Detailed Answer — What happens when the named executor refuses to serve (Pennsylvania law)

When a person dies leaving a will, the will often names an executor. If that named executor declines, is incapacitated, cannot be located, or otherwise refuses to serve, Pennsylvania probate procedure provides alternatives so the estate is not left without someone to administer it.

Who the court will appoint

Under Pennsylvania law the court (through the county Register of Wills and, if necessary, the Orphans’ Court) will appoint a personal representative. If the will names an alternate executor, the court generally appoints that alternate. If no alternate is able or willing to serve, the court looks to persons with priority under law (for example, beneficiaries named in the will, the surviving spouse, or heirs). In practice, if there is a will but no willing executor, the person who petitions is commonly appointed as an “administrator with the will annexed” (admin c.t.a.). These priorities and appointment procedures are governed by Pennsylvania’s Decedents, Estates and Fiduciaries Code (Title 20 of the Pennsylvania Consolidated Statutes). See 20 Pa.C.S. Title 20 for statutory rules that govern appointment and priority: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20

Practical steps to get appointed

1. Locate the original will and obtain a certified copy of the death certificate.
2. File a petition for grant of letters (letters testamentary or letters of administration with the will annexed) with the Register of Wills in the county where the decedent was domiciled. If the named executor has expressly refused, note that in your petition.
3. Provide the Register with required forms, the original will, and any filing fee. The Register of Wills will examine the will and determine whether to issue a grant or forward the matter to the Orphans’ Court if there is a dispute.
4. If no agreed appointee exists, ask for appointment as administrator with the will annexed (admin c.t.a.). You will need to show you are eligible (adult, not disqualified by law) and that you are the proper person under the court’s priority rules.
5. If required, the court may require a fiduciary bond (a surety bond). Some wills waive bonding; if the will waives bond, courts sometimes honor that waiver, though the court has discretion to require bond depending on circumstances.
6. Serve or give notice to interested persons (beneficiaries and heirs). If someone objects, there may be an Orphans’ Court hearing to decide appointment or other contested issues.

Where to file

File in the Register of Wills of the county in which the decedent was domiciled at death. The Register’s office accepts petitions for grants of letters; contested matters go to the county Orphans’ Court. For general public information about wills and probate in Pennsylvania, the state courts provide resources here: https://www.pacourts.us/learn/wills-probate-and-estates

Common complications

• If the named executor refuses but an alternate is named in the will, the alternate has priority.
• If there is a dispute among beneficiaries or heirs about who should serve, the Orphans’ Court will resolve it, which can lengthen the process and increase cost.
• The court can refuse to appoint someone who is incompetent, underage, has a conflict of interest, or has been convicted of certain crimes.
• The court may require a bond unless the will expressly waives bond and the court accepts the waiver.

Timeframe and costs

Uncontested appointments often take a few weeks to a few months, depending on the Register’s workload and whether a bond or background check is needed. Contested matters before the Orphans’ Court can take longer and incur legal fees. Typical costs include filing fees, possible bond premium, publication/notice fees, and attorney fees if you hire counsel.

When you can step in

If your sibling was named first but refuses, you (or another beneficiary) can file the petition seeking appointment. If you are a beneficiary or otherwise a person with priority under the statute, the court may appoint you provided you meet eligibility rules and there are no successful objections from other parties.

Statutory reference

Key statutory rules governing probate, appointment, and priorities are in Pennsylvania’s Decedents, Estates and Fiduciaries Code (Title 20). For statutory text and related provisions, see the Title 20 index: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20. County Register of Wills offices and Orphans’ Court rules implement these statutes locally.

Disclaimer: This article is educational only and does not provide legal advice. For guidance tailored to your facts and county procedures, consult a licensed Pennsylvania attorney or contact the Register of Wills in the decedent’s county.

Helpful Hints

• Bring the original will. The Register of Wills will usually need the original document to consider probate.
• Get multiple certified copies of the death certificate — banks, insurers, and the Register will ask for them.
• If the named executor refuses in writing, save that written refusal; it can simplify the filing and appointment process.
• Call the county Register of Wills first to learn local filing requirements and fees. County practices vary.
• If you expect disputes, consult an attorney early to understand likely objections and how they affect timing and cost.
• Check whether the will waives bond. If it does not, be prepared to post a fiduciary bond unless the court dispenses with it.
• Keep beneficiaries and heirs informed. Clear communication can reduce contested hearings and delays.
• If you live out of state, confirm any residency preferences for appointment in your county; some counties consider resident preference when appointing fiduciaries.