Probate is the procedure taken when a decedent leaves assets in his or her own name, such as bank accounts, real estate, stocks, etc.
Testacy is when a decedent leaves a will. It is important to know that a will is not recorded until after a person passes away. It is the responsibility of the executor or executrix to file the proper forms and file the will in the office of the Register of Wills. In most cases we suggest legal counsel be consulted, as the staff in the Register of Wills office is prohibited from giving legal assistance.
Intestacy is when a decedent leaves no will. In this case, Letters of Administration can be issued by the Register to allow the proper dispensation of the decedent’s assets and to pay his or her bills. The surviving spouse has the first option to serve as the administrator. If the spouse is deceased, children may then serve and then proceed through the lineal line. Bond must be posted if the administrator resides out of state. As with a will, we suggest legal counsel.
Further information on this process can be obtained by calling the Register's office at 724-770-4549 or email us at firstname.lastname@example.org.