Most probate estates involve straightforward Letters Testamentary (will names an executor who serves) or Letters of Administration (no will, court appoints an administrator). But estates don't always follow the simple path. When the named executor can't serve, dies mid-administration, or when the estate is contested, the Register of Wills issues one of several special forms of letters — each with its own purpose, scope, and limitations.
Issued when there is a valid will but the named executor cannot or will not serve. Common scenarios:
The administrator c.t.a. has the same duties as an executor — they administer the estate according to the terms of the will — but they are appointed by the Register, not named in the will. The order of priority for appointment follows 20 Pa.C.S. § 3155(b): the residuary beneficiaries under the will have first priority, followed by other beneficiaries, then creditors, then others.
Key distinction: Letters c.t.a. carry all the powers granted by the will to the executor, including powers of sale, distribution authority, and discretionary provisions — unless the will specifically limits those powers to a named individual. If the will says "I grant my executor, John Smith, the power to sell my real estate," a court may construe that power as personal to John Smith and not transferable to the administrator c.t.a. Draft wills with generic references to "my personal representative" rather than naming individuals in power-granting clauses.
Issued when the original personal representative dies, resigns, or is removed after letters were granted but before the estate is fully administered. The d.b.n. administrator picks up where the prior representative left off — they administer only the remaining unadministered assets.
This arises when:
The d.b.n. administrator must account for the prior representative's administration — or petition the Orphans' Court to compel an accounting from the prior representative (or their estate, if deceased). This is frequently the most contentious part: what happened to the assets under the first representative's watch?
The combination: there is a will, but the original executor can no longer serve, and the estate is not yet fully administered. The d.b.n.c.t.a. administrator steps in to complete the administration under the terms of the will. This is the most common "successor" letter type in practice — it covers the situation where the testator's named executor served for a period, then died or became incapacitated, and someone new must finish the job.
All the c.t.a. rules about will powers apply, and all the d.b.n. rules about accounting for the prior administration apply. The petition must address both: who is entitled to appointment under the will's priority scheme, and what is the status of the prior administration.
Issued by the Orphans' Court (not the Register) when there is an active dispute that prevents the normal grant of letters — typically a will contest, caveat, or appeal from probate. The court appoints a temporary administrator to preserve estate assets while the dispute is resolved.
The pendente lite administrator has limited powers:
This is a fiduciary appointed to keep the lights on while the lawyers fight. The appointment terminates when the underlying dispute is resolved and permanent letters can issue. If you need the pendente lite administrator to take extraordinary action (e.g., sell a deteriorating property), you must petition the Orphans' Court for specific authority.
Issued when the person entitled to letters — the named executor or the person with statutory priority — is absent from the Commonwealth and the estate requires immediate administration. The durante absentia administrator serves only until the absent person returns and qualifies.
This was historically more significant than it is today. With modern communication and the ability to file remotely, physical absence is less of a barrier. But the mechanism still exists, and it occasionally applies when the entitled person is overseas for an extended period, incarcerated out of state, or otherwise physically unable to appear before the Register to qualify.
Issued when the person entitled to serve as personal representative is a minor (under 18). The durante minoritate administrator serves until the minor reaches the age of majority and can qualify in their own right. This most commonly arises when the will names the decedent's child as executor and the child is still a minor at the time of death — unusual, but it happens, particularly in cases where the testator was young and the will was never updated.
Filing at the Register
All petitions for special letters are filed at the Register of Wills (except pendente lite, which requires an Orphans' Court petition). The filing fee is the same as for original letters — graduated based on estate value. The petition must explain why the special grant is needed, who has priority, and whether all interested parties have been notified. The Register will issue a decree granting the letters or, if there is an objection, refer the matter to the Orphans' Court for hearing.
Bonding considerations change with special letters. A d.b.n. administrator may face heightened bond requirements if the prior administration was problematic. A pendente lite administrator will almost certainly be bonded regardless of what the will says, because the court is protecting disputed assets. Durante minoritate and durante absentia administrators are bonded as a matter of course.
If you're facing any of these situations — an executor who died mid-probate, a will contest that's freezing the estate, a named executor who lives abroad — the procedural path is specific and the petition requirements are precise. This is not a DIY filing.
All types of special letters are requested using the same Petition for Grant of Letters (Form RW-02). Section A covers standard Letters Testamentary; Section B covers Letters of Administration and lists all six special types by name: c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, and durante minoritate. If the named executor has renounced, attach the Renunciation (Form RW-02/2.02) — it must be signed before the Register or notarized if executed outside the Register's office.
For pendente lite, durante minoritate, and durante absentia letters, the Orphans' Court Manual notes that the Register will accept petitions that are not on pre-printed forms, allowing counsel to include appropriate language tailored to the circumstances. This flexibility is important because these situations rarely fit neatly into a standard form.
Key procedural points from the Bucks County Orphans' Court Manual:
Related Forms in Our Library
See the Forms page for the Petition for Grant of Letters, Renunciation, Revocation of Letters Checklist, and General Petition Checklist — all available for reference or request through our office.
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