Removal of Executors & Trustees

Pennsylvania law (20 Pa.C.S. §§ 3182-3183) provides grounds and procedure for removal of a personal representative. Section 3182 sets the grounds for removal. Section 3183 governs the procedure for and effect of removal. The power to remove is vested exclusively in the Orphans' Court, with the only exception being the limited powers granted to the Register of Wills under 20 Pa.C.S. § 3181.

Process

A petition for removal upon consent is filed with the Clerk of the Orphans' Court when a personal representative wishes to resign before completing administration. Otherwise, the petition must be filed with a preliminary decree awarding a citation (or a rule to show cause if jurisdiction has already been obtained). All citations require Proof of Service, the certificate of service must contain the same information as a sheriff's return in an action of assumpsit (20 Pa.C.S. § 766).

The Court's decree removing the personal representative will require an accounting, unless all interested parties consent to removal without an accounting. The decree may authorize the Register to issue letters d.b.n. (de bonis non) to the person entitled, upon proper application.

Filing Checklist for a Revocation of Letters Petition

Trustee Removal & Vacancies

Trustees are usually appointed by the governing instrument. A vacancy need not be filled at all if one or more cotrustees remain in office and the terms of the trust do not require that it be filled, but a vacancy must be filled if the trust has no remaining trustee (20 Pa.C.S. § 7764(b)). For a noncharitable trust, 20 Pa.C.S. § 7764(c) sets the order of priority: first the successor designated in or under the terms of the trust, then a person appointed by unanimous written agreement of the qualified beneficiaries, then a person appointed by the court. A charitable trust follows the same order, except that the Office of Attorney General must concur in a selection made by the qualified beneficiaries (20 Pa.C.S. § 7764(d)). A petition for the appointment of a trustee may be filed under Pa.O.C. Rule 5.7, and an appointment already made under the instrument or by unanimous agreement of the qualified beneficiaries may be confirmed under Pa.O.C. Rule 5.15. A corporate fiduciary is typically required to file with the Clerk of the Orphans' Court a currently effective certificate evidencing its authority to exercise fiduciary powers; Bucks County charges a separate fee for this filing (Certification of Authorized to Act as Corporate Fiduciary, Bucks O.C. Fee Schedule). Confirm the current local rule and exact certificate requirements with the Clerk before filing. The provisions for removal and discharge of trustees are similar to those for personal representatives (20 Pa.C.S. § 7766).

After confirmation of the final account and distribution to the parties entitled, the Court may discharge the personal representative and the surety, or the surety alone, from future liability on a petition under Pa.O.C. Rule 5.8. Petitions for discharge are seldom filed because the adjudication itself typically protects the personal representative from further liability. In large or disputed cases, the surety may insist on an express discharge (20 Pa.C.S. § 3184, Pa.O.C. Rule 5.8, Bucks O.C. Rule 5.8A).

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