Overview

If your parent died without a will in Pennsylvania, you can ask the court to appoint you to manage their estate so assets can be collected, debts paid, and property distributed to heirs. This article explains the common steps, who has priority to serve, typical documents you will need, and what duties the administrator will perform. This is a general guide only and not legal advice.

How appointment works in Pennsylvania (basic legal framework)

When someone dies intestate (without a valid will) in Pennsylvania, the court appoints a personal representative (often called an administrator) to handle the estate through the Register of Wills and the Court of Common Pleas (Orphans’ Court). The rules and procedures are governed by Pennsylvania law (Title 20 — Decedents, Estates and Fiduciaries). For the statutory framework, see Pennsylvania Consolidated Statutes, Title 20: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

Who may be appointed (priority of heirs)

• Priority generally goes to the surviving spouse (if any) and then to adult children. If there is no spouse or children, parents or siblings may have priority.
• If multiple people in the same priority class want to serve, the court will decide who is best suited. If no family member is willing or able, a neutral professional or public administrator can be appointed.

Step-by-step: How to apply to serve as administrator

1. Find the correct county office. File where the decedent resided at death. Contact that county’s Register of Wills (or the Clerk of the Orphans’ Court) for forms and local procedures. The Pennsylvania judicial site is a good starting point: Pennsylvania Courts.
2. Gather basic documents. Common items the Register of Wills will ask for include:
   • Certified copy of the decedent’s death certificate;
   • A filled Petition for Letters (sometimes called a Petition for Grant of Administration);
   • An affidavit or statement listing the decedent’s heirs and next of kin (names, addresses, relationships);
   • Estimated inventory of assets and their locations;
   • Any known creditor information.
3. File the petition. Submit the Petition for Letters with the Register of Wills and pay the filing fee. The petition asks the court to appoint you as administrator and to issue Letters of Administration (the legal authority to act for the estate).
4. Bond requirement. The court usually requires a fiduciary bond to protect the estate from mismanagement. Sometimes the bond can be waived or reduced (for example, if the only heir is the petitioner and the court agrees). Discuss bond options with the Register of Wills or an attorney.
5. Notice and citation. The Register of Wills typically gives notice to known heirs and may publish required notices to creditors. The court may hold a short hearing or simply review the petition and supporting materials before issuing Letters.
6. Take any required oath and receive Letters of Administration. Once appointed and bonded if required, you sign an oath and the Register issues Letters of Administration. Those letters let banks, government agencies, and others recognize you as the lawful representative.

Practical documents and tasks after appointment

• Open a separate estate bank account for receipts and payments.
• Prepare and file an inventory of estate assets as required by local rules.
• Give notice to creditors and handle claims according to Pennsylvania procedures.
• Pay valid debts and taxes from estate funds, including final income tax and any estate tax obligations.
• Arrange distribution of remaining assets to heirs according to Pennsylvania intestacy law.
• Keep clear records; you may need to file accountings with the court when closing the estate.

Common timelines and deadlines

Timing varies by county and by the complexity of the estate. Some administrative tasks (like providing notice to creditors or publishing a notice) have specific statutory timelines. Check the local Register of Wills for deadlines and any county-specific procedural rules.

When you should get help from an attorney

Consider hiring an attorney if any of the following apply:

• There are disputes among heirs about who should be appointed or how assets should be distributed.
• The estate holds real estate or complex financial assets.
• There are significant creditor claims or potential tax issues.
• You are unfamiliar with court filings and want help preparing petitions, bond paperwork, or accountings.

Helpful resources

• Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20
• Pennsylvania Courts (county resources and Register of Wills contact information): https://www.pacourts.us/

Helpful Hints

• Contact the county Register of Wills before you file. They can tell you exactly which forms and fees are required in that county.
• Collect a certified death certificate early — the Register of Wills will usually require one.
• Prepare a short family tree listing all potential heirs and their contact information; courts and the Register will want this.
• Keep personal funds and estate funds separate at all times. Open an estate account immediately after receiving Letters.
• Be ready to post a bond. If you can’t afford a bonding company premium, ask the Register or the court about possible waivers or alternatives.
• Document all communications, receipts, and expenditures. You will likely need to account for everything to the heirs or to the court.
• Consider a short consult with an estate attorney if anything feels contested or unusually complex. A limited-scope engagement (one task at a time) can be cost-effective.

Closing the estate

After debts and taxes are paid and assets distributed, you will file final accounting and petition the court to close the estate. The Register of Wills or local court clerk will explain the county’s closing procedure.

Disclaimer

This article explains general information about applying to serve as an administrator of an intestate estate under Pennsylvania law. It is not legal advice and does not create an attorney-client relationship. Laws and court procedures change and local practices vary. For advice about your specific situation, contact the Register of Wills in the county where the decedent lived or consult a licensed Pennsylvania attorney.