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Estate administration in Pennsylvania: What is an executor?

When someone names you as an executor in their will, you become the person in charge of handling their estate after they pass away. You have to manage the estate and make sure everything follows the wishes stated in the will. This role comes with significant responsibilities and requires careful attention to detail.

Who can serve as an executor?

When someone writes their will, they often choose a family member or trusted friend to serve as their executor. To take on this role in Pennsylvania, you must be at least 18 years old and capable of managing estate matters. The Register of Wills must approve your appointment as executor before you can begin your duties.

The law blocks certain people or entities from serving as executor, even if named in the will. They cannot serve if they:

  • Are under 18 years old
  • Face charges related to the death of the person whose estate needs managing
  • Lack the fitness to handle estate matters (as determined by the Register of Wills)
  • Represent an overseas beneficiary who may not actually receive their inheritance
  • Are a corporation not authorized to act as a fiduciary in Pennsylvania

Sometimes, the named executor cannot or chooses not to serve. In other cases, the will might not name an executor at all. When this happens, the court will choose someone else, following a specific order. They will first consider people who would receive property under the will, then look to the surviving spouse and finally turn to other family members who would inherit under state law.

What are the executor’s key responsibilities?

An executor’s duties typically include:

  • Filing the will with the local probate court
  • Gathering and protecting estate assets
  • Notifying beneficiaries and creditors
  • Setting up an estate bank account
  • Paying valid debts and taxes
  • Distributing assets to beneficiaries
  • Maintaining accurate records
  • Filing final tax returns

Executors often face many challenges, from locating assets and interpreting complex will provisions to resolving conflicts between beneficiaries.

Understand your legal obligations

Being an executor requires careful attention to legal requirements and deadlines. An attorney can help you navigate these potential disputes and ensure you’re prepared for the responsibilities ahead.