Locating and Verifying Original Wills and Codicils in Pennsylvania
Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Locating and verifying an original will or codicil ensures the testator’s final wishes guide the probate process. In Pennsylvania, follow these key steps:
- Search personal records: Begin with the decedent’s files. Check home safes, safe-deposit boxes, desk drawers, and document folders.
- Contact the drafting attorney: Many testators entrust their original wills to their drafting law firm. Request whether the firm holds the original will or codicil and obtain a copy.
- Review safe-deposit boxes: Under the Pennsylvania Uniform Unclaimed Safe Deposit Box Access for Fiduciaries Act, fiduciaries may access a safe-deposit box by presenting a death certificate and letters testamentary to the bank.
- Check with family members: Close relatives or named executors often know where estate planning documents are stored. Verify whether they possess the original will or codicil.
- File a lost-will affidavit: If the original cannot be found, file a signed affidavit explaining the loss or destruction. Pennsylvania permits submitting a copy of the will with such an affidavit under 20 Pa.C.S. § 3132.
- Submit to the Register of Wills: Once located, deliver the original will or codicil to the Register of Wills or Prothonotary in the decedent’s county immediately after death, as required by 20 Pa.C.S. § 3131.
- Verify authenticity: Look for a self-proving affidavit signed before a notary and two witnesses. This affidavit satisfies the requirements of 20 Pa.C.S. § 3104 and expedites probate by eliminating live witness testimony.
Helpful Hints
- Document all searches and contacts to demonstrate due diligence.
- Obtain certified copies of any self-proving affidavit attached to the will.
- Contact the clerk’s office for local filing procedures and fees.
- Maintain security and confidentiality when handling originals.
- Consider digital storage for future documents while preserving certified paper originals.