• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

petition for probate and grant of letters

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

birdland1950

Junior Member
What is the name of your state? pa.what does executrix as stated herein mean?and what does all personal property mean and what does value of real estate mean? sorry i dont mean to sound dumb but iam new to this.thank you so much.
 


anteater

Senior Member
The questions may not be "dumb." But the manner of asking them is.. well.. let's call it sketchy.

I take it that you are looking at the PA form petitioning the court to open probate and for the grant of letters to the estate's personal representative.

Real estate is land and most everything that is permanently affixed to the land. Like buildings.

Personal property is everything else.

The "values" are the best estimate of the value of the real and personal property. At the point of making the petition, estimates are fine.
 

birdland1950

Junior Member
it says in the letter that the land value is 10,000,the house is run down and needs alot of work but 10,000 seems to low.it has a few acres of land and a old trailer on the land.and a old house.also when our inheritance check is mailed will it come certified mail?the excutor said they would be mailed out next month.will we have to pay any tax on that?we live in ga.and the inheritance check is comming from pa.thank you all for all your help.god bless you!the excutor didnt tell us any thing else other than the check would be mailed next month.
 

anteater

Senior Member
Well, the easiest course is to contact the executor and ask your questions. But, remember, the amount of information that the executor is legally required to provide you is limited. Also, you can always contact the Orphans' Court in the applicable county to ask if you can get a copy of the probate file.

Did you just receive a copy of the Petition? When was the will submitted? If it was only a few months ago that probate was opened, making distributions already is lightning speed.

Have you received anything else from the executor? Estates in PA can be closed in three ways:

1) With a formal accounting submitted to and audited by the court together with a petition to the court to close the estate. If that is the route taken, you should receive a notice that the accounting is being submitted.
2) By what is often called a family settlement agreement which is less expensive than going the formal accounting process. The agreement basically says that all the beneficiaries agree with the handling of the estate and are OK with closing the estate. While I do not think that it is required, usually a copy of the estate inventory and a accounting accompany the agreement. If those aren't included, the beneficiary can refuse to sign and insist on a formal accounting.
3) If the gross value of the estate is less than $25,000, the executor can simply petition the court to permit distribution.

Keep in mind that the amount on the Petition is an estimate. If the property was sold, then the distribution will reflect the actual net sales proceeds after all the deceased's debts and estate administration expenses are paid.

Nothing requires that the distributions be sent by certified mail. But it is a good practice.

Even if the estate is not subject to federal estate tax, PA has an Inheritance Tax that applies to almost all assets transferred from the deceased's estate to beneficiiaries. Normally, the executor files the return and pays the tax from estate assets before any disttributions are made.
 
Last edited:

birdland1950

Junior Member
i sent for copies of probate records.the will was in probate on jan 28th 08.the stepchildren got the house in the will and we are getting any cash remaining that is in our fathers estate.our father died jan 22 08.the stepchildren and our dad had aggreement that the house is to go to the stepchildren cause our dad was married to the step childrens mother and the house has been in the stepchildrens family for generations.we didnt contest the will.the stepchildrens mother died 5 years ago.nobody is fighting about anything.all the excutor told us is us my fathers children would be getting a check in the mail next month.we dont know anything else.or even how much.we havent got anything on the accounting.should we be getting any papers to sign?ineed advice,thanks so much.
 

seniorjudge

Senior Member
Q: should we be getting any papers to sign?

A: Are your names mentioned anywhere in the probate papers you got from the court?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top