Pennsylvania Method of Filing Statute

A Pennsylvania method of filing statute lawyer can assist you when you are concerned about the appropriate way to initiate filing of probate or dealing with probate related disputes. In the state of Pennsylvania, the petitioner has to file the petition for the grant of letters and supporting documents officially with the register of wills. Certain counties will require or permit counsel to file the initial petition electronically. Philadelphia county is one such example of a location that will allow electronic filing. Your method of filing attorney in Pennsylvania should verify the local rules in the relevant county to figure out what applies to you. A personal representative then must appear before the register or the register's deputy.

If the decedent passed away without a will, the petitioner has to bring the original will. Scheduled appointments are not required. Knowing all this information might not be possible for a person who has never served in the role of personal representative before, but an attorney can be a valuable source of information to answer questions when they emerge or to help with issues about administration.

The method of filing is important because it allows the probate administration process to officially begin. Understanding the role of the administrator in starting this process is essential for anyone who has recently been appointed or a person who will need to step into this position sooner rather than later.

After reviewing the initial probate documents associated with any original will, the register verifies that no caveat preventing probate or appointment has been filed. This is known as the standing to object. If there was a will, the register will admit the original will to be stored with the permanent records of the register of wills. The register then will administer an oath to the personal representative to faithfully administer the estate as outlined under 20 Pa. C.S. 3154. If the executor is not located in the county in which the proceeding must be initiated, the register has the discretion to authorize commission oaths by a register in a different county or a functional equivalent in a separate location.

Any counsel appointed to assist with the method of filing in Pennsylvania should contact the county register in which the estate is being opened and the county for which the oath is to be administered to verify the procedures for oath by commission. It might be more convenient for a personal representative to pay a commission fee rather than traveling to register in a separate county. There are several different documents that must be submitted with the initial filing, including the bond, petition for grant of letters, the estate information sheet, the filing fees, renunciations, witness affidavits, the death certificate, an original will, and codicils. Scheduling a consultation with an experienced attorney to discuss the specifics associated with the method of filing is strongly recommended.

A person who steps in as a personal representative or an executor of an estate has numerous different responsibilities, many of which can be extremely difficult. It is important to have experienced insight and representation from an attorney who has been practicing in this type of field for many years in order to get better peace of mind and clarification about what is required. An experienced lawyer is a vital instrument and asset to turn to when questions are raised during the management and closing of an estate. The sooner an attorney is sought, the easier it will be to handle any prospect of disputes or issues raised by other parties involved in the conclusion of the estate.