Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a personal representative (also known as executor or administrator) is appointed in Pennsylvania, they have specific obligations to heirs and other interested parties. These duties ensure transparency and proper estate administration under Pennsylvania law.
1. Notification of Appointment
Within 20 days of receiving letters, the personal representative should inform known heirs of their appointment. This may be done via formal notice or certified mail. While the statute does not specify a strict deadline for notifying heirs, timely notification helps heirs protect their rights.
2. Inventory of Estate Assets
Pennsylvania law requires the personal representative to file an inventory of estate assets in the Orphans’ Court within six months of appointment and to mail a copy to each interested party. (See 20 Pa.C.S. § 3102.) This inventory lists real property, personal property, financial accounts, and other estate assets as of the date of death.
3. Accounting and Returns
Within nine months of appointment, and annually thereafter if the estate remains open, the personal representative must file an account and return in the Orphans’ Court and mail a copy to each beneficiary or heir. (See 20 Pa.C.S. § 3103.) This document details all receipts, disbursements, and distributions made on behalf of the estate.
4. Distribution Notice
Before distributing estate assets, the personal representative must provide heirs with a Notice of Proposed Distribution, outlining the assets to be distributed and the timing of distribution. This allows heirs to raise objections or claim statutory allowances.
5. Duty of Communication and Record Keeping
The personal representative has an ongoing duty to keep heirs reasonably informed about significant events, such as sale of major assets, settlement of claims, or pending litigation. They must also maintain accurate records and respond to reasonable information requests from heirs.
6. Enforcement and Oversight
Heirs may petition the Orphans’ Court to compel the personal representative to comply with these duties or to remove them for breach of fiduciary duty. Pennsylvania courts hold personal representatives to high standards of loyalty, care, and impartiality.
Helpful Hints
- Maintain a clear, organized file of all estate documents, notices, and communications.
- Use certified mail or other trackable methods when sending notices to heirs.
- Mark and adhere to critical deadlines: six months for inventory, nine months for accounting.
- Review the Pennsylvania Orphans’ Court Rules for specific procedural requirements.
- Consider consulting an estate attorney if the estate is complex or heirs dispute administration.