Father Died Intestate. How Do I Proceed?

[Nicole M Rolleri]

Jurisdiction

Pennsylvania

My father passed away in Sept 2018 in the state of PA, where he lived. After months of searching around, we can't find a will. He was divorced and had one child (myself). He really didn't have a whole lot of assets. However, he did have some stock investments, a checking/savings account, and some dividends, equaling about 150K in total. Because of the amount, I understand that simplified probate is not an option. I'm assuming that his assets will have to go through probate and someone in my family will have to act as the estate's representative.

Here are my questions:

My father was disabled and lived with my uncle at the time of his passing and also for years prior to his passing. Being that they lived together and my uncle was my father's primary caretaker, would it make more sense for my uncle to act as the estate's representative/ administrator? I ask this because as my father's only living child, I live in New Jersey, about an hour away from the PA courthouse/county where my uncle and father resided. Also, my uncle is receiving all my father's bills and monthly statements at his address/my father's once address. My uncle cared for my father for many years, so he has access to all my father's financial information and so forth. From what I gather, it is usually the next of kin who ends up as the estate's representative in intestate probate. Would it be an issue if my uncle petitioned to the court to be the rep instead of myself? What would that process consist of?

Secondly, do you believe this estate can be settled without having to hire an attorney? Being that my father really didn't have many assets, it should be somewhat simple. We do not mind hiring an attorney, but if there's not really a need for one, then we'd obviously rather do without. He only has three things to his name, his stock portfolio with Fidelity, dividends and a bank account with BOA.

This is my first time dealing with this sort of situation, so any guidance in the right direction is greatly appreciated.

Thank you kindly!

 

[adjusterjack]

Same answer I gave on the other site.

 

[zddoodah]

He really didn't have a whole lot of assets. However, he did have some stock investments, a checking/savings account, and some dividends, equaling about 150K in total. Because of the amount, I understand that simplified probate is not an option. I'm assuming that his assets will have to go through probate and someone in my family will have to act as the estate's representative.

Not necessarily. Stock accounts and bank accounts typically have pay-on-death beneficiary designations and, if so, are not part of the deceased's probate estate. You should contact the bank(s) and investment firm(s) where those accounts are located to see if there are beneficiaries designated and, if so, who they are.

Being that they lived together and my uncle was my father's primary caretaker, would it make more sense for my uncle to act as the estate's representative/ administrator?

More sense implies some sort of comparison, but you haven't given us any basis for comparison. That said, that your uncle was your father's roommate/caretaker doesn't really have any impact on his ability or fitness as administrator, except that he'd presumably have easy access to your father's personal records. That you don't live in the immediate area of the courthouse isn't important because, even if probate is needed, the likelihood that the administrator will have to personally appear in court is slim.

Would it be an issue if my uncle petitioned to the court to be the rep instead of myself?

Since you're apparently the only heir of your father's estate, if you don't mind, then no one else will.

What would that process consist of?

That's beyond the scope of an internet message board -- especially since probate may not be needed.

Secondly, do you believe this estate can be settled without having to hire an attorney?

No way for us to know. However, I believe that probating any estate is not a good DIY project. At least consulting with an attorney would be a good idea.