Full question:
My brother died with no will, no spouse, and no children.All he had to his name was a bank account with $1000, two junk cars, and a classic car. After filling with the county, probate, and publishing his death in the newspaper for three weeks - 1. Are we obligated to pay all his debts that we know about or only those debts that have made a claim?2. To transfer the title of his classic car you must sign that his debts are paid, but to pay his debts I must sell his car, how do you do this?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania , after a death, generally the estate is opened, and the assets of the estate are inventoried first. You can petition for a grant of letters, and if obtained, you advertise the grant of letters. This will initiate a one-year statute of limitations for creditors to claim payment for any debts owed by the deceased's estate.
The probate law provides that the creditors of an estate are notified either by notices in the local newspaper or directly by mail. The law sets a time that the probate proceeding must be left open in order to allow creditors the chance to present their claims. In Pennsylvania, the creditor period is several months long.
In most cases, failure to make a claim within the time allotted by the probate court will invalidate the claim by the creditor.
With regard to the title to a car, the vehicle becomes a part of the estate after death of the owner. The probate court appoints an executor of the deceased owner's estate by certifying such a position in an official letter. Then the executor is able to transfer the car title to someone specified in a will. If there is no will, then the probate court will appoint a personal representative who will administer the estate, including passing the estate, such as house, vehicles and other property, to the heirs after paying out the debts of the deceased person.
Many times a heirship affidavit, death certificate and small estates affidavit are sufficient to bring to the department of motor vehicles.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
