Legal Question in Wills and Trusts in Pennsylvania

If a brother leaves you his estate in a hand-written will, are you legally obligated to accept the responsibilities that go along with the will?


Asked on 6/05/12, 9:00 am

1 Answer from Attorneys

Do you mean probating the estate or does the will impose some other kind of obligation on you? If you are the executor named in the will (assuming the will is valid), then your job would be to figure out what your brother owned and owed, pay any just debts (after giving proper notice) and distributing the rest to the beneficiaries name in the will. If that's you, then you will have a relatively easy task. However, there may be some other complicating factors.

If you reside out of state or just do not want to be bothered, there is no requirement that you must be the executor if you do not want the job. You will still get whatever benefits are directed in the will. However, if you do not serve as executor, who would do so? Another sibling? A public administrator? Problems can sometimes arise. If a public administrator is appointed, beneficiaries sometimes complain that the public adminisrator is non-responsive or desires to liquidate everything and charge hefty fees. Other beneficiaries may complain if another sibling is in charge as the sibling may not administer the estaet correctly or try to benefit themselves. So this is sometything you should carefully consider.

I would take the will to a probate attorney for a determination of (a) whether the will is valid; (b) see if the estate needs to be probated (it will depend on what assets/debts there are); and (c) get an explanation of your duties and find out the cost for legal assistance.

Since neither I nor an attorney has seen the will or knows what assets and debts are in the estate we really cannot comment on whether the will needs submitted for probate. If you cannot afford a lawyer, then take the will to the clerk in the county/state where your brother resided just prior to his death. In PA, that is the Orphan's Court and you would speak to the Register of Wills.

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Answered on 6/05/12, 8:50 pm


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