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, when someone dies, their estate is opened, and all assets are inventoried. You can petition for a grant of letters, which allows you to notify creditors of the deceased's debts. This starts a one-year period during which creditors can make claims against the estate. If creditors do not file a claim within this time, they typically cannot collect on those debts.
For the classic car, it becomes part of the estate after the owner's death. The probate court will appoint an executor or personal representative to manage the estate, including settling debts and transferring assets. To transfer the car title, you may need to provide an heirship affidavit, a death certificate, and possibly a small estates affidavit to the Department of Motor Vehicles.
In summary, you are not obligated to pay all known debts unless they have made a claim within the specified time frame. You can sell the classic car to pay off debts, and then transfer the title as the estate is settled.
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.