By Jason R. Johns, Esq.

A common first step in estate planning is deciding who you would like to appoint as the Executor¹ of your Estate. Assuming that the named Executor agrees, they can then be sworn in and granted Letters Testamentary by the Register of Wills for the applicable County in Pennsylvania. But what happens when someone dies without a will or if someone named as the Executor is unable or unwilling to serve? In those circumstances, the Register can grant Letters of Administration appointing a Personal Representative of the Estate.

 

20 Pa.C.S.A. § 3155(b) lists the persons entitled to be granted Letters of Administration, in the following order:

      1. Those entitled to the residuary estate under the will.
      2. The surviving spouse.
      3. Those entitled under the intestate law as the register, in his discretion, shall judge will best administer the estate, giving preference, however, according to the sizes of the shares of those in this class.
      4. The principal creditors of the decedent at the time of his death.
      5. Other fit persons.
      6. If anyone of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding paragraph.
      7. A guardianship support agency serving as guardian of an incapacitated person who dies during the guardianship administered pursuant to Subchapter F of Chapter 551 (relating to guardianship support).
      8. A redevelopment authority formed pursuant to the act of May 24, 1945 (P.L. 991, No. 385), known as the Urban Redevelopment Law. 

The individuals most commonly appointed as Personal Representatives include, in order of preference: 1) those entitled to the residuary estate under the will (put another way, the person inheriting the estate); 2) the surviving spouse; and 3) those entitled to inherit the estate under intestate law. Once appointed, a Personal Representative has the same duties and responsibilities as if they had been named by the decedent in a will; they are responsible for gathering the decedent’s assets, paying the decedent’s valid debts and distributing what is left according to the provisions of the Will or intestacy laws.

However, in certain circumstances, individuals who do not qualify, or who may be out of the order of preference, under 20 Pa.C.S.A. § 3155(b) may still be appointed as Personal Representative if the Register of Wills determines good cause has been shown. Three of the more common circumstances are discussed below.  

First, is when an attorney is facilitating a lawsuit against the decedent. In this situation, courts have found that an attorney representing an individual who was injured in an accident caused by the decedent has good cause to be appointed personal representative of that estate. Specifically, courts permit the granting of Letters of Administration “for the sole purpose of facilitating the commencement of the personal injury lawsuit” to enable the injured an opportunity to recover.  However, this is only applicable if there is no prejudice to any individual who is higher in the order of preference under 20 Pa. C.S.A. § 3155(b).²  

A second example of a valid deviation from 20 Pa. C.S.A. § 3155(b) is found to exist  when the Court determines there is “extreme hostility” between relatives, constituting good cause to deviate from the order listed, and appoint a third-party to serve as Personal Representative.³ 

Finally,  a deviation from the above list may occur when, although a person  has an interest to be appointed as Personal Representative under 20 Pa. C.S.A. § 3155(b), they renounce their interest. The Court allows the individual entitled to Letters of Administration to nominate a successor.4 

As stated above, getting appointed is merely the beginning of estate administration. There are many tasks that lie ahead including shepherding assets, dealing with creditors and filing paperwork with the court. If you feel you are entitled to be appointed as a Personal Representative under 20 Pa. C.S.A. § 3155(b), or you can show good cause for appointment, you are welcome to contact us with any questions you may have.

For more information about Estate Planning and Estate Administration, call us at 412-209-3200 or email jjohns@palawfirm.com to schedule a free, no-obligation consultation.

¹A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease. Black’s Law Dictionary 679-80 (Rev. 4th Ed. 1968).
²In re Estate of Dilbon, 456 Pa. Super. 490 (1997) 690 A.2d 1216
³ In re Estate of Lynn,  No. 1413 MDA 2015, 2016 Pa. Super 2016 WL 5118606 (2016) NON-PRECEDENTIAL DECISION—SEE SUPERIOR COURT I.O.P. 65.37.
4 See Id. at 457