Estates in Pennsylvania - Revision history

Josephdebarberie: /* Affidavits of Heirship */

2025-03-05T16:24:18Z

‎Affidavits of Heirship

Josephdebarberie at 14:13, 16 April 2024

2024-04-16T14:13:26Z

Josephdebarberie at 13:33, 16 April 2024

2024-04-16T13:33:40Z

Josephdebarberie: /* Underwriting */

2024-04-16T13:32:25Z

‎Underwriting

Josephdebarberie: /* Delegation */

2023-05-03T18:40:55Z

‎Delegation

Josephdebarberie: /* Statutory Powers */

2023-05-03T18:35:49Z

‎Statutory Powers

Josephdebarberie at 16:16, 17 February 2023

2023-02-17T16:16:33Z

Josephdebarberie: Overview of the transfer of real property through probate and Estates

2021-10-22T19:10:07Z

Overview of the transfer of real property through probate and Estates

New page

= Overview =

= Underwriting Tips =

*If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.

= Personal Representatives =

Under the Probate, Estates and Fiduciaries Code, both Administrators and Executors are considered "Personal Representatives" and certain provisions apply to both roles.<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=1&sctn=2&subsctn=0 20 Pa.C.S. § 102]</ref>

== Statutory Powers ==

=== Power to Sell ===

"Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, . . . any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=51&subsctn=0 20 Pa. C.S. § 3351]</ref>

= Intestate Succession =

= Wills =

= Taxes =

See [[Inheritance Taxes in Pennsylvania]]

← Older revision		Revision as of 16:24, 5 March 2025
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	= Affidavits of Heirship =		= Affidavits of Heirship =
−	Affidavits of Heirship are not customary in Pennsylvania. The preferred method of conveying title is by opening an Estate and having an Administrator appointed. Alternatively, a Court determination of Heirship and rights to the property can be sought.	+	Affidavits of Heirship are not customary in Pennsylvania. The preferred method of conveying title when there is not a Will is by opening an Estate and having an Administrator appointed, and having the Administrator provide a deed joined by all known Heirs. Alternatively, a Court determination of Heirship and rights to the property can be sought.

← Older revision		Revision as of 14:13, 16 April 2024
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	= Disclaimers =		= Disclaimers =
		+
		+	= Affidavits of Heirship =
		+	Affidavits of Heirship are not customary in Pennsylvania. The preferred method of conveying title is by opening an Estate and having an Administrator appointed. Alternatively, a Court determination of Heirship and rights to the property can be sought.

@@ Line 31: / Line 31: @@
 = Taxes =
 = Foreign Fiduciaries =
@@ Line 37: / Line 38: @@
 For the Affidavit: “We therefore hold that until a debt has been judicially established, whether through a lawsuit or an audit pursuant to the grant of ancillary administration, an asserted but unliquidated obligation does not constitute an indebtedness for the purpose of § 4101(2).”<ref>''See'' ''Biglan v. Biglan'', 330 Pa. Super. 512, 479 A.2d 1021 (1984).</ref>
-See [[Inheritance Taxes in Pennsylvania]]
+= Disclaimers =

← Older revision		Revision as of 13:32, 16 April 2024
Line 4:		Line 4:

	*If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.		*If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.
		+	*While not strictly necessary to pass good title, it is usually preferable to have all Heirs of an intestate decedent join the sale deed with the Administrator. When not feasible, evidence that the Heirs are aware of and consent to the transaction should be obtained.
		+	*A Renunciation of a person's right to administer an Estate does not waive that person's substantive share of the Estate. To accomplish that, the person must give a Disclaimer.

	= Personal Representatives =		= Personal Representatives =

@@ Line 18: / Line 18: @@
 "(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. '''Nothing in this subsection authorizes the delegation of any discretionary power.'''<br>
 ...<br>
-(c)  Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref>
+(c)  Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref><br>
 = Intestate Succession =

← Older revision		Revision as of 18:35, 3 May 2023
Line 14:		Line 14:

	"Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, . . . any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=51&subsctn=0 20 Pa. C.S. § 3351]</ref>		"Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, . . . any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=51&subsctn=0 20 Pa. C.S. § 3351]</ref>
		+
		+	=== Delegation ===
		+	"(a) Power of attorney. -- A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. '''Nothing in this subsection authorizes the delegation of any discretionary power.'''<br>
		+	...<br>
		+	(c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument."<ref>[https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=33&sctn=19&subsctn=0 20 Pa.C.S. § 3319(a), (c)]</ref>

	= Intestate Succession =		= Intestate Succession =

@@ Line 1: / Line 1: @@
 = Overview =
-= Underwriting Tips =
+= Underwriting =
 *If a Will does not specifically direct or authorize the sale of real property, ensure that the sale is not prohibited and that any devisees of the Property join in the conveyance.
@@ Line 22: / Line 22: @@
 = Taxes =
 See [[Inheritance Taxes in Pennsylvania]]