Being named executor in someone’s will can feel like a major responsibility, especially when the death has just occurred and the family is still grieving.
You may know that you are supposed to “handle the estate,” but that phrase does not explain what you should actually do first. Should you call the bank? Start paying bills? Divide personal property? File the will? Contact beneficiaries?
In Pennsylvania, one of the most important things to understand is that being named executor in a will does not automatically give you legal authority to take control of estate assets. Before acting on behalf of the estate, you may need to complete the probate process and receive the appropriate authority from the Register of Wills.
For executors in Reading and throughout Berks County, the first steps generally involve protecting important information and property, locating the original will, gathering documents, and determining whether the estate needs to be opened with the Berks County Register of Wills.
1. Locate the Original Will and Estate-Planning Documents
One of the first things to look for is the decedent’s original Last Will and Testament.
Do not assume that the Berks County Register of Wills already has the document. The county specifically states that it does not store wills for people who are still living. Instead, the original may have remained with the attorney who prepared it, in a secure location chosen by the person, or in another appropriate place.
At the same time, look for other estate-planning documents that may help explain the overall plan. These could include trusts, beneficiary information, deeds, insurance records, or other documents related to the person’s property.
However, finding the will does not mean you should immediately begin distributing property.
First, determine what legal authority you have.
2. Understand That Being Named Executor Is Not the Same as Being Appointed
This is one of the most important first lessons for a new executor.
A will may nominate you to serve as executor, but Pennsylvania generally requires the Register of Wills to grant the appropriate authority before you act as the estate’s personal representative.
When the Register accepts the will for probate and appoints the executor, it may issue letters testamentary. Pennsylvania law provides that letters testamentary generally go to the executor designated in the will.
Berks County also warns that someone named in a will should not simply assume authority over estate assets. The county explains that the Register of Wills grants that authority after probate through letters testamentary.
Therefore, before closing accounts, selling property, or making distributions, confirm what authority the estate requires.
3. Obtain the Death Certificate and Gather Basic Information
Next, begin collecting the documents and information that may be needed to open and administer the estate.
For probate in Berks County, the Register of Wills currently lists items that can include:
- the original will and any codicils, if applicable;
- an original death certificate;
- a completed Petition for Grant of Letters;
- identification for the proposed executor or administrator;
- an Estate Information Sheet;
- renunciations, when applicable; and
- additional documents depending on the circumstances.
Berks County currently conducts probate proceedings through scheduled virtual appointments, while still requiring original documents and wet signatures for certain filings. Because procedures can change, executors should confirm the county’s current requirements before submitting documents.
4. Secure Important Property and Information
While you are determining how to open the estate, pay attention to property that may need immediate protection.
For example, a vacant home may need to remain secure. Vehicles, important documents, valuable personal property, business records, and financial information may also need attention.
At this early stage, the goal is not to start dividing the estate.
Instead, focus on preserving information and preventing avoidable loss or confusion while the proper authority and estate administration process are being established.
The Berks County Register of Wills describes protecting estate assets as part of the personal representative’s responsibilities and notes that administration may require reviewing items such as insurance policies, bills, vehicle titles, employee-benefit information, business agreements, tax returns, stocks, bonds, and other records.
That gives an executor a useful early priority:
preserve first, distribute later.
5. Begin Building an Estate Information File
Probate becomes much easier to understand when information is organized rather than scattered among emails, drawers, files, and family members.
Start creating a working record of what you discover.
Useful categories may include:
Estate documents
Will, codicils, trusts, deeds and related planning documents.
Financial accounts
Bank accounts, brokerage accounts, retirement accounts and other financial records.
Real property
Homes, land, rental property and other real estate interests.
Debts and expenses
Mortgages, credit cards, medical expenses, taxes and other possible obligations.
Insurance and benefits
Life insurance, employee benefits and other coverage.
Potential beneficiaries or heirs
People or organizations that may have an interest in the estate.
You do not need every answer on the first day. However, organizing what you know can make the next stages much easier to manage.
6. Do Not Rush to Pay Every Bill or Distribute Property
Family members may naturally want to know when property can be divided.
Creditors may also begin sending bills.
However, the executor should resist the urge to treat estate administration like an ordinary household checking account.
Once the personal representative receives letters, Pennsylvania law requires notice of the appointment to appear in the appropriate newspaper and legal periodical once a week for three successive weeks. That notice asks creditors to present claims and people who owe money to the estate to make payment.
The estate may also face taxes, administration expenses, property costs, and other obligations.
Therefore, an executor should develop a clearer understanding of the estate before making final distributions.
This is especially important when the estate has limited cash, significant debt, real estate, tax concerns, or competing claims.
7. Determine Whether Probate Should Be Opened in Berks County
Pennsylvania generally requires letters testamentary or letters of administration to come from the Register of Wills in the county where the decedent had their last family or principal residence.
So, if the person was legally domiciled in Berks County, the Berks County Register of Wills in Reading will generally handle the probate proceeding.
The current Berks County process requires prospective personal representatives to submit the required documentation for review before scheduling the virtual probate appointment. After the executor or administrator completes the required process and the office receives and reviews the original documents and payment, the Register issues the appropriate letters and short certificates.
That authority allows the personal representative to begin acting formally for the estate.
8. Understand Whether You Are an Executor or Administrator
People often use the word “executor” for anyone handling an estate, but Pennsylvania distinguishes between different roles.
If a valid will identifies an executor and that person qualifies to serve, the Register may grant letters testamentary.
If no will exists, the estate may instead require an administrator, who receives letters of administration.
Pennsylvania law establishes an order of preference for who may receive letters of administration when no executor is serving.
Both roles fall under the broader term personal representative, but how someone receives authority can differ.
This distinction matters because the estate should move forward based on the legal authority actually granted—not simply on what family members assume should happen.
9. Start Thinking About Pennsylvania Inheritance Tax Early
An executor does not need to solve every tax issue immediately after the death.
However, Pennsylvania inheritance tax should enter the conversation early rather than at the end of administration.
Pennsylvania inheritance tax generally depends on the relationship between the decedent and the beneficiary. The Commonwealth currently provides a 5% discount on qualifying inheritance tax paid within three months of death, while the tax becomes delinquent nine months after death.
Because those deadlines begin running from the date of death, an executor should not wait until the estate is nearly finished before considering possible tax obligations.
10. Know What Not to Do During the First Stage
Sometimes the best first step is knowing what not to rush into.
A newly named executor should be cautious about:
- distributing personal property immediately;
- promising beneficiaries specific payment dates;
- selling or transferring estate property without appropriate authority;
- assuming every bill should automatically be paid;
- mixing estate funds with personal funds;
- assuming a copy of the will creates legal authority;
- ignoring tax questions until the end; or
- treating assets held in a trust or with beneficiary designations as though every asset belongs to the probate estate.
The exact rules depend on the circumstances, so an executor should distinguish between preserving property and formally exercising authority over the estate.
That distinction can prevent confusion later.
What If You Cannot Find the Original Will?
If you believe a will exists but cannot find the original, begin by checking the places where the decedent kept important records and contacting the attorney or law firm that may have prepared the document.
Do not assume Berks County has the original on file. As noted above, the Register of Wills specifically states that it does not keep wills for living people.
A missing original can create additional probate questions, so this is one situation where executors may want legal guidance before deciding how to proceed.
What If the Person Died Without a Will?
The absence of a will does not necessarily mean that no estate administration is required.
Instead, Pennsylvania law determines who may receive authority to administer the estate and how probate property passes under the Commonwealth’s intestacy rules.
In Berks County, the Register of Wills may grant letters of administration to the appropriate person when there is no will.
This is also why estate planning before death matters: a valid plan gives individuals more opportunity to identify the people they want involved and coordinate how different property should pass.
A Simple First-Step Checklist for Pennsylvania Executors
For someone who has just learned that they may be responsible for an estate, the first priorities can be simplified:
Locate the original will and important documents.
Obtain the death certificate and gather basic estate information.
Secure important property and records.
Do not assume that being named executor already gives you legal authority.
Determine which county should handle probate.
Review the Register of Wills requirements before opening the estate.
Begin organizing assets, debts, beneficiaries and tax information.
Avoid rushing into distributions or major estate transactions.
Then, once the appropriate letters are granted, the personal representative can move into the broader estate administration process.
Guidance for Executors in Reading and Berks County
Serving as executor often means taking responsibility at a time when you are also dealing with the loss of someone important to you.
You do not need to understand the entire Pennsylvania probate system on the first day.
Instead, focus on identifying the next appropriate step.
Resolution Law Group helps executors, administrators, and families in Reading and throughout Berks County understand their responsibilities and navigate Pennsylvania probate and estate administration with greater clarity.
If you have been named executor or believe you may need to administer an estate, Scott Hoh can help you understand what authority you need and what should happen next.
