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