Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Locating the Original Will
When a person dies in Pennsylvania, the original will may be in the decedent’s home, safe deposit box, attorney’s office, or with a trusted individual. If you believe you hold the original, you must locate it promptly. Under 20 Pa.C.S. § 3102(b), anyone in possession of the original will at death must file or present it to the Register of Wills.
2. Obtaining a Filed Copy from the Register of Wills
If the original will is already on record, you can obtain a certified copy. Visit the Register of Wills in the county where the decedent was domiciled. Submit a written request, pay the fee, and your office will issue a certified copy of the filed will. See 20 Pa.C.S. § 3102(c) for details: 20 Pa.C.S. § 3102.
3. Submitting the Will for Probate
To begin probate, you file an application for Letters Testamentary (if you are named executor) or Letters of Administration with Will Annexed (if no executor exists). Attach the original will or the certified copy from the Register of Wills. Include:
- Application form (available at the Register of Wills office)
- Original or certified filed copy of the will
- Death certificate
- Filing fee
4. Dealing with a Lost or Destroyed Original Will
If you cannot locate the original will, you may file a petition to prove a lost or destroyed will under 20 Pa.C.S. § 3331. You must present a clear, legible copy and provide testimony or affidavits from witnesses to prove its terms. For more information, see 20 Pa.C.S. § 3331.
Helpful Hints
- Act quickly. Pennsylvania law requires timely filing or presentation of the will.
- Verify domicile. File with the Register of Wills in the county where the decedent lived at death.
- Gather all paperwork. Include a certified death certificate and any bond required by the Register.
- Obtain certified copies. Certified filed copies carry the same legal weight as originals.
- Prepare witness testimony. If the original is missing, detail how the copy accurately reflects the decedent’s wishes.
- Consult court staff. The Register of Wills office can guide you through local forms and fees.