After a a person dies, dealing with his or her assets and finances is often the last thing on friends’ and family members’ minds. However, someone must handle those issues, and in Pennsylvania, either an executor (if there is a Will) or an administrator (if there is no Will) must be appointed by the Register of Wills in the county where the deceased person last lived to deal with their assets.
If the deceased person left a Will, the Will must be “probated” in order to become effective. A Will is probated with the Register of Wills by the executor named in the Will. To probate a Will, the executor must present the Register of Wills with the following items:
- The original signed Will;
- A Petition for Grant of Letters;
- A death certificate;
- A completed Estate Information Sheet; and
- The probate fee, based upon the size of the probate estate.
The person named as executor must appear at the Register of Wills and sign the Petition for Grant of Letters there. The executor must also take an oath that he or she will faithfully discharge the duties of the office. Once the Register issues Letters Testamentary—the papers that officially appoint the executor—the executor can start the estate administration. Letters will usually be granted sometime after the funeral, unless probate of the Will is necessary to get access to money to pay for funeral arrangements or to ensure continuation of a business.
If a person dies without a Will, the Register of Wills will appoint an administrator to deal with the deceased person’s assets. The process to appoint an administrator is very similar to appointing an executor, and the administrator has the same duties as an executor.
More information on estate administration in Pennsylvania can be found on the websites of the various Pennsylvania counties’ Registers of Wills. I have links to the websites of the Philadelphia, Bucks, Chester, Delaware, and Montgomery County Register of Wills here. Forms used with the Register of Wills can be found here. Although it is not necessary to hire an attorney to probate a Will or have an administrator appointed, an attorney can be helpful if any issues arise and to assist the executor or administrator in complying with all of the legal requirements of estate administration.