(a) Letters testamentary.--Letters testamentary shall be granted by the register to the executor designated in the will, whether or not he has declined a trust under the will.
(b) Letters of administration.--Letters of administration shall be granted by the register, in such form as the case shall require, to one or more of those hereinafter mentioned and, except for good cause, in the following order:
(1) Those entitled to the residuary estate under the will.
(2) The surviving spouse.
(3) Those entitled under the intestate law as the register, in his discretion, shall judge will best administer the estate, giving preference, however, according to the sizes of the shares of those in this class.
(4) The principal creditors of the decedent at the time of his death.
(5) Other fit persons.
(6) If anyone of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding paragraph.
(7) A guardianship support agency serving as guardian of an incapacitated person who dies during the guardianship administered pursuant to Subchapter F of Chapter 55 (relating to guardianship support).
(8) A redevelopment authority formed pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.
(c) Time limitation.--Except with the consent of those enumerated in paragraphs (1), (2) and (3), no letters shall be issued to those enumerated in paragraph (4), (5) or (8) of subsection (b) until 30 days after the decedent's death.
(d) Death charges.--Notwithstanding the provisions of subsections (a) and (b), the register shall not grant letters testamentary or letters of administration to any person charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death unless and until the charge is withdrawn, dismissed or a verdict of not guilty is returned.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Nov. 29, 2006, P.L.1536, No.171, eff. 60 days)
Cross References. Section 3155 is referred to in sections 3181, 3182 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Section 3101 - Payments to family and funeral directors
Section 3102 - Settlement of small estates on petition
Section 3122 - Payment or delivery of exemption
Section 3123 - Payment from real estate
Section 3126 - Grantee or lienholder
Section 3131 - Place of probate
Section 3132 - Manner of probate
Section 3132.1 - Self-proved wills
Section 3133 - Limit of time for probate
Section 3134 - Nuncupative wills (Repealed)
Section 3135 - Wills in foreign language
Section 3136 - Wills probated outside the Commonwealth
Section 3137 - Enforcing production of will
Section 3138 - Later will or codicil
Section 3152 - When 21 years elapsed
Section 3153 - Contents of petition
Section 3154 - Affidavit and oath
Section 3155 - Persons entitled
Section 3156 - Persons not qualified
Section 3158 - Letters of administration C.T.A
Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A
Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite
Section 3161 - Oath of personal representative
Section 3162 - Advertisement of grant of letters
Section 3163 - Submission to jurisdiction
Section 3171 - Individual estate
Section 3172 - Register's responsibility
Section 3173 - Fiduciary estate
Section 3174 - When not required
Section 3175 - Requiring or changing amount of bond
Section 3181 - Revocation of letters
Section 3182 - Grounds for removal
Section 3183 - Procedure for and effect of removal
Section 3184 - Discharge of personal representative and surety