Detailed Answer
When a co-heir refuses to cooperate in securing a decedent’s bank accounts in Pennsylvania, you must first obtain legal authority as a personal representative. Under 20 Pa.C.S. § 3122 (https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20&ch=31&sctn=3122), you file a Petition for Letters of Administration with the Register of Wills in the county where the decedent lived. The documents you generally need include:
- A certified copy of the decedent’s death certificate.
- An affidavit of heirship listing all potential heirs and their relationships.
- Signed renunciations or waivers from heirs who do not wish to serve.
- A completed Petition for Letters of Administration form obtained from the Register of Wills.
- An oath of office for the personal representative and, if required, a surety bond.
After the court issues Letters of Administration, you present the certified letters and death certificate to the bank. This gives you the legal right to freeze or secure the accounts. If remaining co-heirs still refuse to cooperate, you can petition the Orphans’ Court for an order enforcing the Letters of Administration and compelling account turnover.
For smaller estates (assets under $50,000), Pennsylvania law offers a Small Estate Affidavit under 20 Pa.C.S. § 3101 (https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?txtType=HTM&ttl=20&ch=31&sctn=3101). You must file an affidavit, a death certificate, and any bank-specific affidavit form. Banks vary in their acceptance of Small Estate Affidavits, so confirm their requirements in advance.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Helpful Hints
- Contact the Register of Wills in the decedent’s county to obtain local forms and fee schedules.
- Order multiple certified death certificates—banks and courts each require their own copy.
- Verify each bank’s freeze procedures; some banks have proprietary affidavit forms.
- Keep clear records of all petitions and court dates to meet statutory deadlines.
- Consider informal mediation to resolve heir disputes before requesting court intervention.