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Asked on May 18, 2020 ,  6 answers Visitors: 108
In PA when do I check off no exceptions on my petition for grant of letters?

6 Answers

Anonymous
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Posted on / May 21, 2020 13:35:22

Not sure what county you are doing this in...but most of the Philadelphia area counties are still operating under restrictions and require an attorney to represent someone who is petitioning for probate. I know of a few cases where pro se persons have gotten through but the Register of Wills prefers a lawyer. They also are prioritizing which estates to open. I tried to open a couple recently that they deemed non-emergency so we have to wait.

Anonymous
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Posted on / May 21, 2020 04:26:50

I'm so sorry for your loss. Mr. Stern did give you a good answer. I do highly recommend that you consult with a lawyer to make sure you do everything correctly. Just because many of the forms are online, that doesn't mean that estate administration is an easy do-it-yourself project because of all of the rules, notices, taxes, and filing deadlines involved. I highly recommend that you bring a lawyer on board to do the legal work and make sure everything is done correctly.

Sometimes a lawyer can pay for themselves just by knowing what inheritance tax deductions you can take. Certainly it will save you a lot of time to have professional advice.

Almost all of us have private practices and most of us are working from our home offices. Call 2 or 3 people and see who you would like to work with.

Anonymous
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Posted on / May 20, 2020 18:10:49

Mr. Stern's explanation for when to check exceptions on the petition is correct. I would also recommend seeking probate counsel for the matter to avoid any issues down the road. Most estate administration attorneys are working behind the scenes and have various ways of handling the Register of Wills filings even though courts are publicly closed.

Anonymous
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Posted on / May 20, 2020 17:00:11

You check off no exceptions if after the date of the Will the decedent did not marry, was not divorced, was not a party to a pending divorce, did not have a child born, and was not a victim pf a killing and was never adjudicated as incompetent. Also, just because all assets were liquidated doesn't mean the administration will be that easy. There are still income tax returns, inheritance tax returns, notices to DHS, etc. It's very helpful to have a probate attorney assist and the fee (which will be reasonable) is a deduction for inheritance tax.

Anonymous
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Posted on / May 20, 2020 17:00:09

... hello ...

... the Petition has instructions as to what is or is not an exception ... just follow that ...

... good luck ...

John

Anonymous
Reply

Posted on / May 20, 2020 16:43:39

Most states have affidavits of heirship or small estate affidavits that permit heirs under certain circumstances to obtain cash (usually up to a certain amount) from banks or insurance companies by merely signing an affidavit swearing under penalties of perjury to certain facts, such as: how many heirs and their names and last known addresses, whether the decedent left a will, has probate been commenced anywhere, etc. If such an affidavit can be used, it would save you time and effort. Check your state's laws or contact an experienced probate lawyer in your state for information. Good luck.

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