The dedicated legal team of Caputo & Mariotti

Pittston Probate Lawyer

Maneuvering Through Pennsylvania’s Difficult Probate Process

There’s only a couple of things everyone experiences in life: Death & Taxes. These are two things that unfortunately seem to cause more problems rather than solutions. The system makes it nearly impossible to deal with the emotional damage a death brings since there are so many other concerns. When someone dies, the family then has to parse out the estate and consider expenses it may incur while following strictly enforced & confusing probate laws. Rather than try to cram years of legal knowledge in one night handling it yourself, you should get an experienced Pittston probate lawyer from Caputo & Mariotti.

What is Probate?

Probate is a legal process where the last will and testament of the deceased is reviewed, proofed for accuracy, and acted upon according to the deceased’s last wishes. They collect all of the assets the estate needs to be passed through probate. At this time any debts the estate may incur get paid off and assets get distributed as per the request of the will.

What Happens When There’s No Will

When there isn’t a will, there’s still a way. The deceased will be considered to have died intestate. PA’s intestate succession laws subject their estate to the Commonwealth of Pennsylvania’s laws of intestate succession. These laws then act as the distributor of the assets making determinations for the estate.

What Assets Need To Pass Through Probate?

After death, the administrator of the estate starts off the probate process. Depending on what assets are in question, the majority of assets need to pass through probate. There are some important caveats though.

Assets That Don’t Typically Need To Pass Through Probate:

  • Assets Held Jointly
  • Assets Where the Beneficiary is Named
  • Any Asset Held In a Trust

Scheduling a consultation with a Pittston probate lawyer will give you a better idea specifically of which assets need to go through probate.

What’s The Difference Between Simplified and Formal Probate Proceedings?

In the Commonwealth of Pennsylvania, there are two different types of probate proceedings. You have what’s called simplified probate and a formal probate process. If the assets held by the estate exceed $50,000 in value, you need to go through formal probate.

There are many people living in Pittston who have assets exceeding $50,000. If you own a home in Pittston, West Pittston, or the surrounding area, the average home is valued at $94,900. If you have a brand new car, the average price of that is $35,250. Once you start adding up all your assets, it can get pretty easy to trigger the formal probate process.

Why You Need a Pittston Probate Lawyer

The death of a loved one is a complicated ordeal aside from all the emotional dealing you need to do in this difficult time. The law complicates the process even further. These are some reasons why you need probate lawyers in Pittston such as Caputo & Mariotti. Schedule a free consultation with our team today.