The Short Answer

In Pennsylvania, disagreements over who should serve as executor (when there is a will) or administrator (when there is no will) are typically decided through the Register of Wills and, if necessary, the Orphans’ Court. The outcome often turns on who has legal priority to receive “letters” and whether there is “good cause” to bypass someone who would otherwise be next in line.

What Pennsylvania Law Says

When someone dies, a personal representative must be appointed to manage the estate. If there is a valid will, the Register of Wills generally issues letters testamentary to the executor named in the will. If there is no will (or no available executor), the Register issues letters of administration based on a statutory priority list—unless there is “good cause” to appoint someone else.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3155.

This statute establishes who is entitled to receive letters (including the order of priority for administrators) and allows the Register to deviate from that order for “good cause.”

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 the Register issues a decree granting letters and you need to challenge it, the appeal window and related requirements matter. Pennsylvania law generally allows an appeal from a decree of the Register to the court within one year, and the court can shorten that to three months in some situations. See 20 Pa.C.S. § 908.
• Burden of Proof: If you are arguing “good cause” to bypass someone with statutory priority (or challenging someone’s fitness), you typically need persuasive evidence—not just family disagreement or distrust.
• Exceptions and Risk to the Estate: Even if you appeal, the personal representative’s powers usually are not automatically suspended, which can affect estate assets and transactions while the dispute is pending. See 20 Pa.C.S. § 908(c).

Because these disputes can quickly become high-stakes (control of accounts, property access, creditor issues, and family conflict), getting counsel early can help protect the estate and your rights while the court decides who should serve.

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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.