5% to 6%Many general practice attorneys charge estates based on a flat fee of 5% to 6%.
There is no specific deadline for filing probate after someone dies in Pennsylvania. However, the law does require that within three months of the death, creditors, heirs, and beneficiaries are notified of the death. Then, within six months, an inventory of assets must be prepared and filed with the Register of Wills.
The rates range from a high of five percent for an estate of $100,000 or less to a low of one-half percent for an estate over $4,000,000. These are marginal rates (like Federal Income Tax rates).
If the executor is deemed to have acted unreasonably in defending the claim, they may be held personally liable for the costs. Each case will depend on the specific circumstances as to whether the executor acted reasonably.
Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.
You can use the simplified small estate process in Pennsylvania if property (not counting real estate, certain vehicles, certain payments the family is entitled to, and funeral costs) is worth $50,000 or less. The court may allow this proceeding without having to give notice to creditors.
Can an Executor Decide 'Who Gets What'? No, the Executor of your will cannot just decide who gets what. Among other tasks, the executor is primarily responsible for giving away your assets as per the instructions in the will.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Is an Executor Required to Communicate With Beneficiaries? Executors have a duty to keep beneficiaries reasonably informed about the estate during administration.
It is possible that some beneficiaries may take issue with what expenses are being claimed as ultimately, this eats into their inheritance. However, to avoid any potential conflict with beneficiaries, you can always discuss the expenses incurred with them that you feel may not come under normal expenditure.
Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will.