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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111467
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My mother passed on 03/05/2015 and we lived together in our

Customer Question

My mother passed on 03/05/2015 and we lived together in our residence in Pennsylvania. It has been over one year now and I have not closed the estate. I am not sure what to do next in the process. The house is in the name of 'the estate of.... ". I need to file an inheritace tax return immediately, as well as my mothers taxes from last year that she would have filed, and the estate tax return, and my own for this year. My question is 1) how to transfer the house into my name as i am the sole benificiary of all property as well as executor for the estate and 2) does one need to happen before the other (the inheritance tax return before or after changing the deed to the house?).
Submitted: 8 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file the petition for probate in the probate court in the town where you are residing. All of the assets of the estate must be listed on the probate petition, including the house and anything else in her name. It is the probate court that issues the order to the property clerk to change the name on the deed to the property. The inheritance tax is filed after probate is completed.
While I know the economy is tough right now and money can be tight, you really should be using a local probate attorney to get the probate filed and the inheritance taxes filed after, as it makes your life much easier and it insures that everything is done without error on the first submission, which saves you time and money as well.
Customer: replied 8 months ago.
I cannot afford to hire a lawyer to handle the estates administration. Are there resources that will tell me how to file the petition? Can the assets simply be listed in an excel document? There were no assets at all other than the house.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
First, most probate attorneys will take fees from the estate once probate is settled, they do not take up front fees. However, you can get assistance in filling out your petition for probate and you can get the petition for probate at: http://www.pacourts.us/forms/for-the-public/orphans-court-forms
You can list the assets on a spreadsheet that you attach to form RW 09-inventory form.

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