What steps are involved in obtaining letters of administration and closing an estate? - Pennsylvania
The Short Answer
In Pennsylvania, “letters of administration” are issued by the county Register of Wills to authorize a personal representative (administrator) to act for an estate when there is no executor able and willing to serve. Closing the estate typically requires an accounting and a court-confirmed distribution (or another locally accepted closing method), which can affect your liability as the administrator.
What Pennsylvania Law Says
In general terms, the Register of Wills issues letters to the person legally entitled to serve, and the personal representative must formally accept fiduciary duties to administer the estate according to Pennsylvania law. Later, to wrap up the estate and reduce future risk, the personal representative usually files an account and proceeds toward confirmation and distribution under Orphans’ Court practice.
The Statute
The primary law governing who is entitled to receive letters of administration is 20 Pa.C.S. § 3155.
This statute sets a priority order for who the Register of Wills should appoint as administrator (for example, giving preference to certain family members and, later in the list, creditors or other fit persons), and it also includes timing limits on when lower-priority applicants may be appointed.
Separately, before letters are granted, Pennsylvania requires the personal representative to take an oath to administer the estate according to law. See 20 Pa.C.S. § 3161.
For estate closing, Pennsylvania law addresses when an account may be filed and ties that timing to the advertisement of the grant of letters. See 20 Pa.C.S. § 3501.1.
Why You Should Speak with an Attorney
While the statutes provide the framework, applying them to your family situation and the estate’s assets/debts is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Pennsylvania’s accounting timeline is tied to the “first complete advertisement” of the grant of letters, and an account generally cannot be filed earlier than four months after that advertisement. See 20 Pa.C.S. § 3501.1.
- Burden of Proof and Paper Trail: Administrators must be able to document assets, payments, and proposed distributions in a way that will withstand beneficiary objections and Orphans’ Court scrutiny.
- Exceptions and Eligibility Disputes: Who is “entitled” to serve can be contested, and the Register has discretion in certain situations (including potentially refusing letters to nonresidents). See 20 Pa.C.S. § 3157.
Trying to handle this alone can create personal liability exposure (especially if distributions are made before debts/taxes are resolved) or lead to delays if beneficiaries object to the accounting or proposed distribution.
If you want more background reading, you may find these helpful: What forms and steps are needed to get letters of administration in Pennsylvania? and What do I need to do to close a probate estate 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.