Probate & Estate Administration
Losing a loved one is often one of the most difficult things we go through in our lives. Because of this, we approach every estate administration with compassion and thoughtfulness. We understand that you are hurting, and we want to make this process as easy for you as possible.
From a legal standpoint, closing your loved one’s affairs may involve many different steps. Fiffik Law Group knows how to handle this often-difficult task with thorough, competent, and efficient guidance, so you and your family members can focus on what is important.
What is Probate?
Probate is the legal process where the court assigns someone to administer and distribute assets after a person’s death. Some estates, particularly those of high value or with complex assets like family businesses, can take more time to probate. Others could be easily settled by an alternative method, such as a family settlement agreement.
Fiffik Law Group can assist in bringing clarity to the confusing probate process. We understand that dealing with the court system while you are devastated from the loss of a loved one can be overwhelming or stressful. Our firm will make the process as smooth as possible by taking the time to understand your particular situation, address your concerns, and explore options for a successful resolution for you and your family.
Don’t get tangled in the legal system while you’re grieving a loved one. Our firm is here to help you answer tough questions, navigate tax laws, obtain appraisals, distribute assets, defend against improper claims, arrange for inventory, and obtain court approval.
Common Questions for Executors
1. How do I contact the Social Security Administration? Contact Social Security toll-free at 800-772-1213 (TTY 1-800-325-0778), or visit Social Security on the Internet at http://www.ssa.gov.
2. How do I report a death to the Social Security Administration? You cannot report a death or apply for survivors’ benefits online.
3. Should Social Security Payments be Returned to the Social Security Administration? Social Security benefits are paid in arrears. This means that the check received each month is in payment of the preceding month's benefits. Thus a check received in January is for December benefits. You must also understand that for a person to be entitled to receive benefits he or she must be living for the entire month. For example if a beneficiary died on Dec. 20, he or she would not be entitled to the check received in January (December benefits). If the beneficiary was being paid benefits via direct deposit, the financial institution receiving those funds should be notified. Benefits received for the month in which the death occurred and any subsequent months that may occur are not yours to keep or spend. Social Security will make arrangements to reclaim those deposits. Some beneficiaries still prefer receiving their benefits in check form rather than via direct deposit. If this is the situation you have, you should not cash any checks received for the month in which death occurred or subsequent months. These checks must be returned to Social Security as promptly as possible. If returning the checks by mail, send them by certified mail return receipt. If you return them in person to the local Social Security office make sure you obtain a receipt. Make sure you keep these receipts so that if at a future date there is a question you will have proof of returning those checks.
4. Who is Entitled to Social Security Survivor Benefits? Survivors of the deceased beneficiary may be entitled to a one-time only death benefit. Generally the one-time death benefit payment of $255 is payable to the surviving spouse if he or she was living with the beneficiary at the time the death occurred or if living apart was receiving payments based on the beneficiary's Social Security account. If there is no surviving spouse the one-time death benefit will be paid to a child who was eligible for benefits on the beneficiary's account during the month in which the death occurred. There may be family members who are eligible for survivor's benefits. Those who may qualify are widows, widowers, dependent children and dependent parents. If you feel you are entitled to survivor benefits contact Social Security as soon as possible. If you are divorced, you are not entitled to the one-time $255 death benefit. However, if you are collecting benefits based on your ex-spouse's earnings, those benefits may be subject to change from ex-spousal benefits to full benefits upon his or her death.
5. How do I report a Death for a Recipient of Medical Assistance Benefits? When a recipient dies, the personal representative of the deceased recipient’s estate shall give notice to the department requesting a statement of claim, which is an accounting of all Medical Assistance payments made for the decedent for nursing home services, home and community based services and related hospital and prescription drug services. The notice shall be sent by certified mail return receipt or fax, with the deceased’s name, deceased’s last known address, deceased’s Social Security number, deceased’s date of birth, deceased’s date of death, and written documentation of the gross value of the deceased’s estate to: Division of Third Party Liability Department of Human Services Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 Fax # (717) 772-6553 Please be sure to include the personal representative’s name, address, and telephone number in the letter so the Medical Assistance Estate Recovery staff can respond. Within 45 days of receipt of an accurate and complete notice, the Department of Human Services must send to the personal representative of the estate, a statement of claim listing the amount of Medical Assistance paid. If the personal representative of the estate has questions about the amount owed or disagrees with it, he or she should contact the Medical Assistance Estate Recovery Program by telephone or letter. The Medical Assistance Estate Recovery Program will address any issues regarding the claim with the personal representative of the estate.
6. What Property of a Decedent is Subject to Estate Recovery for Medical Assistance Benefits? Any property or assets that are part of the deceased’s estate are subject to Medical Assistance Estate Recovery. An estate includes property or assets owned entirely or in part by the deceased. Medical Assistance Estate Recovery only recovers estate property or assets.
7. What happens if the spouse or a dependent child is still living after the Medical Assistance recipient dies? If the spouse is still living and the property passes to the surviving spouse outside of the estate, there is no recovery by the Department of Human Services. If there is a dependent child who is under age 21, recovery will be postponed until the child reaches age 21. For an adult child who is blind or totally and permanently disabled, recovery will be postponed until the adult child dies.
8. May I pay the funeral expenses from the decedent’s bank account without commencing and estate administration proceeding? Yes, if the balance of the account is less than $10,000. When someone dies, it’s not unusual to leave behind a bank account in that person’s name alone, rather than in an account held jointly or with a named beneficiary. Under Pennsylvania law, someone will have to open a probate estate for such accounts over $10,000. That means going to the Register of Wills office, filing papers, and going through a somewhat involved procedure, sometimes to close only one bank account. But if the account is $10,000 or less in value, Pennsylvania law allows next of kin to obtain funds remaining in the account with no need to open a probate estate. This rule is found in Pennsylvania’s statutes at 20 Pa. C.S. § 3101(b). It requires a family member to present to the bank a receipt (or an affidavit of a licensed funeral director) showing that “satisfactory arrangements for payment of funeral services have been made.” The bank must then pay the amount on deposit “to the spouse, any child, the father or mother or any sister or brother (preference being given in the order named) of the deceased depositor.”
9. How do I report a Death to the Public School Employees Retirement System (PSERS)? If you are a family member or responsible for the estate of a person receiving a monthly benefit payment from PSERS and wish to report the death of a retiree or survivor annuitant, please call them at 1.888.773.7748, or by email at ContactPSERS@pa.gov Information regarding the retirement option selected or remaining value of the account will not be released by phone or email. A copy of the death certificate, along with a letter stating your contact information, should be mailed to: DPC PSERS 5 N 5th Street Harrisburg PA 17101-1905 After PSERS receives this information, additional forms and/or information pertaining to the account will be sent to you and/or any named beneficiaries.
10. Should I close the decedent’s checking account(s) right away? We suggest that you leave a decedent’s checking account open for at least three months following the date of death. There are several reasons: i) to allow checks written prior to death to clear; ii) if you receive a check in the decedent’s name, it may be easier to deposit it in the checking account rather than an account opened for the estate; iii) to allow for previously arranged automatic deposits for wages, benefits, dividends, etc.
11. How do I get additional death certificates? The Pennsylvania Department of Health allows you to submit a request for a death certificate online here. Applicants can also mail paper applications to the Department of Health Division of Vital Records. Paper applications can be printed here. Both the online and paper applications allow you to specify the number of copies needed at $20.00 per certificate. Currently, the processing time for applications is approximately 3 weeks.
12. I’ve been appointed as an Executor to my loved ones Estate, do I need to accept the appointment? If you have been appointed to be the executor of an estate, you have the option to renounce the appointment. In these circumstances an alternative executor, if named in the decedent’s Will, or the next of kin as outlined by state succession laws, can step in as the estate’s executor.
