The Short Answer

In Pennsylvania probate, the lawyer hired for the estate administration is typically counsel for the personal representative (executor/administrator) in their fiduciary role, not a personal lawyer for each beneficiary. Because the personal representative must act for the benefit of the estate and all interested parties, that attorney often cannot also represent an individual beneficiary when interests diverge or could diverge.

What Pennsylvania Law Says

Probate is built around the personal representative’s fiduciary duties: collecting and managing estate property, paying valid debts and taxes, and distributing what remains according to the will or intestacy law. That structure matters because the attorney’s work is generally aimed at helping the personal representative carry out those duties properly and avoid personal liability—rather than advocating for one beneficiary’s preferred outcome over another’s.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3331.

This statute reinforces that estate-related actions and obligations are handled against the personal representative in a fiduciary capacity (i.e., acting for the estate), which is one reason the estate’s counsel is usually aligned with the fiduciary role—not with any one beneficiary’s individual interests.

If you want more background on disputes involving the fiduciary role itself, see: disputes over who should serve as executor/administrator in Pennsylvania.

Why You Should Speak with an Attorney

Even when everyone starts out “getting along,” beneficiary interests can quickly conflict with the personal representative’s decisions (timing of distributions, valuation of assets, sale of real estate, payment of claims, executor compensation, or whether to pursue recovery of assets). When that happens, one lawyer cannot ethically and practically advocate for both sides without risking a conflict.

• Strict Deadlines: Probate and Orphans’ Court disputes can involve short objection windows and timing issues tied to accountings and distributions. Missing a deadline can reduce leverage or waive rights.
• Burden of Proof: If you believe something is wrong (missing assets, self-dealing, improper expenses), you may need evidence that supports a surcharge, removal request, or objection—often requiring records you don’t automatically control.
• Exceptions: Sometimes a beneficiary and the personal representative appear aligned, but conflicts can arise later (for example, if the fiduciary is also a beneficiary, or if the estate may have claims against the fiduciary). These situations require careful conflict analysis before any “dual representation” is even considered.

Trying to rely on the estate’s attorney for personal advice can leave you unprotected—because that lawyer’s duties may not include advocating for your individual share, strategy, or objections.

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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.