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.
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