The Short Answer

In Pennsylvania, an heir (or other “party in interest”) can ask the Orphans’ Court to intervene when an administrator is wasting, mismanaging, or otherwise jeopardizing the estate—including suspected fraud. Common remedies include forcing an accounting, seeking removal of the administrator, and pursuing financial recovery against the administrator (and sometimes the surety bond) for losses caused by the misconduct.

What Pennsylvania Law Says

Administrators (personal representatives) owe fiduciary duties to the estate and its beneficiaries. When an administrator mishandles estate property, self-deals, hides transactions, or otherwise breaches those duties, the Orphans’ Court has broad authority to protect the estate—up to and including removing the administrator and issuing orders to secure and recover estate assets.

The Statute

The primary law governing removal for misconduct is 20 Pa.C.S. § 3182.

This statute authorizes the court to remove a personal representative for reasons including wasting or mismanaging the estate, failing to perform duties imposed by law, or when the estate’s interests are otherwise likely to be jeopardized by the fiduciary continuing in office.

Procedurally, Pennsylvania also allows an interested party to petition the court to require the administrator to appear and show cause why they should not be removed, and the court may enter orders to secure and deliver estate assets after removal. See 20 Pa.C.S. § 3183. And because accepting the appointment submits the administrator to Orphans’ Court jurisdiction for claims like accounting, removal, and breach of duty, these disputes are typically handled directly in that court. See 20 Pa.C.S. § 3163.

Why You Should Speak with an Attorney

Even when misconduct seems obvious, getting meaningful relief usually requires the right court filings, the right evidence, and the right remedy request. Legal outcomes often depend on:

• Strict Deadlines: Waiting too long can make recovery harder (assets disappear, records get “lost,” and defenses like delay can become issues). If you need emergency relief, timing can be critical.
• Burden of Proof: Proving fraud or breach often requires bank records, closing documents, appraisals, communications, and testimony—especially if the administrator claims the transfers were “reimbursements,” “loans,” or “gifts.”
• Exceptions and Remedies: The court may remove the administrator under 20 Pa.C.S. § 3182, but you may also need orders to freeze/secure assets, compel delivery of records, pursue repayment, or proceed against a bond/surety depending on how the estate was administered.

Trying to handle this alone can lead to avoidable procedural mistakes, incomplete relief, or a delayed court response—especially when estate property has already been transferred or sold.

If you want more background, you may find these helpful: challenging an executor’s accounting and recovering missing estate funds and disputes over who should serve as executor/administrator.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.