How do I apply for letters of administration and what AOC forms are required? - Pennsylvania
The Short Answer
In Pennsylvania, “letters of administration” are issued by the county Register of Wills to appoint a personal representative when there is no will (or no executor can serve). You generally apply by filing a petition in the proper county and showing you are entitled to serve under Pennsylvania’s priority rules.
What Pennsylvania Law Says
Letters are granted by the Register of Wills in the county where the decedent had their last family or principal residence. Pennsylvania law also sets a priority list for who is entitled to be appointed administrator (for example, surviving spouse and heirs generally have priority over creditors and unrelated persons), and the Register can consider “good cause” issues that affect who should serve.
The Statute
The primary law governing who is entitled to letters of administration is 20 Pa.C.S. § 3155.
This statute establishes an order of priority for appointment (and timing limits in some situations), which can control whether you can be appointed—or whether someone else can object and seek appointment instead.
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:
- Proper county and jurisdiction: Letters are generally issued only in the county of the decedent’s last residence, and filing in the wrong place can delay administration. (See 20 Pa.C.S. § 3151.)
- Who has priority (and whether someone can challenge it): Even close family members can have competing rights to serve, and renunciations/consents and “good cause” disputes can change the outcome. (See 20 Pa.C.S. § 3155.)
- Residency and qualification issues: The Register has discretion to refuse letters to a nonresident, which can affect out-of-state family members trying to open an estate. (See 20 Pa.C.S. § 3157.)
About “AOC forms” in Pennsylvania: Pennsylvania probate is handled through the Register of Wills/Orphans’ Court, and the forms you’ll typically see are county Orphans’ Court/Register of Wills forms (often labeled “RW-__”), not a single statewide AOC packet used everywhere. Many counties use a Petition for Grant of Letters and related renunciation/information forms, but the exact required form set and formatting can vary by county—one of the main reasons people hire counsel.
If you want more background reading, see our related posts: How Do I Apply for Probate and Letters Testamentary in Pennsylvania? and What Documents Do I Need for a Small Estate Petition 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.