What Happens If the Named Executors in a Will Are Deceased? - Pennsylvania
The Short Answer
If the executor(s) named in a Pennsylvania will have died (or cannot serve), the estate does not “stop.” Instead, the Register of Wills will appoint another qualified person to act as the estate’s personal representative, following Pennsylvania’s priority rules.
In many cases, a beneficiary (often the residuary beneficiary) or the surviving spouse can step in, but the right person—and the right type of “letters”—depends on the will and the family situation.
What Pennsylvania Law Says
Pennsylvania estates are administered by a court-appointed personal representative who receives authority through “letters.” When the will’s named executor cannot serve (including because they are deceased), the Register of Wills looks to the Probate, Estates and Fiduciaries Code to determine who is entitled to be appointed and in what order.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3155.
This statute establishes that letters are granted to the executor named in the will when available, and if not, the Register of Wills grants letters of administration to eligible people in a priority order (starting with those entitled to the residuary estate under the will, then the surviving spouse, then intestate heirs, and so on).
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: Pennsylvania law can impose timing constraints on who may receive letters in certain categories (for example, some applicants generally must wait at least 30 days after death unless higher-priority parties consent). See 20 Pa.C.S. § 3155(c).
- Burden of Proof: The Register of Wills may require clear documentation about who has priority (e.g., who the residuary beneficiaries are, whether anyone is renouncing, and whether there are disputes about the will’s validity or a later will/codicil).
- Exceptions: Disqualifications and complications can apply—such as restrictions on issuing letters to someone charged in connection with the decedent’s death. See 20 Pa.C.S. § 3155(d). Also, if a fiduciary dies or becomes incapacitated during administration, special rules can affect control of estate assets. See 20 Pa.C.S. § 3324.
When executors are deceased, families often run into disputes over who has priority, whether someone should be bypassed “for good cause,” and how to keep assets protected while the appointment is sorted out. An attorney can help you pursue the correct appointment and reduce the risk of delays, objections, or missteps that can expose the personal representative to liability.
Get Connected with a Pennsylvania 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.
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.