Practice Areas
- Medicaid
- Living Trusts
- Estate Administration and Probate
- Asset Protection
- Veterans Benefits
- Special Needs Trust
Blog 
Estate Administration and Probate
- Finding Tips On Estate Planning at the Theatre
- Update on the Status of Federal Estate Tax
- Michael Jackson Estate Makes Land Mark Estate Deal With Sony
- The Governator Says Health Reform Will "Beat Up" California
- When a will isn’t enough
News
- The Growing Rate of Dementia and Alzheimer's...
Posted on 3/9/2010 - Let it snow! Pittsburgh Extends Property Tax Deadline...
Posted on 2/9/2010 - Estate Tax, Medicaid, Social Security Changes Ring In New Year...
Posted on 1/13/2010 - Main beneficiary to Michael Jackson’s estate shakes up her probate team...
Posted on 10/22/2009 - Illinois Supreme Court upholds will restricting inheritance based on religion...
Posted on 9/30/2009
Library
Estate Administration and Probate
- When Pennsylvania Estate Recovery Can Take Place By Law
- Joint Bank Accounts - Risks and Benefits
- Guidelines for Gifts and Joint Accounts
- Intestacy Laws Of Pa: Dangers of Not Having a Current Living Will
- Drafting Wills That Protect Clients' Interests: Every situation is different, which is why we select vehicles that meets each client's needs
Frequently Asked Questions
Q: What is probate?
A: Basically probate is the legal term that describes the process of passing ownership of your property, assets, and personal effects on to your beneficiaries after you die.
If you were to die without a valid will, your probate estate would be referred to as an “in testate estate”. However, if you die with a valid will then your probate estate is considered a “testate estate”.
An executor – typically named in the will – generally oversees the entire probate process. Without a valid will, and therefore without a named executor, a personal representative is appointed by probate court.
After you die and your estate enters into the probate process, at a high level the following steps typically take place:
* Determine if the will is valid
* Hear any objections to the will
* Identify and inventory property and assets
* Appraise property and assets
* Make payment for debts, creditors, and estate taxes
* Distribute any remaining assets to the beneficiaries
If you have a valid will, your estate will be distributed according to the will. Without a will, asset distribution will depend on state and county laws.
The cost to probate an estate varies, but is typically 3 to 7% of the total estate value.
Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 102
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984
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