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Pennsylvania Probate Law

People often ask, “What is probate?”

In a strict legal sense, the term “probate” refers to the process of proving the validity of a will. But the term is often used more generally to refer to the process of administering an estate under court rules and supervision.

The process begins with the filing of a petition to name someone to take charge of the estate, either an executor (if the deceased left a will) or an administrator (if there is no will). Pennsylvania probate law prescribes certain actions the executor or administrator must take, such as advertising the estate, giving notice to potential heirs, and filing an Inventory of probate assets (those assets titled solely in the name of the decedent).

Pennsylvania probate law also sets rules on such matters as how and when creditors may make claims; the circumstances under which wills can be contested; and how an executor or administrator can obtain court approval for actions taken to administer and distribute an estate.

With the proper planning and actions, probate can go smoothly and carry out the wishes of the decedent in a timely manner.

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