Do All Wills Need to Go Through the Probate Process?

You may want to establish a Last Will and Testament document so that your loved ones can inherit your assets after you sadly pass away. However, before these assets can get into their possession, they may have to pass through the Pennsylvania probate court. With that being said, please read on to discover whether all wills are required to go through the probate process and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you better understand its implications.

What exactly is the probate process?

First of all, probate is the legal process that essentially manages a grantor’s assets at the time of their unfortunate death. Assuming that there was a will to begin with, and that it is legally valid and enforceable, the general process reads as follows:

1. The executor named in the will may file it with the Register of Wills, in the county where the grantor resided.
2. The executor may file a petition for probate with the local Pennsylvania probate court to open a case.
3. The probate court may issue a Letters Testamentary to the executor.
4. The executor may notify heirs, beneficiaries, creditors, etc. that the probate process is commencing.
5. The executor may gather, inventory, and manage the grantor’s assets.
6. The executor may pay off the grantor’s outstanding debts and taxes.
7. The executor may distribute the remaining estate to the beneficiaries named in the will.

Are all wills required to go through the probate process?

The probate process is not inherently bad. However, with its heavy government involvement, it is understandable why many wish to avoid it. This is not to mention how time consuming and mentally draining it can be, causing an extra burden for the loved ones they leave behind. Therefore, you may be satisfied to know that not all Last Will and Testament documents must endure probate.

That is, Pennsylvania may offer a simplified process for small estates. Specifically, a small estate is categorized as one that holds no more than $50,000 worth of assets. This may not consider the value of real estate property, the amount certain loved ones can collect outside of probate, and the amount needed to pay for the grantor’s funeral and burial expenses. Nonetheless, a loved one with an interest in the grantor’s estate may request the local Pennsylvania probate court use a simplified procedure. If granted, the executor named in the will may distribute the grantor’s assets without undergoing all the preliminary steps mentioned above.

It is also worth mentioning that many individuals opt to establish a revocable living trust over a will. This is because assets held in trust get to avoid the probate process entirely, without question. You should consult your attorney and see whether a trust makes more sense for you, your loved ones, and your overall estate.

And so, if you are ready to get started on your will writing or otherwise, now is a better time than ever to contact one of the competent Butler County estate planning & probate attorneys. Heritage Elder Law & Estate Planning, LLC is here to help.