Short answer
When a person dies without a will, the Register of Wills appoints an administrator and issues letters of administration. Those letters give the administrator authority to handle the estate, including its house. In Philadelphia, a sole beneficiary typically qualifies. Several heirs must pick one person or act together.
What dying without a will means
A person who dies without a will is called intestate. There is no executor named on paper. Instead, the Register of Wills decides who will administer the estate. The person appointed receives letters of administration, which are the legal proof that this person can deal with the estate's property. State intestacy law, not the family, decides who inherits. An estate attorney can explain who that is in your situation.
Who can be the administrator
The Philadelphia Register of Wills says sole beneficiaries typically qualify as administrator. When there are several heirs, they must either renounce in favor of one sole administrator or act together as co-administrators. That is where family disagreements often show up, because co-administrators have to work together on a sale.
How to apply in Philadelphia
You complete a petition for grant of letters of administration at your appointment at City Hall, Room 180. Bring an original death certificate, an estimate of the estate's value and a valid, current ID. Fees depend on the size of the estate, and the office takes Visa, Mastercard, certified checks or money orders. The phone number is (215) 686-6255 and the office lists weekday hours of 8 a.m. to 4 p.m., except holidays. Plan for the hours the office is open and arrive with everything on the list. If a document is missing, you may have to come back, which costs time. If you live far away, call (215) 686-6255 before you travel and ask what can be done ahead of the appointment. Ask also how long it takes between your appointment and the day you receive the letters, so you can tell a buyer or a title company when to expect them.
What the letters let you do with the house
Pennsylvania's estate code gives the personal representative the right to take possession of the decedent's real property and, unless a will says otherwise, to sell real property that was not specifically devised. An administrator is a personal representative. A title company will usually want a certified copy of the letters at closing. Before you apply, make a list of everyone who may be an heir, since the Register of Wills describes a process in which several heirs must agree on one administrator or act together as co-administrators. A quick family conversation can save weeks. Keep the death certificate, your ID and a rough list of the estate's assets together. When you get the letters, ask how to obtain extra copies, because the title company, a bank and a buyer may each ask for one. If the house has a mortgage or unpaid bills, tell your attorney at the first meeting.
Your options for the house
With letters in hand, the administrator can list the house with an agent or sell to a cash buyer. Kaizen Home Buyers buys as-is for cash, with no repairs and no agent commission. We make an offer within 24 hours and can close in 14 to 30 days or on the date the estate picks. Call 267-329-0084.