How Do I Know if I Need Probate for an Estate?

Whether you are writing a Will or mourning the loss of a loved one, you may have heard that “probate” is something to be avoided at all costs. You might have heard that this process is costly and time-consuming. Perhaps you dread going to court and dealing with paperwork. Is it possible to avoid probate in Pennsylvania? How do you know whether you need to go through probate? Could a probate lawyer in Hershey help?

Is Probate Mandatory in Pennsylvania?

Different jurisdictions have distinct rules regarding probate, and Pennsylvania is no exception. In certain states, families may avoid probate if the estate’s assets are worth less than a certain amount. In Pennsylvania, however, probate is always required when someone passes away without 100% jointly owned or designated beneficiaries. If you pass away with assets that do not fall into these categories, your estate will need to go through probate.

But what exactly does this mean? A classic example of a jointly-owned asset is a family home, and many couples jointly own their homes. This means that when one spouse dies, ownership of the home passes to the surviving spouse with no need for probate.

A designated beneficiary is a powerful but simple estate planning tool that also circumvents probate in Pennsylvania. As the name implies, this involves designating a specific beneficiary who will inherit a certain asset. Designated beneficiaries are often associated with financial assets, such as bank accounts, retirement accounts, and life insurance policies.

If you need to know whether probate is necessary, consider the assets in the estate. An experienced probate lawyer can help you figure out whether the estate only contains jointly owned assets and designated beneficiaries.

Challenging a Will Triggers Probate

If the decedent dies with a valid Will and someone challenges the validity of that document, the probate court may handle these allegations. For example, a family member may allege that the decedent was mentally incapacitated when they revised their Will. In this case, it may be impossible to avoid navigating the probate court.

You Can Also Avoid Probate With Trusts

Aside from designated beneficiaries and jointly-owned assets, trusts also avoid probate in Pennsylvania. A trust is a separate legal entity capable of holding your assets. Once you transfer assets to a trust, you cease to “own” them. They are also removed from your personal estate, which means they become irrelevant when approaching probate.

Those who wish to avoid probate in Pennsylvania may wish to discuss trust options with an experienced lawyer. Any assets left outside of a trust when the decedent passes may still go through probate. To address this issue, some create “pour-over Wills” that automatically transfer these leftover assets into their trusts.

Can a Probate Lawyer in Hershey Help?

A probate lawyer in Hershey may be able to help you determine whether probate is necessary. While Wills often go through probate in Pennsylvania, certain estate planning strategies may make this process relatively seamless. Discuss your next steps with Audi Law, PLLC today.