How do I go about opening up a deceased's estate to get unclaimed property?
Question Details:
I came across on the PA unclaimed property website 2 life insurance policies that belonged to 2 deceased relatives. They (treasury) said I have to open up the estate. There is only one other surviving relative does she have be notified?
The above advice is not the procedure in PA. If the decedent's did not have wills, then the closest relatives are entitled to be appointed the administrator of the estate. If there are more than one close relative, then either both can qualify or one can renounce in favor of the other. Probate proceeeds in the Register of Wills office in the county where the decedent was domiciled at death. You will need an original death certificate, photo id, a check or cash for the probate fee, the renunciation or a will if there is one. The probate clerk will fill out the paperwork. You will need a shoty certficate to be issued by the Register of Wills. You can then go back to unclaimed property. Then you send notices to beneficiaries, contact DPW, file an inventory, pay PA inheritance tax, any creditors, advertise the estate and distribute the blanace of the assets to those entitled to receive the estate either under the will or pursuant to the Intestate Act.
Estates are typically re-opened when new assets are found. The estate needs to be re-opened because that's the only way that anyone will have legal authority to deal with the assets (pursue a wrongful death action, sell the stocks or coins, collect life insurance policies, etc.). You will need to go down tot he Court where the Probate Petitions are filed. Most courts will allow you to make a Motion to Re-Open the estate. You will need to provide reasons why you wanto open up the estate so that the court can decide. Yes, notice will have to be given to all those who could potentially inherit the new found asset.
