Who Can Administer an Estate When There is No Will in Pennsylvania?

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Key Takeaway

In Pennsylvania, when someone dies without a will (intestate), the law dictates who can serve as the estate's administrator. Typically, the surviving spouse has priority, followed by adult children, parents, and then other relatives. These individuals must be competent and willing to serve.  It sounds logical but there are a host of problems that often arise.

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Who Has the Legal Right to Administer an Estate If There Is No Will in Pennsylvania?

Pennsylvania law outlines a specific order of priority for individuals eligible to serve as the administrator of an estate when someone dies intestate (without a will). Its called the law of intestate succession. We like to call it the “government’s will” for people who waive their right to have their own will and estate plan.  If you think relying on the “government’s will” is not a great idea, you’re 100% right. 

According to PA Statutes Title 20 §3155, the surviving spouse has the first right to administer the estate. If there is no surviving spouse, or if the spouse declines to serve, the right passes to other heirs in the following order:

• Adult living children of the deceased

• Parents of the deceased

• Siblings of the deceased

• Other relatives, in order of their relationship to the deceased

This order is strictly adhered to by the Register of Wills in each Pennsylvania county. The chosen administrator is responsible for managing the estate's assets, paying debts and taxes, and distributing the remaining assets to the heirs as determined by Pennsylvania's intestacy laws. It is important to note that anyone seeking to be an administrator must be of sound mind and legally competent to handle financial matters.

What Happens If Multiple People Want to Be the Administrator?

When multiple individuals share the same level of priority (e.g., several adult children), those persons must decide among themselves who will serve as administrator.  Each person must sign a document called a “renunciation” waiving their right to serve in favor of the chosen person.  When these persons cannot agree, which is not uncommon, the Register of Wills may need to decide who will serve as the administrator. Pennsylvania law favors the individual who is most likely to efficiently and effectively manage the estate. Factors considered may include:

• The individual's financial acumen and organizational skills

• Their relationship with the deceased and other heirs

• Their willingness to serve

• Whether they reside in Pennsylvania

If the individuals cannot agree, someone will need to file a petition with the Register of Wills to have the dispute resolved.  The Register of Wills may hold a hearing to determine the most suitable candidate. According to a 2018 Commonwealth Court case, In re Estate of Jones, the court emphasized the Register's discretion in selecting an administrator, prioritizing the best interests of the estate and its beneficiaries. It is possible that the Register will chose none of the deceased’s children and instead select a local attorney to serve. This often leads to disputes, delays in administration and significantly increased legal costs.

This is the potential legacy that you leave for your family when you waive your right to create your own will, your own plan.  The legacy is a fight among your children over who will administer your estate.

What Potential Conflicts and Additional Costs Can Arise When Someone Dies Without a Will?

Dying without a will can create several complications and increase the costs associated with estate administration. Without a designated executor, family members may disagree about who should serve as administrator, leading to broken relationships, legal battles and delays. These disputes can be costly, as attorney fees and court costs accumulate.

Furthermore, without a will, the distribution of assets is determined by Pennsylvania's intestacy laws, which may not align with the deceased's wishes. This can cause conflict among family members who feel they are not receiving a fair share. According to data from the PA Department of Labor, estates without wills typically take longer to settle and incur higher administrative costs compared to those with wills. A will allows the deceased to specify their wishes, potentially preventing disputes and streamlining the probate process.

Administrator Appointment: With a Will vs. Without a Will

Feature	With a Will (Testate)	Without a Will (Intestate)
Administrator Choice	Chosen by the deceased	Determined by PA intestacy law
Potential for Conflict	Lower, if wishes are clear	Higher, potential disputes among heirs
Administrative Costs	Generally lower	Generally higher
Process Timeline	Typically faster	Often slower
Certainty of Wishes	High, as wishes are documented	Low, distribution per state law

FAQ

1. Can a creditor of the deceased serve as the administrator?

Generally, no. While a creditor can petition the court to appoint an administrator if no relatives are willing or able to serve, they have a lower priority than family members due to potential conflicts of interest.

2. What if the surviving spouse is not capable of serving as administrator?

If the surviving spouse is incapacitated or unwilling to serve, the right to administer the estate passes to the next eligible heir in line, typically the adult children.

3. Does the administrator get paid for their work?

Yes, Pennsylvania law allows the administrator to receive reasonable compensation for their services, which is typically a percentage of the estate's value.

4. Can someone be removed as administrator?

Yes, an administrator can be removed by the court for reasons such as mismanagement of assets, failure to fulfill their duties, or conflicts of interest.

5. What happens if no one wants to be the administrator?

If no qualified individual is willing to serve, the court may appoint a public administrator to manage the estate.

Navigating estate administration without a will can be complex and emotionally challenging. If you need assistance in Pittsburgh, Wexford, or Radnor, Pennsylvania, contact Fiffik Law Group for a consultation to understand your rights and responsibilities.