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This section explains, under Pennsylvania law, how someone can be appointed to handle an intestate estate (an estate when the decedent left no valid will) and what a sibling should expect when seeking appointment. This is a general guide only and is not legal advice.

1. Who decides who manages an intestate estate?

When a person dies without a will in Pennsylvania, the Register of Wills in the county where the decedent lived (or the Orphans’ Court) issues “letters of administration” that give a person legal authority to collect assets, pay debts, and distribute the estate under Pennsylvania intestacy rules. The governing statutes for intestacy and administration appear in Title 20 of the Pennsylvania Consolidated Statutes (20 Pa.C.S., Decedents, Estates and Fiduciaries).

2. Can a sibling be appointed administrator?

Yes—if you are an appropriate and interested person, you can petition to be appointed. However, Pennsylvania follows an order of preference for who inherits and who the court will favor for appointment. Typically, a surviving spouse and children have the primary rights to inherit. Siblings generally inherit only if there is no surviving spouse, no descendants (children, grandchildren), and no surviving parents. If you are a sibling but other higher-priority heirs exist, the court will usually give preference to those higher-priority heirs for appointment.

3. Basic qualifications to be appointed

• You must be an adult able to carry out duties (minors cannot serve).
• You must be willing to serve and act in the estate’s best interest.
• You must not be legally disqualified (for example, certain convictions or incapacity can bar appointment in practice).
• You must petition the Register of Wills or Orphans’ Court in the county where the decedent resided.

4. Steps to petition for letters of administration

1. Confirm there is no valid will. If you find a will, deliver it to the Register of Wills immediately.
2. Locate the Register of Wills (or Orphans’ Court) for the county where the deceased lived and request the forms and filing requirements.
3. Prepare the petition. Typical items include a certified death certificate, a list of known heirs with addresses, an estimated inventory of assets, and any creditor information.
4. File the petition. The Register will review it and may set a hearing date if needed. Notices to heirs and creditors may be required.
5. Post a bond if the court requires it. The Register usually sets a bond amount based on the estate value. In some cases, eligible heirs can waive the bond in writing.
6. If the court approves, you receive letters of administration—formal authority to act for the estate.

5. If multiple siblings want to serve

If more than one person with similar priority petitions, the court may decide between them. The court prefers an heir who is available, willing, and able to administer the estate responsibly. If heirs agree among themselves, they can present that agreement to the Register to simplify the appointment.

6. Duties after appointment

Once appointed, the administrator must:

• Gather and safeguard estate assets.
• Give notice to creditors and pay valid debts and taxes.
• File inventories and accountings as the court requires.
• Distribute remaining assets to heirs according to Pennsylvania’s intestate distribution rules (see Title 20).
• Keep clear records and act in the heirs’ best interests.

7. Timing, costs, and complexity

Appointment timelines vary by county. Costs include court filing fees, possible bond premiums, and attorney fees if you hire counsel. Simple estates move faster; estates with real estate, contested claims, or tax issues take longer. Some counties offer simplified procedures for small estates—check local rules or ask the Register of Wills.

8. When to consider hiring a probate attorney

Get an attorney if heirs dispute who should serve, if the estate has complicated assets (business interests, out-of-state property), if significant creditor claims exist, or if tax issues arise. An attorney can prepare the petition, advise about bond and notice requirements, and represent the administrator in court and to third parties.