The period following the death of a family member is one of the most difficult times in anyone's life. And yet it is also a time when important legal and financial decisions must be made — often quickly, and often by people who are grieving and unfamiliar with the process. Executors and administrators face real responsibilities and real personal liability if those responsibilities are not handled correctly. At Shober & Rock, we guide executors, administrators, and families through the estate administration process with patience, clarity, and practical support.
What Estate Administration Involves
Estate administration — sometimes called probate — is the legal process by which a deceased person's estate is settled. It involves locating and inventorying assets, notifying creditors, paying debts and taxes, filing required court documents, and ultimately distributing the remaining assets to the beneficiaries named in the will or, if there is no will, to the heirs determined by Pennsylvania law. The complexity and duration of the process depends on the size of the estate, the types of assets involved, and whether any disputes arise.
Our Role
We assist executors and administrators with every aspect of estate administration — from obtaining the initial grant of letters testamentary to preparing the final accounting and distributing assets to beneficiaries. We prepare and file all required court documents, communicate with financial institutions on your behalf, advise on the payment of debts and taxes, and help resolve any issues that arise along the way. Our goal is to make a difficult process as smooth and understandable as possible.
When There Is No Will
If a loved one passed away without a will — what the law calls dying intestate — Pennsylvania's intestacy laws determine who inherits the estate. We help families navigate the administration of intestate estates, determine who qualifies as an heir, and ensure that the process is completed correctly and in accordance with the law.
Frequently Asked Questions
Probate is the legal process of administering a deceased person's estate under court supervision. In Pennsylvania, not all assets pass through probate. Assets held jointly with survivorship rights, assets with designated beneficiaries (like life insurance and retirement accounts), and assets held in a trust pass outside of probate. Assets titled in the decedent's name alone — without a beneficiary designation — typically do pass through probate. Whether probate is required depends on what assets the decedent owned and how they were titled.
An executor — the person named in a will to administer the estate — has significant legal responsibilities. These include filing the will with the Register of Wills, obtaining letters testamentary, notifying creditors and beneficiaries, inventorying and appraising assets, paying debts and taxes, filing tax returns, and distributing assets to beneficiaries. Executors have a fiduciary duty to act in the interests of the estate and its beneficiaries. Failing to fulfill this duty can result in personal liability. We provide executors with the guidance they need to carry out their responsibilities correctly.
The timeline varies significantly depending on the complexity of the estate, the types of assets involved, and whether any disputes arise. A simple estate with straightforward assets and no disputes may be closed within six to twelve months. Larger or more complex estates — particularly those involving real estate, business interests, or disputes among beneficiaries — may take two years or more. Tax obligations, particularly the Pennsylvania Inheritance Tax return (due nine months from the date of death) and any required federal returns, also affect the timeline.
Pennsylvania imposes an inheritance tax on assets that pass at death. The rate depends on the relationship between the decedent and the beneficiary: 0% for a surviving spouse, 4.5% for children and grandchildren, 12% for siblings, and 15% for all others. The inheritance tax return is due nine months from the date of death. A 5% discount is available if the tax is paid within three months. We prepare inheritance tax returns as part of our estate administration services and advise on strategies to minimize the tax burden.
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We're here to guide your family through a difficult process with care and expertise.