Personal Representative
Understanding the fiduciary duties, powers, and personal liabilities of an executor or administrator under Pennsylvania law.
20 Pa. Cons. Stat. Ann. §§ 3301–3332
Notice: Estate administration and planning involve complex legal, tax, and fiduciary considerations. This information is provided for educational purposes. Consult with a licensed attorney and tax professional for guidance specific to your situation.
Six Core Fiduciary Duties
Duty of Loyalty
Act solely in the interest of the estate and its beneficiaries, not for personal gain.
Duty of Care
Exercise reasonable care, skill, and caution in managing estate assets.
Duty to Preserve Assets
Protect and maintain estate property; obtain appropriate insurance.
Duty to Invest Prudently
Follow the Prudent Investor Rule when investing estate assets.
Duty to Account
Maintain accurate records and provide accountings to beneficiaries and the court.
Duty to Distribute Timely
Distribute estate assets without unnecessary delay after debts and taxes are paid.
See In re Estate of Harrison, 745 A.2d 676 (Pa. Super. 2000)
Personal Liability Risks
Warning: Personal Liability
A personal representative can be held personally liable for breaches of fiduciary duty, including:
- Distributing assets before paying debts or taxes
- Failing to file the inheritance tax return on time (6% interest accrues)
- Self-dealing or conflicts of interest
- Failing to preserve or insure estate assets
- Imprudent investments that lose value