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In re Estate of Schwartz

Pennsylvania Superior Court

May 5, 2022

The Pennsylvania Superior Court affirmed the order that refused to appoint Appellant as an administrator of Decedent’s estate. Decedent passed away intestate, and the only potential heir disclaimed and renounced his interest in the estate. Appellant, a party adverse to the estate in pending litigation as a principal creditor at the time of Decedent’s death, per 20 Pa.C.S. § 3155(b)(4), filed a Petition to the Register of Wills for Appointment of a Personal Representative. Eight days later, Appellant filed an Amended Petition. The Register of Wills denied the Amended Petition. Appellant appealed the decision to the orphans’ court, which affirmed, and the Superior Court subsequently affirmed. The Court determined that the orphans’ court did not err in finding that a disinterested personal representative would better administer the estate.

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