How do I get the money from property once owned by my deceased mother since it has been sold?
Full Question:
My mother passed away in Pennsylvania, in 2003. She had no known assets at that time, so no probate was necessary. Since that time, a promissory note from some property that she had previously owned in Idaho was sold. $16,000 was owed and is now sitting in trust for my mother's heir (me). Is there any way to avoid probate on this matter, since it is below $20,000? The tricky part seems to be that she passed away in Pennsylvania, I live in Florida and the property was in Idaho where she once lived.
04/20/2009 |
Category: Wills and Es... ยป Small Estates |
State: Florida |
#16062
Answer:
In some cases where the decedent possessed real property at the time of death, estate proceedings may be required where the real property is located. Otherwise, the estate is typically administered where the decedent resided at the time of death. I am prohibited from giving a legal opinion, this service provides information of a general legal nature. I suggest contacting a local attorney who can review all the facts and documents involved.
Please see the following PA statutes to determine applicability:
20 Pa.C.S.A. § 3102. Settlement of small estates on petition
When any person dies domiciled in the Commonwealth owning property
(exclusive of real estate and of property payable under section 3101
(relating to payments to family and funeral directors), but including
personal property claimed as the family exemption) of a gross value not
exceeding $25,000, the orphans' court division of the county wherein the
decedent was domiciled at the time of his death, upon petition of any
party in interest, in its discretion, with or without appraisement, and
with such notice as the court shall direct, and whether or not letters
have been issued or a will probated, may direct distribution of the
property (including property not paid under section 3101) to the parties
entitled thereto. The authority of the court to award distribution of
personal property under this section shall not be restricted because of
the decedent's ownership of real estate, regardless of its value. The
decree of distribution so made shall constitute sufficient authority to
all transfer agents, registrars and others dealing with the property of
the estate to recognize the persons named therein as entitled to receive
the property to be distributed without administration, and shall in all
respects have the same effect as a decree of distribution after an
accounting by a personal representative. Within one year after such a
decree of distribution has been made, any party in interest may file a
petition to revoke it because an improper distribution has been ordered.
If the court shall find that an improper distribution has been ordered,
it shall revoke the decree and shall direct restitution as equity and
justice shall require.
20 Pa.C.S.A. § 3152. When 21 years elapsed
Letters testamentary or of administration shall not be granted
after the expiration of 21 years from the decedent's death,
except on the order of the court, upon cause shown.
20 Pa.C.S.A. § 3133. Limit of time for probate
(a) Original probate. — A will may be offered for probate at
any time.
(b) Conclusiveness of original probate. — The probate of a will
shall be conclusive as to all property, real or personal, devised or
bequeathed by it, unless an appeal shall be taken from probate as
provided in section 908 of this code (relating to appeals), or the probate
record shall have been amended as authorized by section 3138 of this code
(relating to later will or codicil).
(c) Effect upon grantee or lienholder. — A will offered for
original or subsequent probate more than one year after the testator's
death shall be void against a bona fide grantee or holder of a lien on
real estate of the testator if the conveyance or lien is entered of
record before the will is offered for probate.