Becoming an Estate Administrator or Co-Administrator in Pennsylvania: A Step-by-Step FAQ
FAQ: What steps do I take to be appointed as estate administrator or co-administrator in Pennsylvania?
Short answer
To be appointed as an estate administrator (also called a personal representative) in Pennsylvania you must: identify whether a will exists; file the proper petition with the Register of Wills/Orphans’ Court; provide required notices; obtain any required bond; take the oath; and receive Letters of Administration from the court. If multiple people ask to serve, the court follows statutory priority rules and may appoint co-administrators. Below you will find detailed steps, documents, and practical tips for Pennsylvania estates.
Important disclaimer
This article is educational only and is not legal advice. For help in your specific situation, consider consulting a licensed Pennsylvania attorney or the county Register of Wills.
Detailed answer — step-by-step under Pennsylvania law
1. Confirm whether probate administration is needed
First, determine whether the decedent left a valid will. If there is a will, the named executor (sometimes called the personal representative) generally applies for Letters Testamentary. If there is no will, or a named executor cannot serve, the court appoints an administrator. Pennsylvania law that governs decedents’ estates is found in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates, and Fiduciaries): 20 Pa.C.S. (Decedents, Estates, and Fiduciaries).
2. Check who has statutory priority to serve
If no executor is named or the named executor cannot serve, the county Register of Wills and the Orphans’ Court follow statutory priority among heirs and interested persons. Typical priority favors the surviving spouse, then children, then other next of kin. If multiple persons of the same priority level want to serve, the court may appoint co-administrators or select one applicant. County courts and the Orphans’ Court handle the appointment process; see general guidance on estate administration from the Pennsylvania courts: Pennsylvania Courts — Estate Administration.
3. Prepare and file the petition / application
File a petition or application with the Register of Wills in the county where the decedent lived. Key filings usually include:
- Original will (if there is one) and a certified copy of the death certificate.
- Petition for grant of Letters Testamentary (if named executor) or Petition for Letters of Administration (if no will or executor cannot serve).
- A list of heirs/next of kin and their addresses, or an affidavit identifying interested parties.
4. Notice and opportunity to object
After filing, certain parties must be notified. Interested persons (heirs, beneficiaries) receive notice and can object to the appointment. If someone objects, the court may hold a hearing before making a final appointment.
5. Bond (security) requirements
The court often requires the personal representative to post a fiduciary bond to protect estate creditors and beneficiaries. A will can waive the bond requirement for a named executor, but waiver language must comply with Pennsylvania statutory requirements. The court can also reduce or waive bond for good cause. Specifics come from the probate statutes and local Orphans’ Court practice.
6. Taking the oath and receiving Letters
Once the Register of Wills approves the appointment, the personal representative must take the statutory oath and supply any required bond. The Register then issues Letters of Administration or Letters Testamentary (often called “Letters”). Those Letters are the document banks, title companies, and others rely on to permit the representative to act.
7. Co-administrators
The court may appoint more than one administrator (co-administrators). Co-administrators share fiduciary duties and must coordinate: inventory preparation, asset management, creditor notice/claims handling, and distributions. Co-administrator appointments can occur when multiple persons of equal priority apply, or when the court finds co-administration practical. If you prefer sole control, you can object to co-administration and explain to the court why a single administrator is preferable.
8. Post-appointment duties
After appointment, the administrator has continuing duties, including:
- Locating, securing, and valuing estate assets.
- Inventory and filing accountings as required by the county Orphans’ Court rules.
- Notifying creditors and handling valid claims.
- Paying taxes, debts, and administrative expenses.
- Distributing remaining assets to heirs or beneficiaries based on the will or Pennsylvania intestacy rules.
9. Closing the estate
When the estate’s affairs are complete, the administrator files a final account or petition to close the estate with the Orphans’ Court and, if everything is approved, the court will discharge the administrator from further duties.
Typical documents you’ll need to file
- Original will (if one exists).
- Certified copy of the death certificate.
- Petition for Letters of Administration or Letters Testamentary.
- Affidavit of heirs / list of interested persons.
- Bond (if required) and proof of surety.
- Oath form for the personal representative.
Where to file and get local rules
File in the county Register of Wills (and Orphans’ Court if required). Each county may have local forms and filing fees. Use the Pennsylvania courts website to find county contact information and Orphans’ Court rules: Pennsylvania Courts.
When to consider hiring a lawyer
Consider a probate attorney if:
- The estate has complex assets (business interests, out-of-state property, complex investments).
- Heirs or beneficiaries are likely to contest the will or appointment.
- You are an interested person unfamiliar with fiduciary duties, accounting, or tax requirements.
Helpful links
- Pennsylvania Consolidated Statutes (Title 20 — Decedents, Estates, and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
- Pennsylvania Courts — estate administration guidance: https://www.pacourts.us/learn/family-and-probate/estate-administration
Helpful Hints
- Contact your county Register of Wills early to get local forms, fee schedules, and filing instructions.
- Gather the original will and multiple certified copies of the death certificate before filing.
- Prepare a simple family tree or list of heirs with addresses to speed the notice process.
- Ask whether the will contains a bond waiver and whether that waiver meets statutory requirements.
- If you and another equal-priority person want to serve, discuss co-administration logistics in advance (decision-making, expenses, recordkeeping).
- Keep clear, dated records and receipts for all estate transactions to make accounting easier and to reduce disputes.
- When in doubt, get a short consultation with a Pennsylvania probate attorney to avoid costly missteps.
If you want, tell me the county where the decedent lived and whether a will exists, and I can outline likely local steps and common county forms to expect.