Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to discuss your specific circumstances.
Detailed Answer
In Pennsylvania, when someone dies without a will (intestate), the Orphans’ Court division of the Court of Common Pleas appoints an administrator to manage and distribute the estate. The process follows the Pennsylvania Consolidated Statutes, Title 20.
1. Filing a Petition for Administration
An interested party—typically a potential heir—must file a petition in the Orphans’ Court in the county where the decedent resided. The petition should include the decedent’s name, date of death, estimated value of the estate, and the petitioner’s relationship to the decedent.
2. Priority of Appointment
Under 20 Pa.C.S. § 3122 (link), the court assigns priority to close relatives:
- Surviving spouse alone or with minor children
- Children of the decedent
- Parents of the decedent
- Siblings of the decedent
- Other next-of-kin in order of kinship
If more than one person has equal priority, the court selects one or may allow them to agree on a joint appointment.
3. Qualification and Bond
The petitioner must qualify under 20 Pa.C.S. § 3123 (residency, age, mental capacity, no disqualifying convictions) and post a bond as required by 20 Pa.C.S. § 3151 (link). The court sets bond to protect creditors and heirs.
4. Issuance of Letters of Administration
Once the court approves the petition and bond, it issues “Letters of Administration” under 20 Pa.C.S. § 3102, granting the administrator authority to collect assets, pay valid debts, and distribute the remainder according to intestate succession laws.
Helpful Hints
- Identify all potential heirs and verify relationships with certified birth, marriage, or adoption records.
- Obtain multiple certified copies of the death certificate.
- Prepare a preliminary inventory of assets, including bank accounts, real estate, and personal property.
- Check if the estate qualifies for the Simplified Probate Procedure under 20 Pa.C.S. § 3101 for small estates.
- Keep clear records of all estate transactions and court filings.
- Consult an attorney if the estate involves complex assets or potential disputes among heirs.