What to do if my father recently passed away and I haven’t been able to find a Will?

I’m his only son and he’s divorced. He owns a home and truck, has a couple of bank accounts and IRA’s. What do I need to do, since I don’t have a Will saying all this should go to me?

Asked on September 6, 2013 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  If your Father died with out a WIll then he died "intestate" and the law of Intestate Succession will apply. In Pennsylvania the law can be found at 20 Pa.C.S.A. § 2101 et seq. You as his only son will inherit the entire estate under the law.  You will need to file a Petition to be appointed as the personal representative of the estate in the Probate Court in the county in which he resided at the time of his death.  It can be very complicated and you may wish to hire an attorney to help. Good luck.


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