Estate Administration and Probate Lawyers in Southeastern Pennsylvania

Losing a loved one is an emotionally overwhelming experience. During such a difficult time, the responsibility of handling the deceased person’s estate can feel daunting. At Herr, Potts and Potts, our experienced estate planning attorneys and probate lawyers help families throughout Wayne, PA, West Chester, PA, and surrounding areas in Chester County, Delaware County, and Montgomery County navigate the complexities of probate and estate administration with care, efficiency, and professionalism.

Whether you need assistance settling an estate, handling probate court proceedings, or managing trust administration, we’re here to guide you through every step of the process.

What is Estate Administration in Pennsylvania?

Estate administration begins after a person passes away, and their property and debts must be managed and settled. The deceased person, known legally as the decedent, may leave behind assets like real estate, personal belongings, and financial accounts.

If the decedent had a valid will, the estate will be administered based on their final wishes. If they died without a will—referred to as intestate—Pennsylvania’s state laws dictate how the estate is divided among the surviving spouse, children, or other heirs.

In either case, the personal representative (sometimes called an executor or administrator) will be responsible for carrying out the administration process. This includes filing necessary paperwork, notifying beneficiaries or heirs, and ensuring all legal and financial obligations of the estate are satisfied.

The Role of the Personal Representative

A personal representative is appointed to oversee the estate administration. If there is a will, the Register of Wills in the county where the decedent lived will issue letters testamentary, authorizing the representative to act on behalf of the estate. If no will exists, the representative will obtain letters of administration to proceed.

Key duties of a personal representative include:

Locating the will and filing it with the probate court
Identifying and gathering all assets, including real estate and personal property
Notifying beneficiaries (if a will exists) or heirs (if there is no will)
Paying funeral expenses, debts, and taxes from the estate’s assets
Filing necessary state and federal tax returns
Managing or liquidating businesses, stocks, or other assets
Distributing the remaining property to the beneficiaries or heirs

The estate administration process can be complex, and having the guidance of estate planning lawyers helps ensure that the representative fulfills all duties in compliance with Pennsylvania state law.

Steps in the Probate and Estate Administration Process

In Pennsylvania, handling an estate involves several critical steps:

Filing the Will and Opening Probate
If a valid will exists, it must be filed with the Register of Wills in the county where the decedent resided. Probate is the legal process that confirms the validity of the will and gives the personal representative the authority to manage the estate.
Identifying Assets and Liabilities
All assets belonging to the deceased person, including real estate, bank accounts, investments, and personal property, must be identified and valued. Simultaneously, outstanding debts, such as funeral expenses, medical bills, and taxes, must be recorded.
Notifying Beneficiaries and Creditors
Beneficiaries named in the will, or heirs under intestacy laws, must be located and notified of their interest in the estate. Additionally, the estate must advertise its administration to alert any potential creditors.
Paying Debts and Taxes
The personal representative is responsible for paying all legitimate debts and filing required tax returns, including inheritance tax and federal income tax. Failing to handle this step correctly can create significant legal issues.
Final Accounting and Court Approval
Once debts are settled and all legal obligations are met, the personal representative files a final accounting of the estate’s assets and distributions with the probate court. After approval, the remaining assets are distributed to the beneficiaries or heirs.
Distributing the Estate
The estate’s remaining property is distributed based on the instructions in the will or Pennsylvania’s intestacy laws. This final step marks the completion of the estate administration process.

While straightforward estates can be settled within a year, larger or more complex estates may take longer. Our team of probate lawyers ensures every step is handled efficiently and in accordance with state law, bringing you peace of mind during a challenging time.

Trust Administration and Estate Planning Services

Beyond probate and estate administration, our attorneys also provide trust administration services. For families who have established trusts as part of their estate planning, we help trustees manage assets, fulfill fiduciary duties, and comply with legal requirements.

For individuals in need of proactive planning, our estate planning attorneys work with you to create customized solutions, such as:

Drafting wills and trusts
Establishing powers of attorney
Planning for the financial and healthcare needs of loved ones
Protecting assets to ensure a smooth transfer to beneficiaries

If you’re searching for the best probate attorney near me or need estate planning guidance in Wayne, PA, or West Chester, PA, our firm has the experience and local knowledge to assist you.

Recent Success Stories

Over the years, Herr, Potts and Potts attorneys have successfully handled a variety of estate and probate matters in southeastern Pennsylvania:

Represented an executor managing a complex estate where all assets were distributed to charities.
Successfully resolved an insolvent estate, obtaining court approval to close the estate while protecting the executor’s interests.
Ensured proper advertising of an estate, preventing a creditor from collecting late claims.
Filed 1041 income tax returns for estates and issued K-1s to beneficiaries, simplifying tax compliance.
Helped a family prepay inheritance taxes to secure a 5% discount for the estate.
Argued successfully to validate a disputed will, ensuring the decedent’s final wishes were upheld.

These examples demonstrate our commitment to serving families throughout Chester County, Delaware County, and Montgomery County with skill, compassion, and integrity.

Why Choose Us for Probate and Estate Administration?

Settling an estate requires experience, attention to detail, and a deep understanding of Pennsylvania state law. With over 80 years of experience, our firm has built a reputation as trusted estate planning lawyers and probate attorneys in southeastern Pennsylvania.

We offer:

Personalized, compassionate service during a difficult time
Clear guidance through complex legal processes
Efficient handling of probate court proceedings and trust administration
Advocacy to protect your family’s financial interests

From managing probate estate administration to helping families plan for the future, we’re here to provide you with the legal support and peace of mind you deserve.

Contact Us To Schedule Your Consultation

If you are dealing with the loss of a loved one and need help managing their estate, don’t navigate this process alone. Our skilled probate lawyers and estate planning attorneys are here to assist families in Wayne, PA, West Chester, PA, and across Chester County, Delaware County, and Montgomery County.

Let us provide the guidance and support you need to honor your loved one’s wishes and move forward with confidence.