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You are here: Home / FAQs / What happens when someone dies and they leave a will?

07.17.14 |

What happens when someone dies and they leave a will?

Typically the process begins by determining IF someone had a will. Hopefully this question will be easily answered. Assuming there is one, I have laid out a typical scenario. Please keep in mind that events aren’t always typical and there will always be deviations from the course.

  1. A funeral will generally be held for the deceased person. The person who expects to be named as a personal representative (usually named in the will) might pay for the funeral and expect to be reimbursed for costs associated with the funeral as long as they are reasonable in light of the decedent’s assets and his station in life.
  2. Probate of Will begins.
  3. Obtain Letters of Administration. The Letters of Administration is where the personal representative named in the will obtains letters of administration. The Letters of Administration are necessary so parties involved (banks, financial institutions, title companies, etc) are informed of who has legal status to act on behalf of the decedents estate.
  4. Advertising of Letters of Administration.
  5. Gathering of assets and information to include contents of safe deposit boxes, investments, homes, tax returns, debts. etc. Hopefully these were outlined in the will.
  6. Administration of Estate – paying creditors, paying administrator of estate, notifying utility companies, social security, etc.
  7. Filing of inventory of estate with register of wills.
  8. Pennsylvania Inheritance Tax – if filed within 3 months of death, a 5% discount will be applied to the tax return. Otherwise, the tax return must be filed within 9 months. A 6 month extension may be requested.
  9. Pennsylvania Estate Tax – generally must be filed within 9 months of decedent’s death.
  10. Pennsylvania Income Tax – return is due on the same date that it would have been due had the decedent lived to the end of his taxable year.
  11. Federal Inheritance Tax – generally must be filed with 9 months of the date of death. This is a tax on the transfer of assets and two different dates may apply for when assessing the valuation of the assets for income tax purposes.
  12. Federal Individual Tax Return – the return is due on the same date that it would have been due had the decedent lived to the end of his taxable year.
  13. Accounting of Administration of Estate. May be filed at least four months after letters of administration have been granted.
  14. Distribution of Estate.

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Law Office of Stephen Ross
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Phone: (610) 323-5300
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