When someone passes away in Pennsylvania, their financial affairs must generally be settled through a legal process called probate. The person responsible for managing this process is known by different titles depending on the circumstances, usually an executor, administrator, or personal representative.

While these roles share many of the same responsibilities, there are important distinctions based on how the estate is opened and whether a valid will exists. Learning about these differences can help families navigate probate more easily and correctly under Pennsylvania law.

Executor

An executor is appointed when the deceased person left a valid last will and testament. In most cases, the will names the individual who will serve in this role.

The executor’s job begins after the will is filed with the Register of Wills in the county where the deceased lived. Once the court approves the will and issues Letters Testamentary, the executor gains the legal authority to act on behalf of the estate.

Some of the executor’s key duties include:

• Collecting and safeguarding all assets belonging to the estate
• Paying outstanding debts, taxes, and administrative expenses
• Distributing property according to the terms of the will
• Filing necessary documents and reports with the court

An executor has a fiduciary duty, meaning they must act honestly and in the best interests of the estate and its beneficiaries. If an executor fails to follow this duty, they can be held personally liable.

Administrator

If a person dies without a will, they are considered intestate, and there is no named executor. In this situation, the probate court appoints an administrator to handle the estate.

The administrator performs nearly the same tasks as an executor. However, instead of following the directions in a will, they distribute property according to Pennsylvania’s intestate succession laws. These laws determine who inherits property in a situation like this.

Administrators are typically appointed in order of priority under state law. Preference is usually given to close family members. That said, the court has discretion if there is disagreement among potential candidates. Once appointed, the administrator receives Letters of Administration, which grant legal authority to manage the estate. These are the equivalent of the Letters Testamentary discussed above.

Personal Representative

In Pennsylvania, the term “personal representative” is a broader phrase that includes both executors and administrators. It is used to describe anyone legally authorized to settle an estate, regardless of whether the decedent had a will.

Essentially, every estate in Pennsylvania has a personal representative. The title just depends on how the estate was created. If there was a valid will, the personal representative is the executor. If there was no will, the personal representative is the administrator.

Contact a Pennsylvania Probate Attorney for Legal Guidance

If you’ve been named as an executor or appointed as an administrator in Pennsylvania, hiring a lawyer may be one of the best steps you could possibly take. An experienced probate attorney can help ensure that every step of the process is done correctly and in compliance with state law.

Contact ThePeoplesLawFirm.com today to schedule a free consultation and get the help you need to fulfill your responsibilities with confidence. We can take your call 24/7 at 610-600-9844, and we have over 20 years of experience handling cases in this field of the law.