Legal Question in Wills and Trusts in Pennsylvania

The inheritance taxes have been filed. No distribution has been made. A car was listed on the tax return, however, this car was not in the decedent's name upon death. As a beneficiary I filed in court to have a formal accounting done. How much time does the court give the executor to file the accounting and do I have to file a written objection if I don't agree with it?


Asked on 1/12/17, 3:54 pm

1 Answer from Attorneys

Yes, you have to file a written objection to the accounting if you do not agree with it. If you do not file an objection, then any objection which you could have had is waived. You have to be given notice of the accounting. I do not understand why taxes have been filed and a list a car that is not in the name of the deceased. Why was it listed then? Was it transferred within a year of death?

If an accounting is not timely filed (the personal representative should file either a status report if the estate administration is going to take more than a year to complete). I am not sure what you filed or why. Accountings are not filed until the administration is complete and the estate is ready to be closed. You do not indicate if claims have been paid or approval has been given by the PA Revenue Department.

Since I don't know what you filed or he status of the estate, I cannot opine on time limits. Usually, the court or clear does not just act. If you filed a petition, notice of the petition must be given to the personal representative, the estate attorney (if any), and any other beneficiaries and you would be responsible for getting a hearing date. Did you properly serve everyone? Have you checked the local rules for scheduling a hearing in the county where the estate is pending? Was there any kind of response to your petition?

If a year or more has passed and nothing has been filed that is another matter. In such cases, the clerk or the court will send a citation to the executor and ask them to file an accounting. They would only have 10, 20 or 30 days at most to respond to such citation unless additional time is requested and granted. If the citation or directive from the court is ignored, the executor will be removed and someone else will be appointed.

Since it is not at all clear what is going on here, I suggest that you first go and make a copy of the court file and see what is in there. Second, I suggest you take a copy of the file to a probate attorney who practices in the county where the estate is pending and discuss with him or her whether the executor can be compelled to file an accounting or removed for failure to file.

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Answered on 1/12/17, 9:51 pm


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