In Philadelphia, Pennsylvania, probate is a legal procedure that a court must go through before giving effect to a will. Before putting a will into effect, a court has to determine that it is valid.
In the probate process, a Philadelphia, Pennsylvania probate court has various duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is determined to be valid, the court will distribute the property according to its terms.
The executor of the estate is frequently named in the will. If not, the probate court in Philadelphia, Pennsylvania will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
The executor is the person who initiates probate proceedings. The person who stands to inherit the most from the will is typically appointed the executor, because they will have the most inducement to help the process go as quickly as possible, so they can get their inheritance.
Duties of the Executor in Philadelphia, Pennsylvania
The executor has several duties concerning the will. First of all, they have to actually initiate the probate proceedings with the court, and this procedure has to be finished before the will takes effect.
They additionally are required to provide notice to the people with a direct interest in the estate that the decedent has died, typically by filing a death certificate.
If the decedent was even somewhat well-off financially, it's likely that they'll have substantial amounts of both debts and assets. The executor is tasked with drafting an accurate accounting of the debts and assets of the estate, so as much of the decedent's debts can be paid off as possible.
Finally, executors have to actually put forth the effort to establish that a will is valid. As the sole legal representative of the estate, this is their job, and is required for them to inherit, giving them an incentive.
How Can A Philadelphia, Pennsylvania Lawyer Help?
Because this can be (though isn't always) a fairly confusing process, it's a good idea to get a knowledgeable probate lawyer in Philadelphia, Pennsylvania, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.