PHILLY INVESTORS (unique probate inquiry)

[Holly Schuster]

In Philadelphia, if a decedent has been deceased for MORE THAN 21 YEARS, letters (admin/testamentary) are unable to be obtained in the usual manner. I’m told that a lawyer must file a petition in orphans court before moving forward. The decedent did not have a will and she is one of two OOR. (The second OOR passed away recently and all documentation for her is in place). My question is, what are we petitioning? Does this protocol eventually grant letters, or will there be an entirely different process involved in probating? BP, please help! Orphans court will not speak to a third party and while my internet research has been somewhat successful, there are still some missing pieces. Has anyone been through this to where they can give some insight as far as what to expect? Thank you in advance.. Holly

[Mark Pedroza]

Someone had to file a death certificate. Whomever filed it will be your first point of contact. 

Why not buy out the interest of the estate and start the Administration process.

You'll be self representing the estate yourself. "In Pro-Per" if you will.

Then you'll be able to petition the court for Letters of Administration (no will) or Letters Testamentary (will).

Those are one of two documents that give the PR (here in CA) legal capacity to encumber a probate property. 

If you do file make sure you follow all court-mandated procedures in a timely manner, show up for court proceedings, file necessary paperwork.

Good luck.

(This is not legal advice nor am I an attorney but I was involved in my own probate matter which reached Final Distribution and settled the estate)