When a family member passes away, if you want to put protections in place for the future, an estate and trusts lawyer in State College can walk you through each stage with clarity and attention to detail. The laws governing estates and trusts are complex, and during an already difficult time, experienced legal guidance can provide stability, direction, and peace of mind.
Trusting Mette Law to Represent You
With more than 50 years of service to communities across Pennsylvania, Mette Law believes in a client-centered philosophy. We take the time to understand your goals before offering advice, and we approach each family’s circumstances with the care and respect they warrant.
Estate Administration Process (Probate)
Probate is the legal process of settling a deceased person’s estate, and it involves everything from validating the will to distributing assets to the rightful beneficiaries. Our attorneys manage each phase, so the burden does not fall entirely on grieving family members:
- Initiate Probate: The process begins by filing the decedent’s will with the Register of Wills in the appropriate Pennsylvania county, where the court formally opens the estate.
- Letters Testamentary/Administration: The court issues these documents to give the executor or administrator the legal authority to manage the estate, including handling accounts and overseeing property.
- Notice and Advertising: Pennsylvania law requires the executor to notify beneficiaries, heirs, and potential creditors, and to publish a notice in local newspapers, giving creditors a window to file claims.
- Asset Management: The executor locates, secures, and inventories all estate assets, including real estate, bank accounts, investments, vehicles, business interests, and personal property.
- PA Inheritance Tax: Pennsylvania levies an inheritance tax with rates from 0% for surviving spouses up to 15% for unrelated beneficiaries. The tax return must be filed within nine months of the decedent’s death.
- Debt and Expense Payment: Before any distributions can be made, the executor must satisfy funeral costs, administrative expenses, outstanding debts, and tax liabilities.
- Distribution and Closing: After all debts and expenses are settled, the remaining assets are transferred to the beneficiaries as directed by the will or, if there is no will, according to Pennsylvania’s intestacy laws. The executor then submits a final accounting to close the estate officially.
Trust Administration Process
Administering a trust follows a separate path from probate and comes with its own set of responsibilities and legal requirements. Our attorneys help trustees fulfill their obligations properly while protecting the interests of every beneficiary involved:
- Separation from Probate: Trust assets are not subject to probate, allowing them to pass directly to beneficiaries without court involvement or public record.
- Trustee Duties: The appointed trustee has a fiduciary obligation to manage trust assets responsibly, make distributions in accordance with the trust terms, and act in the best interests of all beneficiaries.
- Notice Requirements: Pennsylvania law requires trustees to notify qualified beneficiaries of the trust’s existence and provide them with relevant information about its terms and administration.
- Funding the Trust: Assets must be properly titled in the trust’s name to be governed by its terms; any property left outside the trust may still need to go through probate.
Don’t Wait to Speak to an Estates and Trusts Lawyer
Whether you are settling a loved one’s estate or preparing to protect your own family’s future, the process is too important to handle without proper legal guidance. Call Mette Law at 717-232-5000 or contact us online for a consultation with an estate and trusts lawyer in State College who will provide the clarity and support you need during this significant time.