Q: Is it true that if I die without a Will the government will take everything?

A: Partly true but unlikely. If you were to die without a Will, your property will pass to your Heirs under a set of laws in Pennsylvania known as Intestate Succession. Without going through pages of explanation, this basically means that whoever survives you will inherit your property including generally bank accounts, homes, cars, motorcycles, furniture, etc. The general order of priority is your Spouse, your children, then moredistant relatives including possibly your brothers, sisters, parents and even grandparents if you are fortunate enough that they’re still living. The government is at the very end of the list and only takes your property if there is nobody else still alive – in that remote case it goes to the Pennsylvania Treasury Department as Unclaimed Property to eventually be auctioned off if no heirs ever claim it.

Q: What do I need to get a Short Certificate?

A: A Short Certificate or Short Form as some refer to it is a document issued by the Register of Wills for the County where the deceased resided at the time of death. To get the Short Certificate a Death Certificate and a Petition for Grant of Letters is filed by the Personal Representative of the Estate.

Q: What if I can’t find a Will after my parents died?

A: Under Pennsylvania law if someone dies without a Will then a default set of rules called Intestate Succession takes over. If you cannot locate a Will amongst the other important papers it could be in a safe deposit box – the bank where the person had an account may have a box and with certain paperwork and proof of your relationship to the deceased the bank will let you in to the box. An attorney can help you out in this case so you can find the Will. If you think there is a Will but just can’t find it you should contact me right away

Q: My mother died and she never finished paying her mortgage. How do I ensure I can inherit her house?

A: If the house was in her name alone you will need to file for probate of her estate and during that process you may transfer the property from her estate to you.  If she had a Will then the person named in it as Executor is responsible for doing this but if no Will then state laws have a default process for designating the personal representative of her estate.  Whether Will or no Will the house may not be transferred until the mortgage and most other debts are paid, like her funeral expenses, medical bills, taxes.  You are going to need a probate attorney to get through this – the process is somewhat complex and has specific deadlines.  Speaking of deadlines if the mortgage has gone unpaid for long enough the bank may have already begun foreclosure proceedings.  If so you could be identified in that paperwork as either an Heir or Unknown Heirs.  Check your county’s clerk of judicial records or equivalent official for a filing against her for the unpaid mortgage – sometimes  the filing is made against the property address or the Estate (if the bank has discovered she is deceased).

Q: Why is it important to wait for the Grant of Probate before transferring assets to beneficiaries, even if the will seems straightforward?

A: If property is transferred before probate has commenced then creditors who the deceased owed money are not given what they are owed and if debts are not paid first the estate personal representative can be held personally responsible for paying those debts.  No matter how straightforward the Will may seem state laws almost universally require that creditors get first chance at estate assets.