Q: I have both a right to survivorship deed and right to survivorship will. Estate is less than 2000.00. Do I need attorney
To file probate or can I use ez probate to file on my own?
A: There are too many unknowns here to give you a complete answer, but there are some guidelines for you. If you are the survivor on the Deed, you will need to prepare and file a new Deed to show that you are now the sole owner. I am not sure what you mean by a survivorship Will, but if you mean that Decedent's Will states that you inherit all of his or her assets if you survive him or her, then you may need to probate the Will to gain control of Decedent's other assets. I have never heard of "ez probate", but in Cumberland County you do not need an attorney to probate a Will. Caution however, since the Register of Wills office is NOT allowed to give you any advice on probate. If you are the survivor and are entitled to all the assets (after any debts are paid and PA Inheritance Tax paid ) there may be some ways to get the $2000 provided funeral has been paid for and some other requirements. Recommend you take an hour to two to consult with a local attorney familiar with probate to give you some guidance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
