Heirs Who Had Renounced Right to Serve as Personal Representatives Were Not Indispensible Parties to Removal of Administrator

A failure to give notice to an indispensible party deprives a court of jurisdiction, but the other heirs of the estate were not indispensible parties to an action to remove an administrator of an estate because the other heirs had renounced their rights to serve as personal representatives, and so the failure to give them notice did not deprive the court of jurisdiction. In re: Estate of Dorothy A. Anderson, ___ A.3d ___, 2024 PA Super 117 (Pa. Super. 6/5/2024).

[DBE Comment: This opinion may muddle the difference between the power to remove a personal representative, which lies in the Orphans’ Court, and the power to appoint a successor personal representative, which lies with the Register of Wills.]

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