Law Offices of Leo Mikityanskiy

Trusted Probate Attorney for Wills and Estate Matters

Are you dealing with probate, estate administration, or estate litigation in Bucks County? The Law Offices of Leo Mikityanskiy, P.C. provides expert legal guidance for Executors, Administrators, and Beneficiaries navigating the complex probate process in Pennsylvania. We specialize in Probating of Wills, Administering of Estate without a Will, Will Contests, Informal and Judicial Accountings, and Estate Litigation.

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Probate of a Last Will and Testament

Probate is the legal process of distributing the property of a deceased person who left a Will (the testator). The probate estate includes all property that did not pass through Trusts, joint title ownership, beneficiary designations, or by operation of law.

In Pennsylvania, the Register of Wills determines whether the Will offered for probate is valid. If the Will is accepted, the Register issues Letters Testamentary to the nominated Executor. If there is no Will, Letters of Administration are issued to a relative who applies for them. However, issues may arise, such as:

  • Questions regarding the genuineness of the Will.
  • Allegations of undue influence.
  • Concerns about the testamentary capacity of the testator.

The Register of Wills will hear testimony and accept evidence to decide the Will’s validity. The Register of Wills also collects Pennsylvania inheritance tax based on the value of the estate assets and the beneficiaries’ relationships to the decedent. Decisions made by the Register may be appealed to the Court of Common Pleas Orphans’ Court Division.

The Probate Process

While the probate process in Pennsylvania is relatively straightforward compared to some other states, it involves specific laws and rules that can be unfamiliar to Executors. Attorney Leonid Mikityanskiy provides estate administration services to simplify this process.

For those navigating probate after a loved one’s death, we offer comprehensive probate and estate administration services. The first step in starting the probate process is locating and authenticating the original Will.

Some of the key steps in the probate process include:

  1. Preparing and filing a petition to probate the Will and other necessary documents with the Register of Wills.
  2. Providing proper notice to beneficiaries following the issuance of Letters Testamentary.
  3. Publishing a notice of the estate in two newspapers.
  4. Identifying and collecting estate assets, notifying known creditors, paying off estate debts, and filing an inventory of the estate assets.
  5. Distributing the remaining assets to the heirs and filing a report on the completion of the estate distribution.

The probate process can take at least 7-9 months and sometimes longer, especially if there are creditor claims, estate litigation, or disputes regarding the Will.

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Estate Administration Without a Will

If a person dies intestate (without a Will), Pennsylvania law determines the distribution of the estate.

  • Surviving spouse and children receive priority.
  • The Register of Wills appoints an Administrator to manage the estate.
  • Administrator may need to post a bond (financial security for the estate).
  • Assets are distributed based on Pennsylvania intestacy laws, not personal wishes.
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Administration of an Estate Through a Trust

An estate can also be managed through a living or testamentary Trust. A Trust allows the appointed trustee to manage and distribute property to beneficiaries according to the terms of the Trust. The trustee must act as a fiduciary, managing the assets responsibly and accounting for income and distributions.

In some cases, the trustee may require legal or accounting advice regarding the management of the Trust and its assets. Obtaining court approval may be necessary before making distributions or modifying Trust terms. Attorney Leonid Mikityanskiy assists trustees in preparing and filing the required petitions for court approval.

Contact Us

Careful planning and preparation are essential to ensure your property is distributed according to your wishes. Attorney Leonid Mikityanskiy is skilled at preparing and executing the necessary documents for effective estate planning and providing guidance during the probate or administration of your estate or Trust. 

We diligently represent clients in probate, estate administration, estate litigation and Will contests throughout Bucks County and Philadelphia, PA. Contact attorney Leonid Mikityanskiy today at 215-357-1400 to schedule an appointment at our Southampton, PA office.

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