CHAPTER 7
 

APPOINTMENT AND DISCHARGE
OF FIDUCIARIES OTHER THAN GUARDIANS

 

 
 
 
 

B.

Personal Representatives
     
A personal representative is an executor or administrator appointed by the Register of Wills. The power to remove a personal representative is vested exclusively in the Orphans’ Court. Grounds and procedure for removal are set forth in PEF Code §§3182 and 3183.

After an accounting and audit in the Orphans’ Court, the Court will, upon petition, discharge the personal representative and his surety, if any, or the surety alone. Such petitions are seldom filed because the personal representative is adequately protected from further liability in most cases by the adjudication itself. In large or disputed estates, the surety may insist on an express discharge, but is usually satisfied by other evidence that the estate has been properly distributed. See PEF Code §3184; Pa.O.C. Rule 12.7 and Phila.O.C. Rule 12.7.A.

Where letters have been granted in an estate not exceeding $25,000, PEF Code §3531 permits a personal representative, after the expiration of one (1) year from the first complete advertisement of the grant of letters, to petition the Court for discharge without the expense and delay of a formal accounting. However, an account and suggested distribution of the estate must be annexed to the petition.
 

 


 
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