an estate. There are several different types of rules and state laws that govern estate proceedings in Pennsylvania.
Although state laws clarify exactly what is required in various different formats, it's important to realize that the county in which the will is opened is extremely important for dictating what follows from that point. Each county may have their own specific regulations, and this is why it is important to retain a probate administration lawyer in that specific geographic location to have clarity about what is and isn't required.
While there are numerous rules about probate that are managed both at the county level and statewide, anyone who is familiar with probate procedures should have experience talking to an attorney about the most important statutes. Any person who will serve as a personal representative has a responsibility to verify that they are doing everything properly and that the right documentation is being stored.
If not, the personal representative might be named as liable in a legal claim brought forward by interested parties in the future. Anyone who has been listed as a personal rep should set aside time to look through the key statutes listed below to better understand what it means to administer an estate and what to look out for during this time.
There are three key Pennsylvania probate statutes that anyone who is thinking about putting together an estate plan, stepping in as a personal representative or executor of a will, or a person planning to file a will contest or similar probate dispute should be aware of. First of all, the Pennsylvania probate estates and fiduciary codes outlines the laws associated with distribution and descent, probate and estate administration. These are outlined under 20 Pa. C.S. 101 through 8815. Many of these laws govern the exact responsibilities of fiduciaries, including when someone has breached his or her fiduciary duty and can be held accountable in a court of law.
A plaintiff in a fiduciary dispute lawsuit might bring forth claims that the fiduciary has violated his or her rights and has failed to keep the best interests of the beneficiaries at the forefront of the management of the estate. The second type of key Pennsylvania probate statutes are outlined under the Inheritance and Estate Tax Act.
These specifically relate to the Pennsylvania inheritance tax and will rarely be triggered or brought up in a Pennsylvania probate dispute. However, it is important for a person who is managing out the closing of another individual's estate to be familiar with these laws regarding the Pennsylvania inheritance tax outlined under 72 P.S. 9101 through 9196. Finally, the Supreme Court Orphan's Court rules govern the proceedings and practice with the Orphan's Court and the register of wills as outlined under Pa. O.C. rules 1.1 through 16.13. Furthermore, an experienced probate administration attorney should consult local rules since every county might adopt local rules associated with procedure and practice.
The Philadelphia county Orphan's Court rules, for example, might be different from nearby locations and a probate administration attorney needs to be contacted as soon as possible to verify what does and does not apply. Appropriate administration of an estate is important since an executor could otherwise hold personal liability for related issues. Schedule a consultation with someone you can trust immediately.