John B. Whalen Wills and Probate Law Blog on Lawyers.com

Pa Probate and Alternatives?

Tuesday, May 13, 2008 by John B. Whalen

~ ~ ~

There are alternatives to the Probate Process in Pennsylvania.

For more from my Website: http://johnbwhalenjr.com/

~ ~ ~

The Pennsylvania statute, 20 Pa.C.S.A. § 3101, Payments to Family and Funeral Directors (Section 3101), contains a few alternatives for use in the settlement of small estates.

Simply stated, it allows for the payment of a decedent's assets in certain situations with no court documents or no court supervision.

However, despite Section 3101's simplicity, a stand-off can, and often does, exist between the statute's theoretical ease and the world's practical complexity.

A review of Section 3101 shows the five traits permeate its allowable payments. These traits are asset, amount, recipient, protection, and liability. Keeping these traits in mind, Section 3101 becomes easier to conceptualize.

A breakdown of Section 3101 shows that the five exclusions speak to the various entities that may allow you to circumvent a small estate petition, as well as the probate process.

These exclusions speak to employers, banking houses, patient facilities, insurance companies, and the State Treasurer. Keeping these exclusions in mind, Section 3101 becomes easier to utilize. Being creatures of habit, perhaps, this may now be easier done than said.

Posted at 06:08 AM

Topic: Wills and Probate