Can I force my sibling to give me a copy of our parents’ estate plan in Pennsylvania?

Short answer: It depends on whether your parents are alive or deceased, and on whether you have a legal relationship (for example, power of attorney or guardianship) or credible concerns about abuse or incapacity. If your parents are deceased, probate rules make wills public after they are filed. If your parents are alive, you generally cannot force a sibling to share private estate-planning documents unless a court orders disclosure for a specific legal reason. This article explains the common scenarios under Pennsylvania law and practical next steps.

Disclaimer

This article is for information only and is not legal advice. For advice about your specific situation, consult a licensed Pennsylvania attorney.

Detailed answer — what Pennsylvania law generally allows and what you can do

1) If your parents are alive

Estate plans created while someone is alive (wills, trusts, powers of attorney, health-care directives) are usually private documents. The document owners (your parents) can share them or keep them private. Neither you nor a sibling automatically has a legal right to inspect those documents just because you are a relative.

Common options if your parents are alive:

• Ask your parents directly: Request that they give you a copy or confirm the existence and location of documents. Encourage them to store originals with the attorney who drafted the documents, with the Register of Wills (for wills, sometimes attorneys will keep originals and file at the proper time), or in a secure place.
• Get written permission: If a parent signs a release giving you access, that solves the issue immediately.
• If a parent is incapacitated or you suspect undue influence/financial abuse: You can raise concerns with Adult Protective Services or your county’s aging services and consider filing for a protective order or guardianship to obtain control of decisions and records. In Pennsylvania, concerns about incapacity and the need for guardianship are handled through the courts; the relevant statutes are in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates, and Fiduciaries). See Title 20: 20 Pa.C.S. (Decedents, Estates, and Fiduciaries).

Important note: If your parents are competent adults, a court will not normally force them to reveal private estate planning documents or force a family member to hand over a copy unless a particular legal basis exists (e.g., a discovery order in a guardianship or other court proceeding).

2) If one or both parents have died

When a person dies in Pennsylvania, their last will (if one exists and is presented for probate) becomes part of the public court file after it is filed with the Register of Wills and/or the Orphans’ Court. Once a will is admitted to probate, anyone can usually obtain a copy from the Register of Wills or the court file.

Practical steps after a death:

• Check public records: Contact the Register of Wills in the county where your parent lived or check the Orphans’ Court docket. Many Register of Wills offices can confirm whether a probate estate has been opened and provide copies of filed wills. See Pennsylvania Courts’ general probate information: Pennsylvania Courts — Probate.
• If the sibling refuses to deliver an original will: Even if a person (including a sibling) refuses to hand over an original will, someone with knowledge can file a copy or petition the Register of Wills to open probate. A person in possession of a will who fails to turn it over when required may face court orders compelling production. If you believe the sibling intentionally concealed or destroyed a will, you can bring the issue to the Orphans’ Court (the probate court) and request that the court compel production or allow proof of the will by other means.

3) Court remedies and when to engage an attorney

If informal requests fail, and you have a legal reason to obtain the documents, the usual remedy is a court filing:

• Probate petition: If a parent has died and the will has not been presented, you can petition the Register of Wills or Orphans’ Court to open probate and to have the will admitted. The court can order the person holding the will to produce it.
• Discovery/compel production: If a court case exists (for example, a guardianship, probate dispute, or other civil action), you may be able to use discovery procedures or a motion to compel production of relevant documents.
• Guardianship or protective proceedings: If a parent is alive but incapacitated and you have a good-faith belief that a sibling is hiding documents to cause harm, a guardianship or other protective proceeding can give the court authority to order production.

Because the correct procedure depends heavily on which facts apply (alive vs. deceased, competency, the type of document, and the county where the parents live), consult a Pennsylvania estates or probate attorney before filing court petitions. For general statutory guidance on estates and fiduciaries in Pennsylvania, see Title 20: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

What you can reasonably do now — a practical step-by-step plan

1. Talk to your parents (if alive): Ask them to confirm the existence and location of their estate plan and to provide written permission for you to receive copies if they want you to have them.
2. Put requests in writing to your sibling: Send a polite, dated written request (letter or email) asking for a copy and explaining why you need it. Keep copies of all communications.
3. If a parent died: Contact the county Register of Wills to ask whether a probate estate has been opened and whether a will has been filed. Many Register of Wills offices provide copies for a small fee.
4. Collect evidence: Save emails, texts, certified-mail receipts, and notes of phone calls. If you believe your sibling is hiding or destroying documents, these records will help an attorney or the court.
5. Report suspected abuse or incapacity: If you suspect financial exploitation or that a parent is incapacitated, contact Adult Protective Services (Pennsylvania Department of Human Services) or local elder services: PA DHS — Adult Protective Services.
6. Consult an attorney: If informal steps fail or if the situation involves a death, incapacity, or suspected wrongdoing, speak with a Pennsylvania attorney experienced in estates or probate law. An attorney can advise whether to file a probate petition, a petition to compel production, or a guardianship/protective proceeding.

Helpful Hints

• Do not threaten or use force. Legal remedies, not personal confrontation, are the correct path.
• Keep all requests civil and document them. Courts favor parties who preserve a clear record of attempts to resolve disputes without litigation.
• If parents are competent, respect their privacy choices unless there is evidence of abuse or incapacity.
• Locate the Register of Wills for the county where your parent lived — that office handles probate and can confirm whether a will has been filed.
• If you need immediate protection for an elderly parent, contact local adult protective services or elder abuse hotlines before pursuing court action.
• Remember that living trusts can remain private; a sibling may lawfully refuse to produce trust documents unless a court orders disclosure or the trust terms require sharing.

If you want, share a short, anonymized summary of the relevant facts (are your parents alive or deceased? Are you concerned about incapacity or abuse? Did your written request specify particular documents?), and I can outline likely legal paths under Pennsylvania law and what to expect from the probate or guardianship process.