The Short Answer

In Pennsylvania, what many people call a “summary administration order” is usually handled through the Orphans’ Court small estate petition. Even if you do not have the certified/original will in hand, the court may still be able to authorize distribution in a small estate case—but missing will issues can trigger extra proof requirements and potential objections.

What Pennsylvania Law Says

Pennsylvania has a streamlined option for qualifying estates that can allow the Orphans’ Court to order distribution of certain estate property without full administration. Importantly, the statute allows the court to act “whether or not letters have been issued or a will probated”—but the court still must be satisfied about who is entitled to receive the property and whether notice/consents are required.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3102.

This statute establishes that when a Pennsylvania decedent’s qualifying property is within the statutory limit, the Orphans’ Court may (in its discretion, and with notice the court directs) order distribution of the property to the parties entitled through a petition-based process.

Why You Should Speak with an Attorney

While the small-estate statute provides a path to a court order, a missing original will can quickly turn a “simple” petition into a contested or delayed matter. Legal outcomes often depend on:

• Strict Deadlines: A will can be offered for probate at any time, but waiting can create real-world problems—especially involving real estate and third parties. Pennsylvania law also limits the effect of a will offered more than one year after death against certain bona fide purchasers/lienholders. See 20 Pa.C.S. § 3133.
• Burden of Proof: If the original will cannot be produced, the court may require reliable evidence about the will’s contents and why the original is missing (and whether anyone may claim it was revoked). That’s often where petitions get challenged.
• Exceptions and Court Discretion: Small estate relief under 20 Pa.C.S. § 3102 is discretionary, and the court can require notice, consents, or additional documentation—especially when there’s a will issue, family conflict, creditor risk, or unclear asset ownership.

If you file the wrong type of petition (or file it with incomplete proof), you can lose time, invite objections, or end up needing to start over—sometimes after assets are frozen or deadlines become harder to manage. For more background, you may also find helpful: What Can I Do in Pennsylvania If I Can’t Find the Original Will? and How Pennsylvania’s Small Estate Procedure Works.

Get Connected with a Pennsylvania Probate Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options—especially if the original will is missing and you need a court order to access bank accounts or other assets.

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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.