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Can a person, listed as executor of a will, skip the probate…

Can a person, listed...

Can a person, listed as executor of a will, skip the probate process if the only asset is a home that needs sold from the deceased parent and divided between the deceased 4 children?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: What documents or supporting evidence do you have?

A copy of the deceased will stating who the executor should be, which is the oldest son, and the instructions to divide everything between all four children.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that this is the only remaining issue - there are no other assets to be divided, just the home.

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Answered in 1 minute by:
3/19/2018
RayAnswers
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Category: Estate Law
Satisfied Customers: 48,119
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 3 months ago
Okay - thank you

No you need to make application to probate will and have it accepted as valid and also to appoint you as the personal representative/executor.The court has to review the will and admit it as valid will.No way around probate I am afraid here.You will need a local probate lawyer to make application and get this done.

Lawyer referral

The PBA Lawyer Referral Service (LRS) refers callers to lawyers in the counties that do not have a referral service of their own. This service covers 45 of the 67 counties in the Commonwealth of Pennsylvania.

Lawyers participate in this service on a voluntary basis and have indicated the areas of law in which they will accept referrals. Computerization ensures lawyers are rotated automatically by county according to the type of case.

There is no charge for contacting the LRS. By using this service, the participating attorney agrees to grant Referral Service clients an initial consultation of up to one half-hour for a fee of $30; $15 of that fee shall be returned to the PBA Lawyer Referral Service with the client referral form. If it is the policy of the attorney to waive initial consultation fees, he/she is required to collect the $15 referral fee to be returned to the PBA.

The PBA LRS operates Monday through Friday, 8 a.m. to 4:30 p.m., and can be reached by calling(###) ###-####(for in-Pa. callers only) or(###) ###-####

The PR once appointed has legal authority to sign sales contract, deed, etc based on the court appointment.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Executor /Personal Representative are same thing.

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Court has to find it has these

The basic requirements for a Pennsylvania last will and testament include the following:

  • Age: The testator must be at least 18 years old.
  • Capacity: The testator must be of sound mind.
  • Signature: In order to be valid, the will must be signed in one of three ways:

Pennsylvania Last Will and Testament: Make a Last Will in ...

https://www.legalzoom.com/articles/pennsylvania-last-will-and-testament

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Customer reply replied 3 months ago
I was hoping to avoid hiring a lawyer because there is no money in the estate, just the home that needs sold. Can the executor just go to the county courthouse or a notary to have the will authenticated?

No it has to be done through probate here.You might find lawyer that will wait on funds until sold.

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Please don't shoot the messenger.All wills have to be probated here and accepted, I mean there was will contests occasionally.

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