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If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs.
Usually, the person making the will (in legal terms, the testator) nominates one or more executors in his or her will, having already asked each whether he or she is willing to act. But being named in someone's last will and testament as an executor does not necessarily confer automatic appointment.
Children's Shares in Pennsylvania. If you die without a will in Pennsylvania, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also your children's parent.
§ 3151. Proper county. Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted only by the register of the county where the decedent had his last family or principal residence.
To open an executor account, banks will require that applicants have a Grant of Representation or Grant of Probate if they are in England or Wales, or a Grant of Confirmation if they are in Scotland. A Grant of Representation may be applied for by the individual or through a solicitor.
Pennsylvania wants to assure that these individuals are provided for in the event of the untimely demise of a loved one. In addition to the surviving spouse and children, the law may also provide an inheritance for the decedent's parents, siblings, aunts, uncles, and their children and grandchildren.
Section 3156, there are only two requirements for a person to be named executor in a will. These are that the person must be 18 years old or older, and that they must be of sound mind. In other words, they have not been judged as being incapacitated by a court.
Intestate succession without a will distributes the estate as follows: If the deceased has no children or spouse, their parents take the estate. If the deceased is married but has no children, their spouse takes the estate. If they have children but no living spouse, the children share the estate equally.
The only way to become an executor of your relative's estate is to be the person named in the will. However, the person named as executor in the will must ask a probate court to name her as the personal representative of the deceased for the purpose of administering the estate.
In Pennsylvania, the Administrator of an estate may be, according to preference: (1) the decedent's surviving spouse, (2) the decedent's issue (including children and grandchildren), (3) the decedent's parents, (4) the decedent's siblings, (5) the decedent's grandparents, and (6) other individuals are described in the