What happens if a public administrator is appointed to handle the estate? - Pennsylvania
The Short Answer
In Pennsylvania, when no appropriate family member (or other priority person) steps forward to serve, the Register of Wills can appoint a neutral third party to act as the estate’s personal representative (often described in plain language as a “public administrator”). That appointed administrator then has legal authority to take control of estate assets, pay valid debts/expenses, and distribute what remains under the will or intestacy law.
What Pennsylvania Law Says
Pennsylvania does not use the exact same terminology in every county, but the concept is the same: if there is no executor who can serve (or no will), the court system appoints an administrator to protect the estate and move probate forward. The Register of Wills must generally follow a statutory priority list (spouse, heirs, etc.), but if no one with priority is available, willing, or suitable, the Register can appoint another “fit person” to serve.
The Statute
The primary law governing who gets appointed is 20 Pa.C.S. § 3155.
This statute establishes the order of priority for granting letters of administration and allows appointment of other fit persons when higher-priority candidates do not serve.
Once appointed, the administrator generally has the right to take possession of and administer estate property during probate. See 20 Pa.C.S. § 3311.
If you want more background on what a court-appointed fiduciary does, you may also find helpful: What Are an Executor’s Responsibilities During Probate in Pennsylvania? and How Do I Handle a Dispute Over Who Should Be the Executor or Administrator in Pennsylvania?.
Why You Should Speak with an Attorney
Even though the statute provides a priority list and a mechanism to appoint a neutral administrator, the real-world consequences can be significant—especially if you believe you (or another family member) should be serving instead.
- Strict Deadlines: Pennsylvania law can delay issuance of letters to certain lower-priority applicants (like creditors or “other fit persons”) until at least 30 days after death unless higher-priority parties consent. See 20 Pa.C.S. § 3155(c).
- Burden of Proof: If you want to challenge an appointment or argue “good cause” exists to skip someone in the priority order, you typically need admissible evidence (family status, renunciations, conflicts of interest, capacity concerns, misconduct risk, etc.).
- Exceptions: The Register of Wills can deviate from the priority order for “good cause,” and disputes about suitability, conflicts, or competing petitions can quickly turn into litigation in Orphans’ Court.
When a neutral administrator is appointed, they may move forward with securing property, accessing accounts, and making decisions that affect heirs—sometimes before the family realizes what is happening. Having a probate attorney involved early can help protect your rights, address disputes efficiently, and avoid costly mistakes.
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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.