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Disclaimer

This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When a person is appointed as an estate administrator in Pennsylvania, the Orphans Court requires the administrator to post a bond to protect the estates creditors and heirs. The bond acts as a financial guarantee that the administrator will faithfully perform all duties.

Under Pennsylvania law, administrators must comply with the following mechanisms:

1. Statutory Bond Requirement: The Orphans Court appoints an administrator only after the individual files a bond in an amount set by the register or judge. See 20 Pa.C.S. § 3173 for bond amount and conditions.
2. Qualified Sureties: The bond must be secured by one or more sureties who qualify under 20 Pa.C.S. § 3171. If the court deems additional security necessary, it can order extra sureties under 20 Pa.C.S. § 3174.
3. Orphans’ Court Supervision and Accounting: Local Orphans’ Court rules require periodic or final accountings showing all receipts, disbursements, and distributions. Interested parties may review these accountings and file objections. The court holds hearings to enforce accuracy and adherence to fiduciary duties.
4. Surcharges and Removal: If an administrator mismanages assets or neglects duties, creditors or heirs can petition the court to surcharge (financially penalize) or remove the administrator for cause. The court reviews evidence and may impose remedies to protect the estate.
5. Modification or Discharge of Bond: Once the administrator completes duties and obtains court approval of the final account, the administrator may petition to reduce or discharge the bond under 20 Pa.C.S. § 3302.

Helpful Hints

• Review your bond order carefully to confirm the required amount and surety qualifications.
• Keep meticulous records of all estate transactions to simplify court accountings.
• File accountings on time and respond promptly to any court notices or creditor objections.
• If objections arise, consider consulting a probate attorney to guide you through hearings and filings.
• Remember that sureties can be held liable if the administrator mismanages estate funds.

Understanding these statutory safeguards helps ensure administrators fulfill their fiduciary duties and protects beneficiaries interests in a Pennsylvania estate administration case.