What steps do I need to take to become the executor of my father’s estate? - Pennsylvania
The Short Answer
In Pennsylvania, you generally become the executor (also called the “personal representative”) by having your father’s will probated with the county Register of Wills and being issued Letters Testamentary. If there is no will (or no named executor can serve), you may need to seek Letters of Administration instead, and Pennsylvania law sets a priority order for who has the right to be appointed.
What Pennsylvania Law Says
In Pennsylvania, the Register of Wills in the proper county handles probate and the initial appointment of the person who will administer the estate. The county is typically where your father had his last family or principal residence at the time of death. Once the Register grants “letters,” that document is what banks, buyers, and other institutions usually require as proof you have legal authority to act for the estate.
The Statute
The primary law governing who is entitled to be appointed is 20 Pa.C.S. § 3155.
This statute establishes that Letters Testamentary are granted to the executor named in the will, and if there is no executor able to serve, Letters of Administration are granted in a priority order (often starting with certain beneficiaries, then the surviving spouse, then heirs under intestacy).
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: Even when you have priority to serve, Pennsylvania law can restrict when certain people (like creditors or “other fit persons”) may be appointed (for example, a 30-day waiting period may apply in some situations). See 20 Pa.C.S. § 3155(c).
- Burden of Proof: If the will is contested, unclear, or there are questions about the proper county, you may need to present additional proof before you can get letters and act for the estate.
- Exceptions: Eligibility issues can block an appointment in certain circumstances (including serious criminal charges connected to the death). See 20 Pa.C.S. § 3155(d).
Trying to handle this alone can lead to delays, rejected filings, family conflict, or personal liability if estate assets are mishandled. An attorney can evaluate whether you should be seeking letters testamentary vs. letters of administration, confirm the proper county, and help you avoid mistakes that can trigger disputes in Orphans’ Court.
If you want more background reading, you may find these helpful: How do I apply for probate and letters testamentary 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.