Legal Question in Wills and Trusts in Pennsylvania

A distant cousin died with no closer relatives willing to assume responsibility. Unknown if there is a will, most likely not. If a process is started to take executive authority, and there is not enough money to cover expenses until the land is sold, can those initiating the process walk away once started? Pennsylvania


Asked on 10/26/16, 5:08 am

1 Answer from Attorneys

No. If you are not interested in becoming the personal representative then don't even bother. You say this is a "distant" cousin. How distant? Every state has laws regarding who can inherit and if the kinship is too attenuated then relatives cannot inherit and any property and land will be forfeited to state in a process called escheat. So you had better know what you are getting into beforehand. If t here is no will, I suggest that you at least talk with a probate attorney who practices in the county/state where probate will occur.

Also, what are the debts? Assets? How are they titled? Claims will have to be paid before the heirs get anything. What types of claims will there be? What is the real property worth? Is it paid for? If you serve as personal representative, what is your commission likely to be? These are all things you are going to have to find out about before you take on the duty.

And you don't just walk away after an estate is being administered. You can voluntarily renounce if there is someone else who wants to do it or you can be forcibly removed by the court if you do not do your job. Of course, you will be personally on the hook for any loss caused to the estate by your negligence in just walking away. If you do not want to serve, what is the process for having a public administrator appointed? If you cannot afford a probate attorney, at least talk with the register of wills/clerk of court. Find out the process for having a public administrator appointed, particularlu if there are no or few probate assets that will be left to you or any other heirs.

Read more
Answered on 10/26/16, 10:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania