What steps do I take to be appointed as estate administrator or co-administrator? - Pennsylvania
The Short Answer
In Pennsylvania, an estate administrator (or co-administrator) is appointed by the county Register of Wills through the issuance of “letters of administration.” Who gets appointed is not simply “first to file”—Pennsylvania law sets a priority order, and the Register can deny or delay an appointment if there are eligibility issues, disputes, or missing consents.
If you are seeking co-administrator status, you typically need agreement/consent from the other proposed co-administrator(s), because joint appointments can create practical and legal complications.
What Pennsylvania Law Says
When someone dies without a will (or when no executor can serve), the Register of Wills issues letters of administration to a qualified person (or persons). Pennsylvania law establishes a hierarchy of who has priority to serve, and it also imposes timing limits and disqualifications in certain situations.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3155.
This statute establishes the order of priority for granting letters of administration (for example, surviving spouse and heirs generally have priority), allows renunciation/nomination in certain cases, restricts issuance to lower-priority applicants for the first 30 days in many situations, and bars issuance to a person charged with certain homicide offenses connected to the death until resolved.
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 Priority Rules (and Challenges): If someone with higher priority objects, your appointment can be delayed, denied, or later challenged under the priority framework in 20 Pa.C.S. § 3155.
- Timing Restrictions: Without consent from higher-priority parties, Pennsylvania limits issuing letters to certain lower-priority applicants until at least 30 days after death. See 20 Pa.C.S. § 3155(c).
- Eligibility and Practical Risk (especially for co-administrators): Co-administration can create deadlocks, bank access issues, and signature/authority problems. If there is family conflict, creditor pressure, or questions about fitness to serve, the Register’s decision-making becomes more complicated.
Trying to handle this alone can lead to delays in accessing accounts, mistakes that create personal liability, or a contested appointment that turns into expensive Orphans’ Court litigation. If you want a smoother appointment (especially as co-administrator), it is worth having counsel present your petition correctly and address priority/consent issues up front.
If you want more background reading, see: What Forms and Steps Are Needed to Get Letters of Administration in Pennsylvania? and How Do I Handle a Dispute Over Who Should Be the Executor or Administrator in Pennsylvania?.
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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.