Probate for
Testacy and Intestacy
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
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 Registers office is prohibited from giving legal assistance.
Intestacy
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 decedents 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
e-mail us
Fees
for probate are based on the gross amount of the assets in
an estate and various State and County Fees.
A true amount is determined at the
time of Probate.
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