[cjeandee]

My father passed away two years ago. His home is still in his name, in the state of PA. I'm the executress of his will and heir to half of his estate. The other heirs are his two grandchildren. The only assets in his estate are his home and car, with the total value being around $30,000. My nephews and I have no disagreements over my father's will, we planned on keeping the home for awhile. I've been paying the utilitiy bills and taxes on his home. Recently, the water company demanded that I provide them with legal papers showing that I am the owner of the home or they will shut off the water. Can they legally do this? Are we being forced to probate his will and sell the home? Why can't I continue to pay the water bill on a home that is in my deceased father's name?

[joypulv]

I have never heard of a water company demanding proof of home ownership - unless he had a cost reduction based on his age or military status?
First make sure that the notice you got is actually from the water company, and not some scam outfit trying to intimidate you, or steal info. I would call the number on a previous bill just to make sure, and to ask why they are doing this. It doesn't even sound legal. Many a tenant pays water bills and there's no questions asked.

Probating the estate doesn't mean you have to sell. Where did you get that idea? You are one of the heirs!
Are you sure that the house and car are only worth 30K total? That is extremely low for anywhere in PA.

Also call your Probate Court for your locale and ask what the fee is for filing probate. It should be just a minimal amount. There is supposed to be a formal appraisal done of the home for the amount it would be at time of death, but you might be able to get around that since it's so low. You need the house in your names. The car too!

[AK lawyer]

You actually have two questions:

1. Why the water company is demanding that you show ownership.

-I don't know. Perhaps they figure that if you accrue a past-due bill they will be unable to collect with a lien on the property, unless you own it.

2. How long you have to institute probate for a "small estate"

-One would have to check the Pennsylvania statutes on that issue.

...
There is supposed to be a formal appraisal done of the home for the amount it would be at time of death, but you might be able to get around that since it's so low.

If the property has appreciated since the time of death, you and your nephews will owe capital gains tax on the appreciation (if and when it is ever sold). Thus it is in your interest to get some figure as to value. I don't know that it has to be a formal appraisal, but you need to nail down a figure.