§ 3155. Persons entitled.
(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by vehicle, in connection with a decedent's death unless and until the charge is withdrawn,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.
Notes of Decisions
In Re: Est. of D.A.A., Appeal of: Anderson, R., 317 A.3d 997 (Pa. Super. Ct. 2024).
· cites it 2× “20 Pa.C.S. § 3155(b)(1)-(6). “The register of wills may exercise discretion in appointing an administrator from within the class of persons eligible for appointment [set forth in Section 3155(b)] to oversee the estate of one who has died intestate.”
In Re Est. of Dilbon, 690 A.2d 1216 (Pa. Super. Ct. 1997).
· cites it 5× “20 Pa.C.S. § 3155. Persons entitled (b) Letters of administration.”
In re Est. of Andrews, 92 A.3d 1226 (Pa. Super. Ct. 2014).
“20 Pa.C.S. § 3155. Since Ms. Andrews died testate, letters testamentary must issue.”
In re Est. of Klink, 743 A.2d 482 (Pa. Super. Ct. 1999).
“” 20 Pa.C.S. § 3155(b). Thus neither has any automatic priority or preference over the other as the proper person to administer the estate.”
In Re the Est. of Dodge, 522 A.2d 77 (Pa. 1987).
“Yoder’s evidence was insufficient to prove a common law marriage, and that the letters of administration should be revoked.”
In re Est. of Blom, 642 A.2d 498 (Pa. Super. Ct. 1994).
“— 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: [[Image here]] (3) Those entitled under the intestate law as the register, in…”
Yakowicz v. Costigan, 331 A.2d 238 (Pa. Commw. Ct. 1975).
“) The Secretary then concludes that by virtue of the wording of section 3155(b) of the Code, 20 Pa. C.S. §3155 (b), the Register must make the named agent or nominee of the Secretary the administrator of the estate.”
Dorsey v. Redman, 22 A.3d 274 (Pa. Commw. Ct. 2011).
“20 Pa.C.S. § 3155(b). (Trial Ct. Op. at 2, ¶ 2.”
Est. of Campbell, L., Appeal of: Uhuru, N. (Pa. Super. Ct. 2020).
· cites it 5× “Our legislature also enacted a list of disqualified persons, such as minors, persons accused of murdering the decedent, and persons “found by the register to be unfit to be entrusted with the administration of the estate.”
Dohner v. Clemens, 703 A.2d 708 (Pa. Super. Ct. 1997).
· cites it 2× “Furthermore, we point out that despite the apparent refusal of decedent’s children to seek the letters of administration, procedures exist in 20 Pa.C.S. § 3155 by which decedent’s counsel could have sought grant of the letters in order to preserve the action.”
In Re: Est. of John J. Lynn (Pa. Super. Ct. 2016).
· cites it 4× “It committed an error of law and an abuse of discretion in failing to do so.”
— 20 Pa. Cons. Stat. § 3155(a) — 3 cases
— 20 Pa. Cons. Stat. § 3155(b) — 12 cases
In Re Est. of Dilbon, 690 A.2d 1216 (Pa. Super. Ct. 1997).
“20 Pa.C.S. § 3155. Persons entitled (b) Letters of administration.”
In re Est. of Klink, 743 A.2d 482 (Pa. Super. Ct. 1999).
“” 20 Pa.C.S. § 3155(b). Thus neither has any automatic priority or preference over the other as the proper person to administer the estate.”
In Re the Est. of Dodge, 522 A.2d 77 (Pa. 1987).
“Yoder’s evidence was insufficient to prove a common law marriage, and that the letters of administration should be revoked.”
In re Est. of Blom, 642 A.2d 498 (Pa. Super. Ct. 1994).
“— 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: [[Image here]] (3) Those entitled under the intestate law as the register, in…”
Dorsey v. Redman, 22 A.3d 274 (Pa. Commw. Ct. 2011).
“20 Pa.C.S. § 3155(b). (Trial Ct. Op. at 2, ¶ 2.”
— 20 Pa. Cons. Stat. § 3155(b)(1) — 3 cases
In Re: Est. of D.A.A., Appeal of: Anderson, R., 317 A.3d 997 (Pa. Super. Ct. 2024).
“20 Pa.C.S. § 3155(b)(1)-(6). “The register of wills may exercise discretion in appointing an administrator from within the class of persons eligible for appointment [set forth in Section 3155(b)] to oversee the estate of one who has died intestate.”
In Re Est. of Dilbon, 690 A.2d 1216 (Pa. Super. Ct. 1997).
“20 Pa.C.S. § 3155. Persons entitled (b) Letters of administration.”
— 20 Pa. Cons. Stat. § 3155(b)(2) — 1 case
— 20 Pa. Cons. Stat. § 3155(b)(3) — 2 cases
Est. of Campbell, L., Appeal of: Uhuru, N. (Pa. Super. Ct. 2020).
“Our legislature also enacted a list of disqualified persons, such as minors, persons accused of murdering the decedent, and persons “found by the register to be unfit to be entrusted with the administration of the estate.”
— 20 Pa. Cons. Stat. § 3155(b)(5) — 1 case
In Re Est. of Dilbon, 690 A.2d 1216 (Pa. Super. Ct. 1997).
“20 Pa.C.S. § 3155. Persons entitled (b) Letters of administration.”
— 20 Pa. Cons. Stat. § 3155(b)(6) — 1 case
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