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Letters Testamentary vs. Letters of Administration in PA

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Both are issued by the county Register of Wills, and both give one person authority to act for an estate. The difference is how that person got the job. Letters testamentary go to the executor a will names. Letters of administration go to someone the Register appoints, usually because there is no will or the named executor cannot or will not serve.

Once issued, they carry the same authority and the same duties. A bank asks for a short certificate either way. Where they differ is who is allowed to serve, how long the appointment can take, and whether the estate has to buy a bond first.

Letters testamentary: there is a will and the executor serves

Under 20 Pa.C.S. § 3155(a), the Register grants letters testamentary to the executor designated in the will. The executor brings the original will, the death certificate, and the county's petition packet. A photocopy of the will is usually not enough.

Letters of administration: the order of priority

When there is no will, or the named executor has died, declines, or is not qualified, the Register grants letters of administration. Except for good cause, Section 3155(b) sets the order:

  • Those entitled to the residuary estate under the will.
  • The surviving spouse.
  • The heirs under the intestate law, with the Register choosing who will best administer the estate and giving preference to those with larger shares.
  • The decedent's principal creditors.
  • Other fit persons.
  • Someone with priority can renounce and nominate another person, and the Register may appoint that nominee ahead of the later classes. Creditors and other fit persons cannot receive letters until 30 days after the death unless the residuary beneficiaries, spouse, and heirs consent.

    When there is a will but no named executor serves, the appointment is still letters of administration, often called administration with the will annexed. The will still decides who inherits. Only the person in charge changes.

    Who cannot serve

    Section 3156 disqualifies anyone under 18, and anyone charged with homicide in connection with the decedent's death (other than homicide by vehicle) until the charge is withdrawn, dismissed, or ends in acquittal. The Register can also find a person unfit to administer the estate, but that power does not reach an executor named in the will.

    Bond: the cost difference families miss

    Section 3171 starts from the rule that a personal representative files a bond before letters are granted, in an amount the Register sets based on the personal estate. Section 3174 then carves out the common exceptions. Unless a court orders a bond or the will requires one, no bond is needed when:

  • The person is named in the will as executor and lives in Pennsylvania.
  • The will expressly excuses the executor from filing a bond.
  • A nonresident named executor serves alongside a Pennsylvania co-executor who will hold the assets.
  • The person is not named in a will but lives in Pennsylvania and is the sole residuary beneficiary or next of kin, or the nominee of all of them who are adults.
  • The practical result: a child who lives out of state and is appointed administrator of a parent's estate often has to post a bond, and the premium comes out of the estate. A will that names a Pennsylvania executor, or excuses bond, avoids that.

    After letters: the executor duties are the same

    Whichever letters issue, the clock that follows is the same. The grant of letters is advertised once a week for three successive weeks (Section 3162). Heirs and beneficiaries get written notice within three months under the Orphans' Court rules. The inheritance tax is delinquent nine months after death, with a 5 percent discount for paying within three. Distributing before the one-year creditor window closes (Section 3532) leaves the personal representative exposed.

    New Jersey uses the same words for different paper

    New Jersey also issues letters testamentary and letters of administration, but through the county Surrogate and under New Jersey law, with its own priority and bond rules. Do not assume a Pennsylvania answer carries across the river.

    When to call

    Call before filing if the original will is missing, if two relatives with equal priority both want to serve, if the person with priority lives out of state, or if a creditor is pressing to be appointed. Ravenell Law handles Pennsylvania and New Jersey estate administration from Elkins Park. William Ravenell reviews administration matters before they go out the door. This page is general information, not legal advice.

    Sources and related reading

  • 20 Pa.C.S. Chapter 31, Sections 3155, 3156, 3162, 3171 and 3174 (Pennsylvania General Assembly)
  • The first 90 days of a Pennsylvania estate
  • What is a short certificate in PA?
  • Probate and estate administration in Pennsylvania
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