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Rick Law
Rick Law

What is Probate? Understanding the Process Behind the Word

by | Jan 24, 2025 | Probate

Probate is the word to describe the process of “opening an estate” of a person who has passed away. Merriam Webster Dictionary defines “probate” as “the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine.”

While accurate, the definition only addresses part of the process. The fact is that sometimes an estate must be established, but there is no Will. This is called an “intestacy” as opposed to someone who dies testate, that is, with a Will. In the case of intestacy, Pennsylvania law determines who can establish or “open” the estate and who will inherit any assets that might exist. Further, after an estate is established, the estate must be “administered” whether there was a Will or not. Such requirements involve notifying any party who might inherit the deceased person’s assets and advertising the estate.

Finally, an inheritance tax return must be filed in order to satisfy Pennsylvania law. Sometimes tax is owed and sometimes no tax is owed. Either way, an Inheritance Tax Return must be filed within 9 months of death. The process of probate and estate administration is not a simple one and involves multiple steps. An attorney should be consulted at the very least to determine what will be involved. Finally, having done this legal service for over 40 years, I would advise people to have a Will. It makes the process somewhat easier and otherwise, the law will determine who gets your assets.

Sandra M. Liberatori, Esq has extensive experience in probate and estate administration. Should you wish to arrange a consultation, please contact us on 610-850-9036, or reach out to us online via our website.

To learn more about Wills and estate planning, please visit our Wills and Trusts page. To speak with an estate planning attorney, please contact us on 610-850-9036, or reach out to us online via our website.