The Short Answer

In Pennsylvania, getting authority to act for an estate usually requires filing a sworn petition with the Register of Wills to obtain letters testamentary (when there is a will naming an executor) or letters of administration (when there is no qualified executor). The petition must include specific information about the decedent, the heirs/beneficiaries, the estate’s estimated value, and why the petitioner is entitled to serve.

What Pennsylvania Law Says

“Probate” in Pennsylvania is the process of presenting the will (if one exists) and obtaining official authority—called “letters”—so someone can collect assets, pay valid debts, and distribute property. The Register of Wills is the office that issues letters, and Pennsylvania law requires a petition that is sworn under oath and contains certain core facts (even if some details are only “so far as they are known”).

The Statute

The primary law governing what must be included in the petition is 20 Pa.C.S. § 3153.

This statute establishes that a petition for letters must be made under oath and must state key information such as the decedent’s identifying details and death information, whether the decedent died with a will or without one, the identities/addresses of heirs (in intestacy), estimated values and locations of property, the person(s) seeking appointment, and any other facts needed to show entitlement to letters.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If a later will or codicil is submitted within three months after death (but after an earlier instrument was probated), the Register may reopen the probate record with required notice—timing and notice can affect who has authority to act. See 20 Pa.C.S. § 3138.
• Burden of Proof: If the will is not self-proving, is a copy, appears altered, or is contested, the Register may require additional proof before granting letters—mistakes can delay access to accounts and create personal liability risks.
• Exceptions: Priority to serve is not always “first come, first served.” Pennsylvania sets an order of entitlement for letters (and includes restrictions, such as when someone is charged in connection with the death). See 20 Pa.C.S. § 3155.

Trying to handle this alone can lead to delays, rejected filings, disputes among family members, or the wrong person being appointed—problems that can be expensive to fix later.

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.