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In re Estate of Fritz

Order granting letter of administration d.b.n.c.t.a. to one co-executor and denying letter of administration to another vacated; register abused her discretion in granting and denying letters of administration because letters testamentary are to be granted to executor(s) designated in will.

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� 1 This appeal stems from the order of the Orphans’ Court affirming the Register of Wills’ granting a letter of administration d.b.n.c.t.a. to Janet Michael and denying a letter of administration d.b.n.c.t.a. to George P. Fritz, Jr. Upon review, we vacate the order and remand for proceedings consistent with this memorandum.

� 2 The facts and procedural history are as follows: George Fritz died on February 27, 1996. The Register of Wills admitted his Last Will and Testament to probate in February, 1996. In the will, Joann Nell and Gerald Fritz were nominated to serve as Executors of the Decedent’s estate. The nominated Executors were qualified. Subsequently, they were appointed and served until their deaths, Joann Nell’s on April 12, 2000, and Gerald Fritz’s June 22, 2000. The Decedent’s Last Will and Testament nominated Janet Michael and George P. Fritz, Jr., as succeeding executors. On June 23, 2000, Janet Michael petitioned the Register of Wills to grant letters of administration d.b.n.c.t.a. to her. Within the petition, Janet Michael stated that George P. Fritz, Jr., was also named as an succeeding executor but should be disqualified from serving as such because he had filed claims adverse to the estate.

� 3 The Register of Wills granted letters of administration d.b.n.c.t.a. to Janet Michael on July 13, 2000. On August 2, 2000, George P. Fritz, Jr., petitioned the Register of Wills for a grant of letters testamentary. The Register of Wills denied said petition. Also on August 2, 2000, George P. Fritz, Jr., appealed the grant of letters of administration d.b.n.c.t.a. to Janet Michael and the denial of letters testamentary for George P. Fritz, Jr.

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