How to Compel an Estate Administrator to Pay Your Inheritance Share in Pennsylvania
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
In Pennsylvania, if an estate administrator delays or refuses to distribute your share of an inheritance, you can ask the Orphans’ Court to force payment. Pennsylvania law gives beneficiaries tools to obtain an accounting and prompt distribution once creditors have been paid and estate expenses covered.
1. Demand an Accounting
Every executor or administrator must file a first account with the Orphans’ Court within six months of appointment. Under 20 Pa.C.S. § 3153, you can formally request a copy of this account. Review it to verify asset values, debts, expenses, and your share.
Link to statute: 20 Pa.C.S. § 3153.
2. File a Petition to Compel Distribution
If the administrator fails to distribute after settling valid claims, file a petition in Orphans’ Court. Under 20 Pa.C.S. § 3182, the court may issue an order requiring the administrator to account and distribute the estate. Your petition should include:
- Names of beneficiaries and administrator
- Dates of letters (appointment) and accounting deadlines
- Details of your share and reasons for delay
Link to statute: 20 Pa.C.S. § 3182.
3. Attend the Rule to Show Cause Hearing
The court will usually issue a Rule to Show Cause requiring the administrator to appear and explain the delay. At the hearing, you can present evidence that creditors are paid and that no valid reason exists for further delay.
4. Obtain and Enforce the Distribution Order
If the court finds in your favor, it will order the administrator to distribute your share by a specified date. Failure to comply can lead to sanctions, removal of the administrator, or appointment of a successor under 20 Pa.C.S. § 3136.
Helpful Hints
- Review creditor claims: Ensure valid claims are satisfied before demanding distribution.
- Keep deadlines in mind: The first account is due six months after letters. Act promptly if you see a delay.
- Gather documentation: Collect estate notices, account statements, and correspondence showing delay.
- Consider mediation: Some courts offer estate mediation programs to resolve disputes faster.
- Consult local rules: Each county’s Orphans’ Court may have its own filing requirements and fees.