Father Died Intestate in PA. How Do I Proceed?

[Kenya33]

I am in New Jersey, but probate will be in Pennsylvania.

My father passed away in Sept 2018 in the state of PA, where he lived. After months of searching around, we can't find a will. He was divorced and had one child (myself). He really didn't have a whole lot of assets. However, he did have some stock investments, a checking/savings account, and some dividends, equaling about 150K in total. Because of the amount, I understand that simplified probate is not an option. I'm assuming that his assets will have to go through probate and someone in my family will have to act as the estate's representative.

Here are my questions:

My father was disabled and lived with my uncle at the time of his passing and also for years prior to his passing. Being that they lived together and my uncle was my father's primary caretaker, would it make more sense for my uncle to act as the estate's representative/ administrator? I ask this because as my father's only living child, I live in New Jersey, about an hour away from the PA courthouse/county where my uncle and father resided. Also, my uncle is receiving all my father's bills and monthly statements at his address/my father's once address. My uncle cared for my father for many years, so he has access to all my father's financial information and so forth. From what I gather, it is usually the next of kin who ends up as the estate's representative in intestate probate. Would it be an issue if my uncle petitioned to the court to be the rep instead of myself? What would that process consist of?

Secondly, do you believe this estate can be settled without having to hire an attorney? Being that my father really didn't have many assets, it should be somewhat simple. We do not mind hiring an attorney, but if there's not really a need for one, then we'd obviously rather do without. He only has three things to his name, his stock portfolio with Fidelity, dividends and a bank account with BOA.

This is my first time dealing with this sort of situation, so any guidance in the right direction is greatly appreciated.

Thank you kindly!

 

[Kenya33]

Also, to add, I am NOT listed as a TOD on his brokerage accounts/stocks. No one is. He was in the process of listing me as the TOD, but his health rapidly declined before he could sort this out. I understand that this would be a heck of a lot easier if I were listed as the TOD.

 

[adjusterjack]

My condolences.

Under intestacy you are likely the only heir. There shouldn't be any reason that your uncle cannot apply to be representative of the estate with your consent.

The question about a lawyer is always answered this way. You don't need one if you can figure out how to do it yourself.

PA court website has a variety of forms:

http://www.pacourts.us/forms/for-the-public/orphans-court-forms

But I haven't found any self-help instruction kits. Your uncle might be able to find something at the local court or google Pennsylvania intestate probate to see if other websites have helpful information.

 

[FlyingRon]

Anybody can end up starting probate and being the administrator, the major provision being that the people who might be heirs be sent proper notice.

 

[Dandy Don]

What has your uncle said when you discussed this with him? I hope your uncle is an honest person who has handled these affairs with integrity.

Ask him if the bank account has a designated beneficiary or joint account co-owner, and was he given a Power of Attorney to give him legal authority to handle finances?

Hopefully you will inherit the stock portfolio.

Ask uncle if he would be willing to serve as administrator of the estate. You may need the services of retaining an attorney on an as-needed basis, only to ask questions you may have. You or your attorney need to get an exact understanding of how all assets in the estate are titled (does each asset have designated beneficiaries or not) before you can determine if probate is even needed or not.

 

[Ohiogal]

I am in New Jersey, but probate will be in Pennsylvania.

My father passed away in Sept 2018 in the state of PA, where he lived. After months of searching around, we can't find a will. He was divorced and had one child (myself). He really didn't have a whole lot of assets. However, he did have some stock investments, a checking/savings account, and some dividends, equaling about 150K in total. Because of the amount, I understand that simplified probate is not an option. I'm assuming that his assets will have to go through probate and someone in my family will have to act as the estate's representative.

Here are my questions:

My father was disabled and lived with my uncle at the time of his passing and also for years prior to his passing. Being that they lived together and my uncle was my father's primary caretaker, would it make more sense for my uncle to act as the estate's representative/ administrator? I ask this because as my father's only living child, I live in New Jersey, about an hour away from the PA courthouse/county where my uncle and father resided. Also, my uncle is receiving all my father's bills and monthly statements at his address/my father's once address. My uncle cared for my father for many years, so he has access to all my father's financial information and so forth. From what I gather, it is usually the next of kin who ends up as the estate's representative in intestate probate. Would it be an issue if my uncle petitioned to the court to be the rep instead of myself? What would that process consist of?

Secondly, do you believe this estate can be settled without having to hire an attorney? Being that my father really didn't have many assets, it should be somewhat simple. We do not mind hiring an attorney, but if there's not really a need for one, then we'd obviously rather do without. He only has three things to his name, his stock portfolio with Fidelity, dividends and a bank account with BOA.

This is my first time dealing with this sort of situation, so any guidance in the right direction is greatly appreciated.

Thank you kindly!

File in probate court. Your father's creditors should have been informed he died. An accounting needs to be done but your uncle could be the executor.

 

[LdiJ]

I am in New Jersey, but probate will be in Pennsylvania.

My father passed away in Sept 2018 in the state of PA, where he lived. After months of searching around, we can't find a will. He was divorced and had one child (myself). He really didn't have a whole lot of assets. However, he did have some stock investments, a checking/savings account, and some dividends, equaling about 150K in total. Because of the amount, I understand that simplified probate is not an option. I'm assuming that his assets will have to go through probate and someone in my family will have to act as the estate's representative.

Here are my questions:

My father was disabled and lived with my uncle at the time of his passing and also for years prior to his passing. Being that they lived together and my uncle was my father's primary caretaker, would it make more sense for my uncle to act as the estate's representative/ administrator? I ask this because as my father's only living child, I live in New Jersey, about an hour away from the PA courthouse/county where my uncle and father resided. Also, my uncle is receiving all my father's bills and monthly statements at his address/my father's once address. My uncle cared for my father for many years, so he has access to all my father's financial information and so forth. From what I gather, it is usually the next of kin who ends up as the estate's representative in intestate probate. Would it be an issue if my uncle petitioned to the court to be the rep instead of myself? What would that process consist of?

Secondly, do you believe this estate can be settled without having to hire an attorney? Being that my father really didn't have many assets, it should be somewhat simple. We do not mind hiring an attorney, but if there's not really a need for one, then we'd obviously rather do without. He only has three things to his name, his stock portfolio with Fidelity, dividends and a bank account with BOA.

This is my first time dealing with this sort of situation, so any guidance in the right direction is greatly appreciated.

Thank you kindly!

Its possible that your father named beneficiaries to those accounts. If that is the case, then they would pass outside of any will to the beneficiary. Before either of you get too deep into the probate process, you should verify whether or not the accounts have beneficiaries.