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Letters Testamentary & Letters of Administration in Pennsylvania

Understanding How Executors Receive Legal Authority to Manage an Estate

Letters Testamentary (for estates with a will) and Letters of Administration (for estates without a will) give the executor legal authority to act on behalf of the estate. Without these documents, the executor cannot access accounts, manage property, or pay bills. This guide explains exactly how these letters work and how to obtain them in Pennsylvania.

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What Are Letters Testamentary and Letters of Administration?

Letters Testamentary are issued when there is a valid will naming an executor. Letters of Administration are issued when there is no will or the executor cannot serve. Both documents grant legal authority to manage the estate, open accounts, sell property, and access financial information.

Key elements include:

  • Who can receive Letters Testamentary

  • When Letters of Administration are required

  • Differences between will vs. no-will estates

  • How the Register of Wills determines eligibility

  • What the executor can and cannot do with these letters

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Common Challenges When Obtaining Letters in Pennsylvania

  • Executor named in will is unwilling or unable to serve

  • Conflicts between family members about who should be appointed

  • Unclear or outdated wills

  • Incorrect filing documents submitted to the Register of Wills

  • Not understanding the difference between estate authority and personal authority

  • Banking institutions requesting additional documentation

Why This Matters

Without Letters Testamentary or Letters of Administration, the executor cannot legally act. This can delay bill payments, freeze accounts, and prevent property from being secured. Obtaining these letters correctly ensures the estate moves forward immediately and smoothly.

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How to Obtain Letters Testamentary or Letters of Administration in Pennsylvania

Step 1

:File the Petition for Probate at the Register of Wills

This petition identifies the executor and requests the issuance of Letters.

Step 2:

Present the Original Will (If Applicable)

If there is a will, it must be reviewed and accepted by the Register of Wills.

Step 3:

Provide a Certified Death Certificate

This document is required for all Pennsylvania probate filings.

Step 4:

Take the Executor’s Oath

The executor swears to administer the estate faithfully and according to law.

Step 5:

Pay the Filing Fees

Fees vary by county and are based on estate size or statutory schedules.

Step 6:

Receive Letters Testamentary or Letters of Administration

The Register of Wills issues the letters, granting full legal authority to act.

Step 7:

Obtain Additional Certified Copies for Banks & Institutions

Most financial institutions require originals or certified copies of the letters.

How PA Probate Help Supports Executors With Letters Testamentary

We help executors begin probate confidently and avoid mistakes during the earliest and most important step of the process.

Benefits:

  • Guidance on eligibility and filing requirements

  • Help completing probate petitions accurately

  • Support navigating situations where no executor is named

  • Assistance communicating with banks and financial institutions

  • Clear direction on what authority the letters provide

  • Step-by-step help during the Register of Wills appointment

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Want Personalized Guidance for Your Situation?

Without proper authority, executors cannot act. If you’re unsure how to obtain or use Letters Testamentary, guidance can prevent delays.

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Frequently Asked Questions

What are Letters Testamentary in Pennsylvania?

Letters Testamentary are the legal documents that give an executor authority to manage the estate when there is a valid will. Banks and agencies require them before releasing information or assets.

What are Letters of Administration in Pennsylvania?

Letters of Administration authorize a person to act as executor when there is no will or no executor is named. They provide the same authority as Letters Testamentary.

Who can receive Letters Testamentary or Administration in PA?

The person named in the will usually receives Letters Testamentary, and the closest eligible heir receives Letters of Administration. The Register of Wills decides who is legally qualified.

How long does it take to receive Letters Testamentary in Pennsylvania?

Most executors receive Letters Testamentary at the Register of Wills appointment. Delays occur only when documents are incomplete or the will is contested.

Do I need Letters Testamentary to access bank accounts?

Yes. Financial institutions in Pennsylvania require Letters Testamentary or Administration before releasing account information or funds. This protects against unauthorized access.

Can family members object to someone receiving Letters of Administration?

Yes. Heirs may contest who should serve as administrator when there is no will. The Register of Wills resolves disputes based on statutory priority.

What happens if the executor named in the will cannot serve?

If the executor cannot serve, Letters of Administration are issued to the next eligible person under Pennsylvania law. This ensures the estate can still be handled properly.

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Need Help Navigating Pennsylvania Probate?

If you’re serving as an executor or helping manage an estate in Pennsylvania, you don’t have to figure everything out alone. Getting the right guidance early can help prevent delays, disputes, and costly mistakes.

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