How can next of kin qualify to be appointed as the estate administrator? — PA

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How a Next of Kin Can Qualify to Be Appointed as the Estate Administrator in Pennsylvania

This FAQ-style guide explains, in plain language, what a next of kin needs to do to be appointed as the administrator (personal representative) of a deceased person’s estate under Pennsylvania law. This is general information only and not legal advice. Consult an attorney for help with a specific case.

Short answer

A next of kin can qualify to be appointed as the estate administrator by (1) being the person with priority under Pennsylvania’s intestacy rules (or being chosen by other equally prioritized heirs), (2) being legally competent and at least 18 years old, (3) filing the required petition and paperwork with the county Register of Wills (or Orphans’ Court), and (4) meeting bond, notice, and other procedural requirements. If the decedent left a will, the named personal representative usually has priority; if not, the court appoints an administrator according to statutory priority and the county process.

Detailed answer — step by step

1. Who has priority to be appointed?

Pennsylvania law follows a statutory order of priority for appointment when an estate needs administration. In most common situations the order is:

  • the surviving spouse;
  • the decedent’s children (and their descendants);
  • the decedent’s parents;
  • the decedent’s siblings (and their descendants);
  • more remote next of kin if none of the above exist.

If a valid will names a personal representative (executor), that person has priority to be appointed. If the named person declines or cannot serve, the court or Register of Wills will appoint a suitable person (often the next of kin).

For the statutory framework that governs intestacy and administration procedures in Pennsylvania, see Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries): 20 Pa.C.S. (Decedents, Estates and Fiduciaries). For practical court-level information on probate and administration, see the Pennsylvania Courts public page: PA Courts: Probate & Administration.

2. Basic legal qualifications

  • Age and capacity: generally must be at least 18 and mentally competent.
  • Not disqualified by criminal conduct: someone who unlawfully caused the decedent’s death is typically disqualified from inheriting or serving as personal representative.
  • No active legal prohibition: the person should not be subject to a court order that prevents them from serving (for example, certain guardianship or incapacity orders).

3. Practical steps to get appointed

  1. Find out whether the decedent left a valid will. If so, contact the Register of Wills in the county where the decedent lived or owned property. If there is no will, you will seek letters of administration.
  2. Prepare and file a petition or application for letters of administration (or for probate of the will and issuance of letters to the nominated personal representative). Filing is done with the county Register of Wills (and sometimes the Orphans’ Court handles contested matters).
  3. Provide required documents: certified death certificate, identification, an heir/next-of-kin affidavit or family chart, any original will (if one exists), and the filing fee. Each county has local forms and fees.
  4. Serve or notify interested parties. The Register of Wills will usually require notice to heirs and beneficiaries; the process and timing depend on local practice and whether there is a will.
  5. Bond and waivers: the court may require the administrator to post a surety bond to protect estate creditors and heirs. Heirs can sometimes waive the bond if permitted by the will or by unanimous agreement. The Register’s office can tell you if bond is required and how to obtain a waiver.
  6. Appointment: if all is in order, the Register of Wills will issue letters of administration (or letters testamentary if the will named a representative). These letters are the legal authority to act for the estate (collect assets, pay debts, file tax returns, and distribute property).

4. When multiple next of kin exist at the same priority level

If more than one person has the same statutory priority (for example, multiple adult children), they commonly agree on which person will serve. If they cannot agree, the court will decide who should be appointed based on suitability, willingness to serve, and in some cases the order of petition filing. The court’s goal is to appoint someone who will act in the best interest of the estate and the heirs.

5. Common reasons an application is denied

  • Applicant is under age or lacks legal capacity.
  • Applicant has a conflict (for example, serious criminal conduct related to the decedent).
  • The county paperwork is incomplete or required bond is not provided and no waiver is available.
  • Active disputes among heirs that require Orphans’ Court intervention.

6. Practical considerations and tips

Serving as an administrator is a fiduciary role. The administrator must follow the law, keep accurate records, protect estate assets, pay valid debts and taxes, and distribute remaining property according to the will or Pennsylvania intestacy rules. If you are unsure about handling these duties, consult an attorney experienced in Pennsylvania probate and estate administration.

Helpful Hints

  • Contact the Register of Wills in the county where the decedent lived for local forms, fees, and procedures — each county can have slightly different requirements.
  • Bring several certified copies of the death certificate; many banks and agencies require them.
  • If a will exists, locate the original will and any statements or letters naming a preferred personal representative.
  • Ask heirs to sign a bond waiver if bond is allowed to be waived — this speeds appointment and avoids bond costs.
  • Keep excellent records: receipts, bank statements, notices to creditors, and distributions. These records protect you if heirs later question your actions.
  • If heirs contest your appointment or a will’s validity, the matter may move to the Orphans’ Court and you should consider getting a lawyer who handles probate litigation.
  • Remember tax deadlines: federal and Pennsylvania estate or income tax filings may be required; consult a tax professional if needed.

Next steps

Start by contacting the county Register of Wills where the decedent lived. If the case is straightforward and you and other heirs agree, the process is often administrative and quick. If there is dispute, incapacity, or complex assets, speak with a probate attorney to protect your rights and to comply with Pennsylvania law.

Disclaimer: This article explains general Pennsylvania probate procedures and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Pennsylvania attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.