Estate of Osborne

• Decision Date: 12 May 1987
• Citation: Estate of Osborne, 525 A.2d 788, 363 Pa.Super. 200 (Pa. Super. Ct. 1987)
• Parties: ESTATE OF Sandra L. OSBORNE, Deceased. Appeal of Margaret FAULKNER. 591 Harrisburg 1984
• Court: Pennsylvania Superior Court

Page 788

525 A.2d 788

363 Pa.Super. 200

ESTATE OF Sandra L. OSBORNE, Deceased.

Appeal of Margaret FAULKNER.

591 Harrisburg 1984

Superior Court of Pennsylvania.

Argued May 12, 1986.

Filed May 12, 1987.

M. Maley Peterson, Philadelphia, for appellant.

Before CIRILLO, President Judge, and CAVANAUGH, McEWEN, BROSKY, DEL SOLE, BECK, TAMILIA, KELLY and JOHNSON, JJ.

KELLY, Judge:

In this case of first impression, we are called upon to determine whether the Orphans' Court division of the Courts of Common Pleas may direct the Register of Wills to issue letters of administration to an individual selected by the Orphans' Court. We hold that, upon finding that the Register abused its discretion in choosing an administrator, the Orphans' Court may determine the proper individual to act as administrator, and direct the Register to issue letters of administration to that individual.

This case involves an appeal from an Order directing the Register of Wills to revoke a previous grant of letters of administration and to issue letters to the Dauphin Deposit Bank and Trust Company (Bank). ¹ Appellant argues that the power to select an administrator lies within the exclusive jurisdiction of the Register, and that the court was without jurisdiction to direct the Register to issue letters to an individual selected by the court. Alternatively, she contends that the court erred in its choice of the trust company as the new administrator; in appellant's view, she should have been chosen. We disagree with appellant's contentions, and hold that the court below acted within its power in directing the issuance of letters of administration to a particular party. Further, we find that the court below did not abuse its discretion in ordering the issuance of letters to the Bank. Accordingly, we affirm.

The decedent, Sandra Osborne, was divorced from her husband, appellee Leroy Osborne. She died intestate on June 16, 1984. Upon Sandra's death, however, Leroy applied to the Register of Wills for letters of administration for Sandra's estate. The Register granted Leroy's application. Appellant, Sandra's mother, petitioned the Orphans' Court division of the Court of Common Pleas to revoke the letters issued to Leroy. After a hearing on this issue, the court directed the Register to revoke the letters. ² The court further ordered the Register to issue letters of administration to the Bank as a neutral third party. Appellant does not challenge the revocation of the letters from Leroy Osborne; she had requested the revocation. Instead, she appeals the portion of the order which issues the letters of administration to the Bank.

In order to more readily understand the issues presented in this case, it is necessary to review the applicable statutes and the routine procedures pertaining to the issuance of letters of administration. The jurisdiction of both the Register of Wills and the Orphans' Court division of the Courts of Common Pleas is outlined in Title 20, entitled Decedents, Estates and Fiduciaries. Section 711 of Title 20, governing the "[m]andatory exercise of jurisdiction through orphans' court division in general," provides in pertinent part:

... [T]he jurisdiction of the court of common pleas over the following shall be exercised through its orphans' court division:

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(12) Fiduciaries. The appointment, control, settlement of the accounts of, removal and discharge of, and allowance to and allocation of compensation among, all fiduciaries of estates and trusts, jurisdiction of which is exercised through the Orphans' Court division, except that the register shall continue to grant letters testamentary and of administration to personal representatives as heretofore.

(Emphasis added). Regarding the jurisdiction of the Register of Wills, 20 Pa.C.S.A. § 901 provides:

Within the county for which he has been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of letters to a personal representative, and any other matter as provided by law.

(Emphasis added).

Under typical procedure, an application is submitted to the Register requesting the grant of letters of administration. The order of priority for individuals entitled to a grant of letters is set forth by statute. 20 Pa.C.S.A. § 3155 states in relevant part:

§ 3155

. Persons entitled

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(b) Letters of administration.--Letters of administration shall be granted by the register, in such form as the case shall require to one or more of those hereinafter mentioned and, except for good cause, in the following order:

(1) Those entitled to the residuary estate under the will.

(2) The surviving spouse.

(3) Those entitled under the intestate law as the register, in his discretion, shall judge will best administer the estate, giving preference, however, according to the sizes of the shares of those in this class.

(4) The principal creditors of the decedent at the time of his death.

(5) Other fit persons.

(6) If anyone of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding clause.

(Emphasis added).

When an interested party wishes to object to the grant of letters to the petitioner, he may file a caveat. 20 Pa.C.S.A. § 907 provides:

§ 907. Certification of records to court

Whenever a caveat shall be filed or a dispute shall rise before the register concerning ... the grant of letters ... he may certify, or the court upon petition of any party in interest may direct the register at any stage of the proceedings to certify, the entire record to the court, which shall proceed to a determination of the issue in dispute.

(Emphasis added). Thus, when a dispute arises regarding the Register's choice for the grant of letters, an interested party may either file a caveat with the Register or petition the Orphans' Court division for the matter to be transferred to the Orphans' Court for resolution.

Alternatively, an aggrieved party may appeal the Register's decision to the Orphans' Court division of the Court of Common Pleas. 20 Pa.C.S.A. § 908 provides in pertinent part:

§ 908. Appeals

(a) When allowed.--Any party in interest who is aggrieved by a decree of the register, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the court within one year of the decree ...

Upon the filing of an appeal, and after entry of security, ³ the Register normally transmits the record to the Orphans' Court. There, a petition is presented on the motion list for the award of a citation, directing all parties in interest to show cause why the appeal should not be sustained and the decree of the Register set aside. See 1 Remick's Orphans' Court Practice, § 4.06, 201 (1979).

The final relevant statutory provision, 20 Pa.C.S.A. § 3183, authorizes the Orphans' Court division to consider revocation sua sponte of letters of administration previously granted by the Register. Section 3183 provides:

§ 3183. Procedure for and effect of removal

The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal representative to appear and show cause why he should not be removed, or, when necessary to protect the rights of creditors or parties in interest, may summarily remove him. Upon removal, the court may direct the grant of new letters testamentary or of administration by the register to the person entitled.... Any personal representative summarily removed under the provisions of this section may apply, by petition, to have the decree of removal vacated and to be reinstated, and, if the court shall vacate the decree of removal and reinstate him, it shall thereupon make any orders which may be appropriate to accomplish the reinstatement.

(Emphasis added).

Having recited the relevant statutory provisions and the procedure surrounding the granting of letters, we now consider the issues presented in the instant case.

I.

Appellant first contends that the Orphans' Court division acted beyond its jurisdiction in directing the Register to issue letters of administration to the Bank. Appellant concedes that, upon removal of the case to the Orphans' Court division, ⁴ the court had the authority to revoke the letters which were previously granted by the Register. ⁵ According to appellant, however, after revoking the letters, the Orphans' Court must remand the matter to the Register, who will then entertain new applications for letters of administration. Appellant claims that the selection of a proper administrator is within the exclusive jurisdiction of the Register of Wills. Although we agree that the original selection of an administrator is normally a task within the jurisdiction of the Register, we hold that, upon a finding by the Orphans' Court that the Register has abused its discretion in the selection of the original administrator, the Orphans' Court may review the evidence presented, revoke the letters, and direct the Register to issue letters to the individual whom the court finds to be entitled to administer the estate.

Appellant cites several sections of Title 20 in support of her contention that only the Register of Wills may select the individual to whom letters of administration shall be issued. Appellant first cites Section 901, supra, which states that "the register shall have jurisdiction of ... the grant of letters." Appellant contends that the authority of the Register alone to select the individuals to whom letters of administration shall be issued is confirmed in Section 711(12), which defines the jurisdiction of the Orphans' Court as including "[t]he appointment, ... removal, and discharge of ... all fiduciaries ..., except that the register shall continue to grant letters ... of administration."

We agree that, as set forth by statute, the selection of the person to whom the...