Probate, Orphans' Court, and Register of Wills are terms that often come up in discussions about estate planning and estate administration in Pennsylvania. But what do these terms mean? Let's break them down.

What is Probate?

The term "Probate" literally means "to prove, " as in "the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine." Probate is the legal process that occurs after a person (the “decedent”) dies. This process happens regardless of whether the person died with or without a valid will. If a decedent dies with a will, their property is distributed according to the will. If a person dies without a will, then Pennsylvania probate laws of intestate (without a will) succession dictate how the decedent's assets will be distributed.

It's important to note that probate isn't always required after someone dies. There are ways that the process can be avoided based on the extent of a decedent's property and how it was owned by the decedent at death. Property held in a trust, property with beneficiary designations, or property held in joint tenancy, for example, need not pass through the probate process.

What is the Orphans' Court?

The Orphans' Court is a unique court system in Pennsylvania. It has its own rules, procedures, and common law developed over centuries. People go to the Orphans' Court to resolve disputes about estates, trusts, guardianships for incapacitated persons, and issues related to the conduct (or misconduct) of agents under powers of attorney. In 1968, Pennsylvania formally merged its “Law” and “Equity” courts into one unitary Court known as the Court of Common Pleas. The Orphans' Court is now a “division” of the Court of Common Pleas.

What is the Register of Wills?

The Register of Wills holds a quasi-judicial position and, if necessary, conducts hearings to determine who should be appointed as executor or administrator of an estate. The Register of Wills is also the Commonwealth's agent for the collection of state inheritance tax.

In conclusion, understanding these terms and how they function within the Pennsylvania legal system is crucial for effective estate planning and estate administration. If you have any questions or need assistance, contact The D'Orlando Firm, PLLC today at (267) 987-4896 for a free consultation.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a licensed attorney for legal advice.