Special Letters C T A D B N Pendente

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 do not always follow the simple path. When the named executor cannot 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.

Letters C.T.A.: Cum Testamento Annexo (With the Will Annexed)

Issued when there is a valid will but the named executor cannot or will not serve. Common scenarios:

• The named executor predeceased the testator
• The named executor renounces (files a formal renunciation with the Register)
• The named executor is disqualified under 20 Pa.C.S. § 3156 (for example, a person under 18, or a person charged with homicide or voluntary manslaughter in connection with the decedent's death). Note that the Register's power to find a person "unfit" under § 3156(3) does not reach an executor designated by name or description in the will: that ground applies to everyone else. Removing a named executor for unfitness is the Orphans' Court's job under § 3182
• The will names no executor at all
• The will names a sole executor who is a minor

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): (1) the residuary beneficiaries under the will, (2) the surviving spouse, (3) those entitled under the intestate law (with preference to larger shares), (4) the principal creditors, and (5) other fit persons.

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.

Letters D.B.N.: De Bonis Non (Of Goods Not Administered)

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 executor or administrator dies during administration
• The personal representative resigns (with court approval)
• The Orphans' Court removes the personal representative for cause (20 Pa.C.S. § 3182)
• The personal representative becomes incapacitated

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?

Letters D.B.N.C.T.A.: De Bonis Non Cum Testamento Annexo

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.

Letters Pendente Lite (During Litigation)

Issued when there is an active dispute that prevents the normal grant of letters. Typically, a will contest, caveat, or appeal from probate. By statute the Register may grant letters pendente lite (20 Pa.C.S. § 3160). A caveat by itself does not take that power away. On a caveat or other dispute the Register may certify the entire record to the Orphans' Court, and the court may direct him to certify it on the petition of any party in interest (20 Pa.C.S. § 907). After the proceedings have been removed to the court, the Register may not grant letters pendente lite except by leave of court, so at that point it is the court that appoints a temporary administrator to preserve estate assets while the dispute is resolved.

The pendente lite administrator has limited powers:

• Collect, preserve, and protect estate assets
• Pay necessary expenses (utilities, insurance, property taxes) to prevent waste
• Maintain real estate and personal property
• May not distribute assets, sell real estate (absent specific court order), or take actions that would prejudice either side's position in the underlying dispute

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.

Letters Durante Absentia (During Absence)

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.

Letters Durante Minoritate (During Minority)

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.

Practical Considerations for All Special Letters

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 are facing any of these situations, an executor who died mid-probate, a will contest that is 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.

Forms & Procedure at the Bucks County ROW

All types of special letters are requested using the same Petition for Grant of Letters (Form RW-02). Section A covers Probate and Grant of Letters Testamentary; Section B covers the Grant of Letters of Administration and prompts the petitioner to enter the applicable special type: c.t.a., d.b.n.c.t.a., pendente lite, durante absentia, or durante minoritate. If the named executor has renounced, attach the Renunciation (Form RW-06). 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, these situations rarely fit neatly into the standard form, and counsel often must include language tailored to the circumstances and confirm the current practice with the Register of Wills.

Key procedural points for special letters at the Bucks County ROW:

• If those entitled to letters fail to agree on who should serve, the dispute is resolved through citation practice before the Register, with priority determined under 20 Pa.C.S. § 3155(b)
• An executor who renounces has no right to nominate the administrator c.t.a. The nomination preference on renunciation under 20 Pa.C.S. § 3155(b)(6) runs only to those entitled to letters of administration under § 3155(b), not to a named executor (Tigue Estate, 926 A.2d 453 (Pa. Super. 2007)). Renunciation in favor of a disinterested third party may be a reasonable alternative to a family disagreement
• If the named executor neither petitions for letters nor renounces, a party under § 3155 may file a Petition for Citation directed to those with equal or greater priority to show cause why the petitioner should not be appointed
• The filing fee is the same graduated fee as for original letters: graduated according to the gross value of probate assets per the Register of Wills fee schedule
• Every filing must include a Certification of Compliance per Administrative Order No. 88

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.