Short answer
If your dad died without a will in Pennsylvania, you can ask the county Register of Wills (or the Orphans’ Court in that county) to appoint a personal representative called an “administrator” to open and handle the estate. The process generally requires filing a petition for letters of administration, proving your relationship to the decedent, providing a certified death certificate, and either posting a fiduciary bond or obtaining a waiver of bond from the heirs. Courts follow statutory priority rules for who may be appointed. For the governing statutes, see Pennsylvania Decedents’ Estates (Title 20): 20 Pa.C.S. (Decedents’ Estates), and general guidance from the Pennsylvania courts: Pennsylvania Courts — Estate & Probate.
Detailed answer — step by step under Pennsylvania law
This section explains the usual steps, documents, and legal rules you will run into when seeking appointment as administrator of an intestate (no-will) estate in Pennsylvania. This is an educational summary and not legal advice.
1) Confirm where probate must be filed
File in the county where your father lived (his domicile) at the time of death. Each county has a Register of Wills (or Register and Orphans’ Court) that opens estates and issues “letters” to administrators.
2) Who has priority to be appointed?
Pennsylvania statutes set who has preference to serve as personal representative. Typically the surviving spouse has first priority, followed by the decedent’s children, then other next of kin. If multiple persons of the same priority class seek appointment, the court will consider agreements among them or hold a hearing. See Title 20 Pa.C.S. (Decedents’ Estates) for the statutory priority rules: 20 Pa.C.S.. If you are unsure of your priority, contact the Register of Wills in the county where the decedent lived.
3) What you must file
- A petition or application for letters of administration with the county Register of Wills.
- A certified copy of the death certificate.
- Proof of your identity and your relationship to the decedent (e.g., your birth certificate or other documents showing parent–child relationship).
- A list of next-of-kin and their contact information (the Register may call this an “affidavit of heirs” or “family chart”).
- Renunciations, if other persons with priority sign papers saying they do not wish to serve. Renunciations simplify appointment and can waive bond in some cases.
4) Bond and waivers
Pennsylvania often requires a fiduciary bond (a surety bond) to protect estate creditors and beneficiaries. The Register or Orphans’ Court will set the bond amount. In many cases, the law allows the bond to be waived if all heirs entitled to receive under intestacy sign a waiver or an agreement. Ask the Register of Wills what bond rules apply in that county.
5) Temporary or emergency access
If you need immediate authority to secure assets (e.g., house, bank accounts) the court or Register may appoint a special or temporary administrator with limited powers. Ask the Register about a short-term appointment while the regular probate petition is processed.
6) After appointment
- You will be issued “letters of administration” or similar credentials that banks and institutions accept to release funds and property.
- You must inventory estate assets and may have to publish notice to creditors and file accountings or inventories with the court at specified times.
- You will pay debts, file final tax returns for the decedent, and distribute remaining assets according to Pennsylvania intestacy rules (see 20 Pa.C.S., Decedents’ Estates).
7) What if someone contests your appointment?
If a higher-priority person objects or claims the appointment should go to someone else, the Register or Orphans’ Court will set a hearing. At that hearing the court decides who should serve, often favoring the statutory priority order and the best interests of the estate. If the appointment is complex or contested, consider consulting an attorney experienced in Pennsylvania probate practice.
Common documents you should gather before you go to the Register of Wills
- Certified death certificate (multiple certified copies).
- Your photo ID (driver’s license or passport).
- Proof of relationship to the decedent (birth certificate, adoption records, or other documentation).
- Any available estate asset information: bank account statements, deeds, titles, life insurance policies, retirement accounts.
- Names and addresses of other heirs or potential heirs (siblings, children, spouse).
Where to find forms and local instructions
Each Pennsylvania county Register of Wills has its own forms and filing procedures. Start at the statewide resources page for probate and then go to your county Register of Wills site or contact their office directly. Pennsylvania Courts general probate self-help: https://www.pacourts.us/services/self-help/estate-probate. For the statutory framework, see Title 20 Pa.C.S. (Decedents’ Estates): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?ttl=20.
When to consult an attorney
Consider hiring an attorney if the estate is large, contains real estate in multiple jurisdictions, includes business interests, has likely creditors or tax issues, or if potential heirs are disputing who should be administrator. An attorney can help with contested appointments, bond issues, probate litigation, and complex filings.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and facts matter. For advice about your specific situation, contact a qualified Pennsylvania probate attorney or your county Register of Wills.
Helpful Hints
- Contact the county Register of Wills first — they can tell you the exact local forms and fees required.
- Bring several certified death certificates — banks and government offices often require them.
- If other heirs won’t sign waivers, be prepared for a potential hearing; gather documents that prove your relationship and any agreement among heirs.
- Keep careful records of every estate transaction once you become administrator (deposits, payments to creditors, distributions to heirs).
- If you are appointed, obtain an Employer Identification Number (EIN) for the estate from the IRS for tax filings: IRS — Apply for an EIN.
- If immediate action is required (security of property, payroll, utilities), ask the Register about requesting a temporary or special administrator while probate is pending.
- When in doubt, get a short consultation with a Pennsylvania probate attorney — a single appointment can clarify bond requirements, likely timelines, and whether the appointment is likely to be contested.