Executors have broad but not unlimited authority. Here's a comprehensive overview:

EXECUTORS CAN:

Financial Powers:

✓ Open estate bank account
✓ Access deceased's bank accounts (after Letters Testamentary)
✓ Pay estate debts from estate funds
✓ Pay estate expenses (attorneys, accountants, funeral)
✓ Collect money owed to deceased
✓ Manage estate investments (conservatively)
✓ File tax returns for estate
✓ Hire professionals (attorneys, CPAs, realtors)

Property Powers (If Will or Court Grants):

✓ Sell real estate (often requires specific authority)
✓ Sell personal property
✓ Transfer title to property
✓ Continue or close deceased's business
✓ Lease property
✓ Make necessary repairs to preserve property

Administrative Powers:

✓ File will and open probate
✓ Inventory estate assets
✓ Provide notices to beneficiaries
✓ Provide accountings
✓ Distribute property per will (after all obligations met)
✓ Close estate when complete

EXECUTORS CANNOT:

✗ Change the will (must follow will as written)
✗ Distribute property before paying all debts, expenses, and taxes
✗ Favor one beneficiary over others (must be impartial)
✗ Use estate assets personally (no self-dealing)
✗ Ignore will provisions even if they seem unfair
✗ Commingle estate funds with personal funds
✗ Make gifts from estate (unless will authorizes)
✗ Delay unreasonably without justification
✗ Hide information from beneficiaries
✗ Profit from position (except authorized compensation)

Limitations on Power:

Real Estate Sales:

Many Pennsylvania wills DON'T give executor explicit power to sell real estate. If power not granted:

Executor must petition court for permission to sell

Beneficiaries notified

Court hearing may be required

Court order authorizes sale

Large Decisions:

Some major decisions may require:

Beneficiary consent

Court approval

Attorney guidance

Conflicts of Interest:

Executor can't benefit from decisions that harm estate.

PA Probate Help's Executor Support: We help executors understand:

✓ What you have authority to do independently
✓ When you need court approval
✓ How to exercise powers properly
✓ When to consult attorney
✓ How to avoid personal liability

Property-Specific Guidance:

Real estate powers are often the most confusing. We help executors:

Determine if will grants sale power

Petition court if needed

Manage property pending sale/distribution

Navigate executor property responsibilities

Pennsylvania law allows "reasonable compensation" but doesn't set specific rates.

Legal Authority (20 Pa.C.S. § 3537): Executors entitled to "such compensation as shall be reasonable under all circumstances."

What's "Reasonable"?

Factors Courts Consider:

Size and complexity of estate

Time and effort required

Skill and experience needed

Responsibility and risk involved

Result achieved for estate

Compensation customary in community

Whether executor is also a beneficiary

Typical Pennsylvania Executor Fees:

General Guidelines (Not Mandated):

Simple estates: 2-3% of estate value

Complex estates: 3-5% of estate value

Very complex estates: 5%+ with justification

Example: $500,000 estate, moderately complex: Reasonable fee might be: $12,500-$17,500 (2.5-3.5%)

Alternative Structures:

Hourly Rate: Some executors charge by hour (typically $50-$150/hour depending on complexity and executor's background).

Fixed Fee: Executor and beneficiaries agree on specific amount upfront.

Percentage: Most common—percentage of estate value.

Important Considerations:

1. Must Be Reasonable

Can't simply take whatever percentage you want

Beneficiaries can challenge excessive compensation

Court determines reasonableness if disputed

2. Professional Executors vs. Family

Banks/professional fiduciaries: Higher fees (often 3-5%)

Family member executors: Often lower (or sometimes waive fee)

Attorney-executors: May charge executor fee OR attorney fee, not both

3. Extraordinary Services

Executor fees are for standard duties

Extraordinary services may warrant additional compensation: Prolonged litigation Business management Complex real estate transactions Will contests

4. Executor Who's Also Beneficiary

Can still receive executor fee

But often waive it (executor fee is taxable income; inheritance may not be)

When Is Executor Fee Paid?

Usually at end of estate administration:

After all distributions calculated

In final accounting

Sometimes interim payments for long administrations

Documenting Compensation:

Executors Should:

✓ Track time spent on estate matters
✓ Keep detailed records of activities
✓ Document complex issues handled
✓ Propose reasonable fee in accounting
✓ Be prepared to justify if challenged

Tax Treatment: Executor fees are ordinary income (reported on Form 1040), subject to income tax. Inheritances generally are not. This is why some executor-beneficiaries waive fees.

PA Probate Help's Fee Guidance: We help executors:

Understand reasonable compensation ranges

Document time and activities

Determine whether to take fee or waive

Navigate beneficiary questions about fees

Yes, but removal requires court action and specific grounds.

Legal Authority (20 Pa.C.S. § 3182-3183):

Pennsylvania Orphans' Court can remove executor for:

1. Waste or Mismanagement

Negligently losing estate assets

Poor investment decisions

Failing to preserve property

Allowing property to deteriorate

2. Breach of Fiduciary Duty

Self-dealing (benefiting personally)

Favoring one beneficiary over others

Failing to follow will provisions

Conflicts of interest

3. Fraud or Dishonesty

Stealing from estate

Lying to beneficiaries or court

Falsifying accountings

Concealing assets

4. Inability to Perform Duties

Mental incapacity

Physical inability

Substance abuse impacting judgment

Prolonged absence

5. Unreasonable Delay

Failing to move estate forward

Missing deadlines without justification

Not responding to communications

Abandoning responsibilities

6. Adverse Interest

Interest conflicting with estate's interest

Can't act impartially

Who Can Request Removal:

Pennsylvania law (20 Pa.C.S. § 751) allows these parties to petition for executor removal:

Beneficiaries named in will

Heirs who would inherit under intestacy

Creditors of estate (in some circumstances)

Co-executors

Other interested parties

Removal Process:

Step 1: File Petition

File formal petition with Orphans' Court

State specific grounds for removal

Provide evidence supporting claims

Step 2: Notice to Executor

Executor served with petition

Given opportunity to respond

Step 3: Court Hearing

Evidence presented

Executor can defend

Witnesses may testify

Judge decides

Step 4: Court Order

If removal granted, executor is discharged

Successor executor appointed

Removed executor may be required to account

High Bar for Removal:

Courts don't remove executors lightly.

Personality conflicts, family disagreements, or mere dissatisfaction are not enough. Must prove:

Actual wrongdoing or incompetence

Harm to estate

Inability to perform duties

Example - NOT Enough for Removal:

"Executor is taking too long" (if delays are reasonable)

"Executor won't tell me everything immediately" (if executor is properly administering)

"I don't like the executor personally"

"Executor is selling property I wanted to keep" (if will authorizes sale)

Example - MAY Warrant Removal:

Executor sold estate property to himself below market value

Executor hasn't filed probate petition in 18 months despite repeated requests

Executor refuses to provide any information to beneficiaries

Executor spent estate money on personal expenses

Alternatives to Removal:

Before seeking removal, consider:

Direct communication with executor

Attorney letter on your behalf

Demand for accounting (executor must provide)

Informal mediation among family

Executor resignation (voluntary)

Removal is expensive (legal fees) and contentious. Try less drastic solutions first.

If Executor Removed, Then What?

Court appoints successor executor:

Often alternate named in will

Or court selects administrator

Successor takes over administration

Removed executor must account for actions

PA Probate Help's Perspective:

We've seen removal petitions that were:

Justified: Executor truly mismanaging, stealing, or incompetent

Unjustified: Beneficiary simply impatient or disagreeing with valid decisions

We help by providing:

Objective assessment of executor's performance

Property management oversight (ensuring proper handling)

Documentation of executor actions

Expert testimony in removal proceedings if needed

Property mismanagement is common removal ground—we help prevent it.

Pennsylvania has no absolute deadline, but executors must act "within reasonable time."

Typical Pennsylvania Estate Timeline:

Simple Estates: 9-12 months
Average Estates: 12-18 months
Complex Estates: 18-24 months
Contested Estates: 2-4+ years

Factors Affecting Timeline:

Things That Speed Settlement:

✓ Simple asset structure
✓ No real estate (or easily sold property)
✓ All beneficiaries cooperative
✓ No will contest
✓ Estate solvent (assets exceed debts)
✓ Competent executor with good advisors

Things That Slow Settlement:

✗ Real estate needing sale
✗ Business interests
✗ Beneficiary disputes
✗ Will contests
✗ Complex assets (multiple properties, investments)
✗ Estate litigation
✗ Tax issues
✗ Missing beneficiaries
✗ Creditor disputes

Required Timeline Milestones:

While no absolute deadline, certain steps have timeframes:

6 Months from Death:

Spousal elective share must be elected (if spouse choosing to elect)

9 Months from Death:

Pennsylvania inheritance tax due

Federal estate tax due (if applicable)

1 Year from Death:

Creditor claims period (creditors have 1 year to file claims)

Consequences of Unreasonable Delay:

Executor can be:

Removed by court (if delay is extreme and unjustified)

Surcharged (personally liable for losses caused by delay)

Denied full compensation (if delay was unreasonable)

Estate Suffers:

Carrying costs accumulate (property taxes, insurance, maintenance)

Property may deteriorate

Beneficiaries wait longer

Legal fees increase

Family relationships damaged

What's "Reasonable" Delay?

Courts consider:

Complexity of estate

Reasons for delay (litigation, property issues, tax matters)

Whether executor is making progress

Whether delay is executor's fault or circumstances beyond control

Property-Related Delays:

Real estate often causes longest delays:

Property needs repairs before sale

Market conditions unfavorable

Court approval needed for sale

Title issues discovered

Multiple properties in different locations

Beneficiaries can't agree on selling

PA Probate Help Speeds Settlement:

We help executors by:

✓ Quickly assessing property (avoiding delay)
✓ Coordinating efficient property sales
✓ Managing properties pending sale
✓ Preventing property deterioration
✓ Providing timeline guidance

Our goal: Move estates forward efficiently while maximizing value.

Executors must follow the will's terms - very limited discretion.

Pennsylvania Law: "Executor is Bound by Will"

Core Principle: Executor's duty is to implement testator's wishes as expressed in will, not to improve upon them or substitute executor's judgment.

Areas With NO Discretion:

1. WHO Gets Property

Must distribute to beneficiaries named in will

Can't change beneficiaries (even if executor thinks will is "unfair")

Can't favor one beneficiary over others

2. WHAT Each Beneficiary Receives

Must distribute specific bequests as stated

Must follow percentage distributions

Can't alter shares (even with beneficiary agreement in some cases)

3. CONDITIONS on Distributions

Must honor conditions testator imposed

Can't ignore or modify conditions

Examples of NO DISCRETION:

Will says: "I leave my house to my son John."
Executor CANNOT: Give house to daughter Mary instead (even if Mary needs it more).

Will says: "Divide estate equally among my three children."
Executor CANNOT: Give more to one child who's struggling financially.

Will says: "Pay $10,000 to St. Mary's Church."
Executor CANNOT: Decide church has enough money and keep it in estate.

Areas With LIMITED Discretion:

1. Timing of Sales

When to sell property (within reasonable timeframe)

Which property to sell first (if multiple properties)

Market timing decisions

2. Asset Management

Which investments to make (conservative)

How to maintain property pending distribution

Whether to continue business temporarily

3. Payment Priorities

Which debts to pay when (if estate lacks liquidity for all)

Whether to negotiate creditor claims

4. Administrative Decisions

Which attorney/CPA to hire

Whether to make certain repairs to property

How to conduct estate sale

5. "Discretionary" Language If will includes discretionary language:

"Executor may distribute at such times as executor deems appropriate"

"Trustee shall use discretion in making distributions"

Then executor/trustee has flexibility within those specific terms

But Even With Discretion:

Executor still must:

Act in good faith

Act in estate's best interest

Not favor self or particular beneficiaries

Exercise reasonable judgment

When Beneficiaries ALL Agree:

If all beneficiaries are adults with capacity and agree to distribution different from will:

May be possible with court approval

Called "family settlement agreement"

Court must approve

All beneficiaries must truly consent

Property-Specific Discretion:

Executors typically have discretion on:

Whether to repair property before sale or sell as-is

Timing of property sales (market conditions)

Pricing strategy

Whether to accept particular offer

Executors do NOT have discretion on:

Whether to sell property if will directs sale

Which beneficiary receives property if will is specific

Whether to distribute property or keep it if will is clear

PA Probate Help's Guidance:

We help executors understand:

Where will leaves room for judgment

Where will requires specific action

How to exercise discretion properly

When to seek court guidance on unclear provisions

Bottom Line: Executor is executor of the will, not of their own judgment. Follow the will.

Yes. Pennsylvania executors can face personal liability for breaches of fiduciary duty.

Legal Authority (20 Pa.C.S. § 3311-3321):

Executors are fiduciaries—they hold and manage property for others' benefit. With this responsibility comes personal liability when duties are breached.

Types of Executor Liability:

1. Surcharge Liability Executor can be "surcharged" (required to pay personally) for:

Losses caused by improper actions

Estate expenses resulting from negligence

Missing assets executor failed to collect

Interest on delayed distributions

Damage to estate from breach of duty

Example: Executor fails to insure estate property. House burns down uninsured. Executor personally liable for house value.

2. Personal Liability to Creditors If executor:

Distributes assets to beneficiaries before paying valid creditor claims

Estate lacks funds to pay creditors after improper distributions

Executor personally liable to unpaid creditors (up to amount improperly distributed)

Example: Estate has $100,000. Executor distributes $80,000 to beneficiaries. Later, $50,000 in valid creditor claims appear. Estate only has $20,000. Executor personally liable for $30,000 shortfall.

3. Tax Liability Federal and Pennsylvania law impose personal liability on executors for:

Unpaid estate taxes (if executor distributed assets without reserving for taxes)

Income tax on estate income

Pennsylvania inheritance tax

IRS can pursue executor personally if estate taxes go unpaid and assets were distributed.

4. Breach of Fiduciary Duty Claims Beneficiaries can sue executor for:

Self-dealing (benefiting personally from estate transactions)

Conflicts of interest (not properly managed)

Failure to follow will

Negligent investment decisions

Unreasonable delays

Failure to provide accountings

Specific Liability Scenarios:

Scenario A: Property Mismanagement

Executor fails to maintain estate property

Property deteriorates, loses value

Executor surcharged for lost value

Property Implication: We've seen executors liable for tens of thousands when property deteriorated during probate due to neglect

Scenario B: Bad Investment

Executor invests estate funds speculatively

Investments lose money

Executor liable for loss (should have invested conservatively)

Scenario C: Premature Distribution

Executor distributes inheritance to beneficiaries in Month 3

Unexpected creditor appears in Month 8 with valid claim

Estate can't pay because funds already distributed

Executor personally liable to creditor

Scenario D: Self-Dealing

Executor buys estate property for self at below-market price

Even if sale technically "authorized"

Conflict of interest = breach of fiduciary duty

Executor must return property or pay fair market value

Scenario E: Failure to File Taxes

Executor doesn't file estate income tax returns

IRS assesses penalties and interest

Executor personally liable for penalties caused by neglect

Protections for Executors:

1. Follow the Will Document that you're following will's terms exactly.

2. Get Professional Help Hiring competent attorney, CPA, realtor shows reasonable care.

3. Document Everything Keep detailed records of all decisions, reasoning, and actions.

4. Court Approval For major decisions, seek court approval (provides legal protection).

5. Beneficiary Consent Get written consent from beneficiaries for significant decisions.

6. Accountings File formal accountings showing exactly what happened to estate assets.

7. Don't Distribute Too Early Wait until you're confident all debts, taxes, and claims are addressed.

Exculpatory Clauses: Some wills include provisions limiting executor liability for "good faith" mistakes. These provide some protection but don't excuse gross negligence or intentional wrongdoing.

Insurance: Executors can sometimes purchase fiduciary liability insurance to protect against personal liability. Cost depends on estate size and complexity.

PA Probate Help's Role:

We protect executors from property-related liability by:

✓ Ensuring property properly insured throughout probate
✓ Maintaining property to prevent deterioration
✓ Documenting property condition thoroughly
✓ Managing property professionally
✓ Obtaining fair market value on sales
✓ Avoiding conflicts of interest in transactions
✓ Providing documentation for executor records

Our involvement demonstrates "reasonable care" in property management, helping protect executors from surcharge claims related to real estate.

Conflict of interest situations require careful handling in Pennsylvania to avoid breach of fiduciary duty.

What Is a Conflict of Interest?

A conflict exists when executor's personal interests may affect their estate duties. Executors must put estate/beneficiaries first—conflicts make this difficult.

Common Executor Conflicts:

1. Executor Is Also a Beneficiary

Most common situation

Executor inherits under the will

Decisions affect both executor's inheritance AND other beneficiaries

Not automatically disqualifying but requires extra care

2. Executor Wants to Buy Estate Property

Estate selling house, executor wants to purchase

Conflict: Executor benefits from lower price; estate benefits from higher price

Highly problematic without safeguards

3. Executor Has Business Relationship with Estate

Deceased owed executor money

Executor owes estate money

Executor's business had contracts with deceased

Must be disclosed and carefully handled

4. Executor Represents Competing Interests

Executor serves two estates that have claims against each other

Executor represents beneficiary in claim against estate

May require resignation or court intervention

5. Executor and Beneficiary Disputes

Executor in personal conflict with beneficiary

Executor tempted to delay or disadvantage that beneficiary

Must remain impartial regardless of personal feelings

Pennsylvania's Approach to Conflicts:

Disclosure Is Required: Executor must disclose all conflicts to beneficiaries and (in serious cases) to court.

Self-Dealing Prohibited: Executor cannot benefit personally from estate transactions unless:

Will specifically authorizes

All beneficiaries consent (in writing, after full disclosure)

Court approves transaction

Transaction is at fair market value with independent verification

Duty of Impartiality: Executor must treat all beneficiaries fairly, regardless of personal relationships or preferences.

Handling Specific Conflicts:

Executor Buying Estate Property:

Step 1: Disclose interest to all beneficiaries
Step 2: Obtain independent appraisal (not executor's choice of appraiser)
Step 3: Offer property on open market OR get all beneficiary consent
Step 4: Pay at least fair market value
Step 5: Consider court approval for protection
Step 6: Document everything

Even then, transaction may be challenged. Best practice: executor should NOT buy estate property unless absolutely necessary and every safeguard is followed.

Executor/Beneficiary Same Person:

Permitted but executor must:

Separate duties (executor hat vs. beneficiary hat)

Not favor their own inheritance over other beneficiaries

Document impartial decision-making

Consider appointing co-executor to handle conflicts

Executor Owed Money by Estate:

Executor was creditor of deceased (made loan, provided services, etc.):

Must disclose claim

Claim evaluated like any other creditor claim

May need court approval to pay self

Other beneficiaries can object

Independent review recommended

When Conflicts Become Disqualifying:

Court may remove executor if:

Conflict so severe executor cannot act impartially

Executor refuses to disclose conflicts

Executor has acted on conflict to estate's detriment

Self-dealing has occurred without proper authorization

Trust between executor and beneficiaries irreparably broken

Waiver in Will:

Some wills anticipate conflicts and include provisions like:

"Executor may purchase estate property at appraised value"

"Executor's claim against estate shall be paid without objection"

"Executor who is also beneficiary may act in their own interest"

These provisions may (or may not) be enforceable depending on circumstances. Attorney analysis required.

PA Probate Help's Conflict Management:

We help executors navigate conflicts by providing:

✓ Independent property valuations (not executor-selected)
✓ Market exposure documentation (proving fair process)
✓ Third-party property management (removes executor from daily decisions)
✓ Arm's-length transaction facilitation
✓ Documentation showing no favoritism
✓ Expert testimony if transactions challenged

When executor wants to buy estate property, we:

Provide independent comparable analysis

Recommend independent appraisal

Document that process was fair

Market property even if executor likely buyer

Create paper trail showing arm's-length transaction

This protects executors from beneficiary challenges and demonstrates proper conflict handling.

Executor and trustee are different roles with different responsibilities, though they may overlap.

EXECUTOR:

Definition: Person named in will to administer estate through probate process.

Duration: Temporary—until estate is settled and closed (typically 12-24 months).

Authority Source:

Named in will

Appointed by Register of Wills

Receives Letters Testamentary (legal authority document)

Primary Duties:

Inventory estate assets

Pay debts and taxes

Distribute assets per will

File final accounting

Close estate

Court Supervision: Subject to Pennsylvania Orphans' Court oversight during probate.

Compensation: Reasonable fee (typically 2-5% of estate) paid from estate.

Terminates When: Estate is fully administered and court discharges executor.

TRUSTEE:

Definition: Person who manages trust assets for beneficiaries according to trust terms.

Duration: Can be short-term or last decades (until trust terminates per its terms).

Authority Source:

Named in trust document

No court appointment required (usually)

Trust document is authority

Primary Duties:

Manage trust assets prudently

Make distributions per trust terms

Invest trust funds appropriately

Account to beneficiaries

File trust tax returns

Follow trust instructions

Court Supervision: Usually minimal unless dispute arises. Operates mostly independently.

Compensation: Per trust terms or reasonable fee if not specified.

Terminates When: Trust terminates (beneficiary reaches certain age, assets exhausted, specific date, etc.).

COMMON SCENARIOS:

Scenario 1: Same Person Serves Both Roles

Will names John as executor

Will creates trust for minor children, names John as trustee

John first acts as executor (probate estate)

Then continues as trustee (manage trust for children)

Two different hats, different duties

Scenario 2: Executor Distributes to Trust

Will says "Give my estate to the Smith Family Trust"

Executor's job: Get assets through probate, transfer to trust

Trustee's job: Receive assets, manage according to trust terms

Executor done when transfer complete; trustee continues

Scenario 3: Trust Avoids Probate

Deceased created living trust during lifetime

Assets already in trust at death

NO executor needed (no probate)

Trustee manages and distributes per trust terms

Called "trust administration" not "probate"

Scenario 4: Both Probate Estate and Trust

Deceased had trust BUT some assets weren't transferred

Executor handles probate assets

Trustee handles trust assets

Often same person, but legally separate roles

PROPERTY IMPLICATIONS:

Real Estate in Executor's Control:

Must be managed during probate

Can be sold if will authorizes

Distributed to beneficiaries per will

Executor's duty ends at distribution

Real Estate in Trustee's Control:

May be held for years in trust

Trustee must manage ongoing (maintenance, insurance, taxes)

Distributions per trust terms (not immediate)

May need to decide: hold, sell, rent?

Trust Real Estate Creates Long-Term Management Needs:

Who pays property taxes during trust period?

Who maintains property?

Can beneficiary live there?

When can property be sold?

PA Probate Help Serves Both:

For Executors:

Property management during probate (temporary)

Quick sale coordination

Distribution facilitation

For Trustees:

Long-term property management

Rental management for trust properties

Sale timing strategy

Beneficiary coordination

We understand both roles and help whether you're handling estate property (executor) or trust property (trustee).

Pennsylvania allows multiple executors, but it creates unique challenges.

Legal Framework (20 Pa.C.S. § 3171-3172):

How Co-Executors Must Act:

Pennsylvania generally requires co-executors to act jointly - meaning they must agree on actions unless the will specifies otherwise.

Default Rule: Majority Required

Three co-executors: 2 must agree

Two co-executors: Both must agree

Actions taken by fewer than required = potentially invalid

Will Can Modify:

Will can specify:

"Any executor may act independently"

"Executors must act unanimously"

"Specific executor has final say on [certain matters]"

ADVANTAGES OF CO-EXECUTORS:

✓ Shared Workload: Estate administration is substantial work
✓ Checks and Balances: Prevents one person from acting improperly
✓ Different Skills: One may be good with finances, another with family dynamics
✓ Family Harmony: Multiple children serving prevents feeling excluded
✓ Backup: If one can't serve, other continues

DISADVANTAGES OF CO-EXECUTORS:

✗ Decision Delays: Must coordinate on every decision
✗ Disagreements: Co-executors may conflict
✗ Administrative Burden: More signatures, more coordination
✗ Geographic Challenges: Co-executors in different locations
✗ Deadlock: Two co-executors who disagree = nothing happens
✗ Liability Exposure: Each co-executor potentially liable for other's actions

COMMON CO-EXECUTOR PROBLEMS:

Problem 1: Disagreement on Property Sale

One co-executor wants to sell house quickly

Other wants to hold for better price

Deadlock: Nothing happens

Property sits, costs accumulate

Solution:

Will should specify tie-breaker mechanism

If will silent, may need court intervention (petition Orphans' Court for direction)

PA Probate Help can provide objective market analysis to help resolve disagreement

Problem 2: One Co-Executor Unresponsive

One actively administering estate

Other won't return calls, sign documents

Active executor can't proceed

Solution:

Document attempts to communicate

Send formal written requests

If continues, petition court to: Remove non-responsive executor Grant remaining executor authority to act alone Appoint substitute

Problem 3: Geographic Distance

Co-executors live in different states

One in Pennsylvania, one in California

Coordination difficult

Solution:

Use technology (DocuSign, video calls)

Agree to divide responsibilities

Consider one handling local matters, other handling their specialty

May need professional help (like PA Probate Help) for local property matters

Problem 4: Personal Conflict

Siblings serving as co-executors

Pre-existing family tensions

Every decision becomes battle

Solution:

Professional mediator

Divide responsibilities clearly

Agree to "stay in your lane"

One or both resign if truly unworkable

Court intervention as last resort

CO-EXECUTOR LIABILITY:

Joint and Several Liability: Each co-executor can be held liable for entire breach (not just their share).

Implications:

If one co-executor steals $50,000, other may be liable too (for failing to supervise)

Must monitor what co-executor is doing

Can't claim "that was their responsibility"

Protection:

Stay involved in all decisions

Object in writing to improper actions

Resign if co-executor is acting improperly and won't stop

Report to court if necessary

WHEN CO-EXECUTOR CAN ACT ALONE:

Emergency Situations: Preserving property from imminent harm (fix burst pipe, emergency repairs).

Routine Administration: Some courts permit routine acts by one executor (opening estate bank account, collecting mail).

Will Authorization: If will says "each may act independently."

Other Executor's Consent: Written agreement delegating authority for specific task.

Court Order: Court authorizes one to act due to other's absence/disagreement.

COMPENSATION WITH MULTIPLE EXECUTORS:

Pennsylvania Practice: Total executor compensation remains "reasonable" regardless of number.

Options:

Split fee equally among co-executors

Split based on work performed (proportional)

One waives fee (often family member beneficiary)

Will specifies allocation

Disputes: Court can allocate compensation based on actual work done if co-executors disagree.

PA Probate Help's Co-Executor Support:

We serve as neutral resource when co-executors struggle:

✓ Property decisions: Objective market analysis removes emotion from disagreements
✓ Coordination: Handle property matters so both executors stay informed
✓ Documentation: Maintain records acceptable to both parties
✓ Communication: Keep both co-executors updated equally
✓ Neutral recommendations: Neither executor can claim we favor the other

When co-executors disagree about property:

We provide comparable sales data

We explain market conditions objectively

We recommend strategies based on estate's best interest

We document analysis for both executives

This has helped resolve co-executor property disputes without costly court intervention.

Yes, but with complications. Pennsylvania allows non-resident executors with restrictions.

Legal Authority (20 Pa.C.S. § 3157):

Basic Rule: Non-residents CAN serve as executor if nominated in will, but must:

Post bond (unless will waives)

Appoint Pennsylvania agent for service of process

Potentially face additional court scrutiny

Bond Requirement:

For Resident Executors: Will often waives bond requirement.

For Non-Resident Executors: Court may require bond even if will waives it.

Bond Amount: Typically percentage of estate value (often 100%+). Can be substantial.

Bond Cost: Premium paid to bonding company (typically 0.5-1% of bond amount annually).

Example: $500,000 estate. Bond required: $500,000. Annual premium: $2,500-$5,000. This comes from estate funds but increases costs.

REGISTERED AGENT REQUIREMENT:

What Is It: Out-of-state executor must designate Pennsylvania resident or entity as agent for legal process.

Purpose: If executor is sued or court needs to deliver orders, there's Pennsylvania address for service.

Options:

Pennsylvania attorney

Registered agent service

Pennsylvania family member

PA Probate Help (in appropriate circumstances)

Process: File designation with Register of Wills. Agent must consent.

PRACTICAL CHALLENGES FOR OUT-OF-STATE EXECUTORS:

Challenge 1: Property Management

Problem: Executor lives in California. Estate includes Pennsylvania house. Who:

Checks on property?

Handles maintenance issues?

Meets contractors?

Shows property to buyers?

Manages tenant issues?

Solution: Hire local property management. PA Probate Help specifically handles this for out-of-state executors.

Challenge 2: Court Appearances

Problem: Pennsylvania Orphans' Court may require executor appearance for:

Accountings

Hearings

Disputes

Solution:

Attorney can often appear on executor's behalf

Some hearings allow video appearance

May need to travel for important hearings

Can petition for accommodations

Challenge 3: Local Transactions

Problem: Selling estate property typically requires:

Signing documents (often in person or notarized)

Coordinating with local title company

Meeting inspectors, appraisers, buyers

Handling closing logistics

Solution:

Use Pennsylvania attorney for closings

DocuSign for some documents

Mobile notary services

Local agent (like PA Probate Help) handles coordination

Challenge 4: Bank Access

Problem: Some banks want executor to appear in person to:

Access safe deposit boxes

Close accounts

Open estate accounts

Solution:

Call ahead to understand requirements

Use estate attorney to facilitate

Choose estate-friendly banks

Prepare proper documentation

Challenge 5: Time Zone and Availability

Problem: Pennsylvania business hours: 9 AM - 5 PM Eastern California executor: 6 AM - 2 PM Pacific Difficult to handle real-time issues.

Solution:

Local professionals handle time-sensitive matters

Set regular check-in times

Use email/text for non-urgent matters

Grant limited powers to local attorney/agent

SHOULD OUT-OF-STATE EXECUTOR SERVE?

Consider Serving If:

✓ You're the obvious choice (closest family member)
✓ Estate is relatively simple
✓ You can hire Pennsylvania professionals to help
✓ Other potential executors are less suitable
✓ You can commit time despite distance
✓ Estate has resources to pay for professional help

Consider Declining If:

✗ You can't commit time needed
✗ Estate is complex with substantial Pennsylvania property
✗ There's a suitable Pennsylvania executor alternative
✗ Travel would be hardship
✗ Your work/life prevents adequate attention

ALTERNATIVES:

1. Co-Executor: Non-resident serves with Pennsylvania co-executor. Local co-executor handles Pennsylvania matters.

2. Decline and Let Court Appoint: If will names you but you can't serve, you can decline. Court appoints Pennsylvania administrator.

3. Accept but Hire Extensively: Serve as executor but hire Pennsylvania professionals for everything local:

Estate attorney

CPA

Property manager (PA Probate Help)

Realtor You make decisions; they execute locally.

PA PROBATE HELP'S OUT-OF-STATE EXECUTOR SERVICES:

We specifically support non-resident executors with:

✓ Property oversight: Regular property inspections, photo documentation
✓ Maintenance coordination: Hire and supervise contractors locally
✓ Market analysis: Property valuations without requiring your presence
✓ Sale coordination: Handle all local aspects of property sales
✓ Communication: Regular updates via email, phone, video
✓ Problem solving: Handle emergencies without requiring your travel
✓ Professional network: Connect you with attorneys, CPAs, title companies

We become your "eyes and ears" in Pennsylvania.

Many of our clients are out-of-state executors who need reliable local support for Pennsylvania property matters. We've helped executors from California, Florida, Texas, and internationally manage Pennsylvania estate properties successfully.

Yes, Pennsylvania executors can resign, but must follow proper procedure.

Legal Authority (20 Pa.C.S. § 3181):

Resignation IS Permitted: Executors can resign their position. It's not abandonment if done properly.

REASONS EXECUTORS RESIGN:

Valid Reasons: ✓ Health issues preventing service
✓ Moved away, can't handle local duties
✓ Time commitment greater than anticipated
✓ Family conflicts making service impossible
✓ Personal circumstances changed
✓ Conflicts of interest discovered
✓ Overwhelming complexity beyond abilities

Less Valid (But Still Permitted):

Simply don't want to serve

Underestimated workload

Beneficiaries are difficult

Estate more complex than expected

No Reason Required: Pennsylvania doesn't require executor to justify resignation, though court may inquire.

RESIGNATION PROCESS:

Step 1: Provide Accounting Before resigning, executor must account for all actions taken:

Assets collected

Debts paid

Expenses incurred

Current asset inventory

Pending matters

Step 2: File Petition to Resign File formal petition with Register of Wills/Orphans' Court:

State intention to resign

Provide accounting

Identify successor executor (if known)

Request discharge

Step 3: Court Review Court reviews:

Is accounting complete?

Are there concerns about executor's actions?

Is successor available?

Are there objections from beneficiaries?

Step 4: Successor Appointed

If will names alternate executor, they're appointed

If no alternate, court appoints administrator

Successor may need to post bond

Step 5: Discharge Granted Once satisfied, court discharges resigning executor from further liability (for actions taken while serving).

TIMING CONSIDERATIONS:

Early Resignation (Before Much Work Done):

Simpler process

Less accounting required

Minimal liability exposure

Successor starts fresh

Mid-Administration Resignation:

More complex

Full accounting required

Must transfer all records to successor

May face questions about work done

Possibly contested by beneficiaries

Late Resignation (Near Completion):

Often better to just finish

Resignation creates delay

Successor must get up to speed

May affect executor compensation

CAN RESIGNATION BE DENIED?

Generally No: Executors cannot be forced to serve against their will. Slavery was abolished—you can quit.

But Court May Delay:

Until proper accounting filed

Until successor identified

Until urgent matters addressed

Until concerns about misconduct resolved

EXECUTOR COMPENSATION UPON RESIGNATION:

Entitled to Reasonable Compensation: For work actually performed before resignation.

Reduced Compensation: If resignation causes problems for estate (delay, additional costs), compensation may be reduced.

No Compensation: If executor resigned due to their own misconduct or without proper transition.

WHAT HAPPENS TO PENDING MATTERS:

Executor Must:

Inform successor of all pending matters

Transfer all documents and records

Provide contact information for attorneys, CPAs, etc.

Ensure property is secured and properly transferred

Not abandon estate mid-crisis

Common Pending Matters:

Property sales in progress

Tax returns being prepared

Litigation ongoing

Creditor claims unresolved

Successor Takes Over: New executor steps into resigning executor's shoes, continues from where they left off.

LIABILITY AFTER RESIGNATION:

Actions Before Resignation: Executor remains liable for improper actions taken before resignation, even after resigning.

Actions After Resignation: No liability for what successor does (unless resigning executor's prior actions caused the problem).

Discharge: Court discharge provides protection for actions during service (assuming proper accounting and no fraud).

SHOULD YOU RESIGN?

Consider Resignation If:

✓ You truly cannot serve effectively
✓ Conflicts make impartiality impossible
✓ Health prevents adequate service
✓ You've discovered issues beyond your ability
✓ Better-suited successor is available

Consider NOT Resigning If:

✗ Estate nearly complete (just finish it)
✗ Temporary difficulty that will pass
✗ You just need professional help (hire it instead)
✗ Beneficiaries are simply difficult (part of the job)
✗ No suitable successor exists

ALTERNATIVES TO RESIGNATION:

Hire Professionals: If overwhelmed, hire help:

Estate attorney for legal matters

CPA for tax issues

PA Probate Help for property management

Let professionals handle complexity while you remain executor

Delegate: Some tasks can be delegated to others while you maintain oversight.

Take Break (Carefully): Courts understand executors have lives. Taking time for urgent personal matters is generally acceptable if estate not neglected.

PA PROBATE HELP'S RESIGNATION SUPPORT:

For Executors Considering Resignation:

Help assess whether resignation is necessary

Connect with attorneys for resignation process

Ensure property matters properly documented for successor

For Successor Executors:

Quickly get up to speed on property issues

Assess property condition at transition

Ensure continuity of property management

Document property status at takeover

We've helped multiple executors through transitions—both those resigning and those taking over mid-administration.

Pennsylvania law requires executors to keep beneficiaries reasonably informed, though specifics depend on circumstances.

Legal Authority (20 Pa.C.S. § 3162, 3501-3521):

REQUIRED INFORMATION:

1. Notice of Probate Beneficiaries must be notified that:

Will has been admitted to probate

They are beneficiaries under the will

Basic information about how to contact executor/attorney

2. Copy of Will Beneficiaries are entitled to:

Copy of the will (it's public record once filed)

Understanding of what they receive under will

3. Inventory (Upon Request) Beneficiaries can request:

List of estate assets

Values of assets

General estate composition

4. Accounting Executor must provide accounting showing:

Assets collected

Income received

Expenses paid

Distributions made

Remaining assets

Pennsylvania Timing:

Formal accounting typically at estate closing

Interim accountings for long administrations

Beneficiaries can petition court to compel accounting if executor refuses

5. Tax Information Beneficiaries need:

K-1 forms (for estate income tax)

Information about inheritance they'll report

Documentation for their tax returns

WHAT EXECUTORS DON'T HAVE TO PROVIDE:

1. Real-Time Updates Executor not required to provide daily/weekly updates. Reasonable periodic updates sufficient.

2. Every Minor Decision Don't need beneficiary approval for routine administration matters.

3. Immediate Responses Executor can take reasonable time to respond (days, not months).

4. Confidential Negotiations Settlement discussions, creditor negotiations may be kept confidential until resolved.

5. Other Beneficiaries' Information Generally shouldn't share one beneficiary's personal information with others.

BENEFICIARY RIGHTS:

Right to Information: Beneficiaries have legitimate interest in estate administration and can request:

Status updates

Estimated timeline

Major decisions

Financial information

Right to Accounting: If executor refuses to provide information:

Beneficiary can petition Orphans' Court

Court can compel accounting

Court can remove uncooperative executor

Right to Object: Beneficiaries can object to:

Proposed distributions

Executor compensation

Actions that seem improper

FREQUENCY OF COMMUNICATION:

Best Practices:

Initial (First Month):

Notify of probate filing

Provide will copy

Explain general timeline

Provide contact information

Ongoing (Quarterly):

General status update

Major developments

Timeline adjustments

Upcoming decisions

Major Events:

Property sales

Significant expenses

Tax filings

Distributions

Final:

Complete accounting

Proposed distribution

Timeline for closing

HANDLING DIFFICULT BENEFICIARIES:

Beneficiary Demanding Constant Updates:

Set reasonable expectations upfront

Provide written updates on schedule

Don't respond to every text/email immediately

Document that you're providing appropriate information

If harassment continues, attorney can intervene

Beneficiary Who Doesn't Respond:

Document attempts to contact

Send updates anyway (email, mail)

Required notices should be sent certified mail

Create paper trail showing efforts

Beneficiary Threatening Litigation:

Take seriously but don't panic

Document everything

Consult estate attorney

Continue proper administration

Don't let threats bully you into improper actions

Beneficiary Requesting Excessive Information:

Provide what's legally required

Document requests and responses

Decline unreasonable demands professionally

"I'll address that in the formal accounting"

PROPERTY-SPECIFIC INFORMATION:

Beneficiaries Often Ask About:

Property value

Sale status

Repair decisions

Why property sold for specific price

Who's managing property

When they'll receive property/proceeds

Executor Should Provide:

General value range

Sale timeline

Major decision rationale

Professional involvement (realtor, property manager)

Distribution timeline estimates

Documentation PA Probate Help Provides:

When we manage estate property, we provide executors with:

✓ Property condition reports (shareable with beneficiaries)
✓ Market analysis (justifying pricing decisions)
✓ Expense documentation (showing where money went)
✓ Timeline reports (explaining process)
✓ Comparable sales data (supporting sale prices)

This documentation helps executors answer beneficiary questions with authoritative, professional backup—reducing disputes and building trust.

WHEN BENEFICIARIES SUE FOR INFORMATION:

Petition to Compel Accounting: Beneficiaries can file court petition if executor:

Refuses to provide required information

Delays unreasonably in responding

Appears to be hiding something

Won't provide accounting

Court Can Order:

Immediate accounting

Specific information disclosure

Executor removal (in severe cases)

Attorney fees (potentially)

How to Avoid:

Respond to reasonable requests

Provide regular updates

Don't hide information

Document your communication

If unsure what to provide, ask estate attorney

PA PROBATE HELP'S COMMUNICATION SUPPORT:

We Help Executors With:

✓ Professional reports: Property documentation suitable for beneficiary sharing
✓ Objective analysis: Takes personal opinion out of property decisions
✓ Third-party credibility: "The property expert says..." carries more weight
✓ Meeting support: Can attend beneficiary meetings to explain property matters
✓ Written documentation: Creates paper trail supporting executor decisions

We've Found: Beneficiaries who receive clear, professional information about property matters are less likely to:

Challenge executor decisions

Petition court for accountings

Create family conflict

File litigation

Good communication prevents problems. Our professional reports help executors communicate effectively.