Disclaimer: This article provides general information about Pennsylvania probate law. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Pennsylvania, probate proceedings (often called decedent’s estates) open in the Orphans’ Court division of the Court of Common Pleas in the county where the decedent resided at death. To determine whether someone has already filed for probate, follow these steps:
- Search the Orphans’ Court Docket Online. Visit the Pennsylvania Unified Judicial System’s case search at https://ujsportal.pacourts.us/DocketSheets. Select “Orphans’ Court,” enter the decedent’s full name, and review any petitions for appointment of a personal representative. (See 20 Pa.C.S. Chapter 31.)
- Contact the Register of Wills. Each county’s Register of Wills maintains probate records. Provide the decedent’s full name and date of death to the office by phone, email, or in person. A small fee may apply.
- Review Court Records In Person. Go to the county courthouse and ask the Orphans’ Court clerk to search probate filings. You may view petitions, inventories, and letters of administration.
- Check Local Legal Notices. Petitioners must publish a notice in a newspaper of general circulation within 10 days of filing (20 Pa.C.S. § 3131). Search online newspaper archives or visit public libraries to review legal notice sections.
If these efforts show no probate record, the estate has likely not been opened. Under 20 Pa.C.S. § 3122, an interested party may file a petition to open an estate and appoint a personal representative.
Helpful Hints
- Gather accurate details: full name, date of death, and last residence.
- Use multiple resources: online dockets, newspaper archives, and county offices.
- Expect small fees for searches or certified copies.
- Note filing dates and case numbers for future reference.
- If you hit a dead end, consider enlisting a probate attorney or title search service.