Detailed Answer — How long does it usually take to admit an out-of-state will in Pennsylvania probate?
Short answer: If the out-of-state will is valid where it was signed and uncontested, routine admission in Pennsylvania commonly takes a few weeks to a few months. If there are missing witnesses, contests, or complex assets, the process can take many months or longer.
What “admitting an out-of-state will” means in Pennsylvania
Admitting (probating) an out-of-state will in Pennsylvania means the county Register of Wills or the Orphans’ Court recognizes the will and allows the estate administration to begin in Pennsylvania. Pennsylvania generally permits admission of a will executed in another state if it was valid under the law of the place where it was signed.
Typical steps and typical timeframes
- Gather documents (days to 2 weeks): Locate the original will, certified death certificate, and any affidavits of execution or witness statements. If you must request the original from another state, that adds time.
- File with the Register of Wills (same day to a few days): File the original will and a petition for probate in the county where the decedent was domiciled at death. Most counties accept filings in person or by mail; check local requirements.
- Initial administrative processing (2–8 weeks): The Register’s office reviews the paperwork, prepares notices, and issues an order admitting the will if everything is in order and there are no objections. Some counties move faster; others take longer during busy periods.
- Notice period and creditor claims (30 days to 6 months): Pennsylvania procedure requires notice to heirs and often provides a window for creditors to file claims. Creditor-claim periods can keep final administration open for months. This does not always block initial admission, but it affects final distribution timing.
- Contested filings or missing witnesses (months to years): If someone objects to the will’s validity, or if subscribing witnesses cannot be located and the Register requires testimony, the matter may be referred to the Orphans’ Court for hearings—this substantially extends the timeline.
Common timelines by scenario
- Clean, uncontested out-of-state will with original present: Often admitted in 2–8 weeks.
- Out-of-state will where witnesses must be located or affidavits produced: 1–3 months or longer, depending on ability to obtain affidavits or depositions.
- Contested will or missing original requiring foreign exemplification: Several months to multiple years if litigation proceeds.
Key legal points (where to look in law)
Pennsylvania permits admission of wills that were validly executed under the law of the place where they were signed. For statutes and detailed local rules, see Pennsylvania’s Decedents, Estates and Fiduciaries statutes (Title 20) and your county’s Register of Wills guidance. Pennsylvania consolidated statutes are available at the Pennsylvania General Assembly site: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).
Practical example (hypothetical)
Hypothetical: A person who lived in Philadelphia dies leaving an original will signed in another state. The named executor files the original will and death certificate with the Philadelphia Register of Wills. The Register reviews the papers and issues an order admitting the will about three weeks later because witnesses provided written affidavits that the will was properly executed. Creditors have statutory windows to present claims, but initial probate allowing the executor to act was completed in under a month.
Helpful Hints
- Bring the original will whenever possible. Photocopies usually aren’t enough.
- Obtain a certified death certificate before filing. Most registry offices require it.
- Get affidavits from the witnesses who saw the will signed. Affidavits speed admission when witnesses live out-of-state.
- Contact the county Register of Wills where the decedent lived for county-specific forms and local timelines; offices vary in processing speed.
- Expect and plan for a creditor notice period. Even if the will is admitted quickly, distributions often wait until creditor windows close or claims are resolved.
- If someone may contest the will, consider consulting a Pennsylvania probate attorney early. Contested matters can become complex and extend the timetable significantly.
- Do not distribute estate assets until you have legal authority (letters testamentary or letters of administration) from the Register/Orphans’ Court; distributing too soon can create personal liability.
- When the original will is in another state and cannot be produced, an exemplified copy or a certified copy with proof of validity from that state may be required—expect extra time to obtain certified documents.
Where to find official resources: Start at the Pennsylvania General Assembly statutes for Title 20: https://www.legis.state.pa.us/. Then check your county Register of Wills or Orphans’ Court pages for local filing procedures and forms.
Disclaimer: This article explains general information about Pennsylvania probate and is not legal advice. Laws change and each case turns on its facts. For advice about a specific situation, consult a licensed Pennsylvania probate attorney or the county Register of Wills.