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Naming Executor of Estate PA- contested

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tevalor24

Junior Member
What is the name of your state? PA
My father died without the original will being found - We have a copy and it states that he leaves everything to his surviving children so it is almost the same as not having a will anyway. (My mom died over 10 years ago). I am 1 of 4 children. We cannot seem to agree on who should represent the family or become the executor. My questions:

1. If the heirs cannot agree on an executor - will the courts appoint one?
2. Can I petition the court to be named executor? I am the youngest sibling but was also my father's POA for the last 6 years. (He had severe dementia for years).
3. Is it possible for the Executor to not equally distribute the net funds in this situation?

If you need further information from me to help properly answer - please just let me know.
~TevalorWhat is the name of your state?What is the name of your state?
 


anteater

Senior Member
1. If the heirs cannot agree on an executor - will the courts appoint one?
Yes. But since a court-appointed administrator will likely charge the maximum fee that the court considers reasonable, it would probably be more costly. Most family members would serve without taking a fee or only taking a minimal fee.

2. Can I petition the court to be named executor?
Yes. Being the youngest means nothing. Having held a POA may earn some points in the court's eyes. But there can still be objections from your siblings.

3. Is it possible for the Executor to not equally distribute the net funds in this situation?
I guess that it is theoretically possible if none of the heirs are paying attention. There are two ways in PA to distribute the net estate assets and close the estate: 1) By court order, which entails a formal accounting submitted to the court, an audit by the court, and a distribution order form the court, or 2) By what is called a family settlement agreement, which requires all the distributees to sign off on an accounting and the distribution. Either way, an administrator not following the will or the intestate distribution provisions should be caught and hauled before the court. And, if there is contention, I would assume that the children will be watching the adminstrator's actions like the proverbial hawk.

Note that PA has an inheritance tax. The rate for transfers to lineal descendants is 4.5%. But there is a 5% discount if an estimate of the tax is paid within 90 days of death. Procrastination in opening the estate and getting an administrator appointed will have a cost.
 
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Dandy Don

Senior Member
You can file to become adminstrator or you all can hire an attorney to do it. Go to the county courthouse and look at the filing form.
 

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