How Can I Become the Administrator of a Deceased Relative’s Estate in Pennsylvania When There Is No Will? - Pennsylvania
The Short Answer
In Pennsylvania, when someone dies without a will (intestate), the Register of Wills can appoint an “administrator” and issue Letters of Administration—but not everyone has equal priority to serve. Generally, the surviving spouse and then the intestate heirs have priority, and the Register of Wills may choose among eligible heirs based on who is best positioned to administer the estate.
What Pennsylvania Law Says
When there is no will, the estate is still handled through the county Register of Wills, and someone must be formally appointed to act for the estate (collect assets, pay valid debts, and distribute the remaining property to heirs). Pennsylvania law sets an order of priority for who is entitled to receive Letters of Administration, and it also gives the Register of Wills discretion—especially when multiple heirs are eligible or there is conflict.
The Statute
The primary law governing who can be appointed is 20 Pa.C.S. § 3155.
This statute establishes that, for an intestate estate, the Register of Wills grants Letters of Administration (absent good cause) in a priority order—starting with the surviving spouse, then those entitled under intestate law (heirs), followed by creditors and other fit persons.
Why You Should Speak with an Attorney
While the statute provides the general priority rules, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Pennsylvania law can impose timing limits on when lower-priority applicants (like creditors) may seek letters without the consent of higher-priority family members (for example, a 30-day waiting period in certain situations). See 20 Pa.C.S. § 3155(c).
- Burden of Proof: If more than one person wants to serve, you may need to show the Register of Wills why you are the most suitable choice (and respond to objections from other heirs).
- Exceptions: Eligibility can be affected by issues like residency (the Register may refuse letters to a nonresident) and other disqualifying circumstances. See, e.g., 20 Pa.C.S. § 3157.
Trying to handle this alone can lead to delays, rejected filings, family disputes, or personal liability if estate funds are mishandled. If you anticipate disagreement among relatives or uncertainty about heirs, getting counsel involved early can protect you and keep the estate on track.
If you want more background, you may also find these helpful: 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.