Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified Pennsylvania attorney for advice on your specific situation.
Detailed Answer
Discovering an original will decades after execution can feel overwhelming. Pennsylvania law does not bar you from probating a will solely because of a delay. However, you must satisfy the Orphans’ Court that the document is valid, that the decedent intended it to be their last will, and that it was properly executed.
1. Confirm You Have the Original Document
Pennsylvania requires the original will to probate. Photocopies will not suffice unless the original was lost or destroyed despite a diligent search. If the original is missing, you will need to bring a separate petition for a copy will under 20 Pa.C.S. § 3203.
2. File Your Petition in the Proper County
File a Petition for Probate with the Register of Wills in the county where the decedent last resided. If you lack proof of residence, file in the county of the decedent’s land holdings or where personal property is located.
3. Lodge the Will and Supporting Documents
Lodge the original will along with a Petition for Probate. Under 20 Pa.C.S. § 3201, the court clerk must record the will in the Will Book and docket it for proof.
4. Provide Notice to Interested Parties
Pennsylvania law requires notice to all heirs, legatees named in the will, and the decedent’s next of kin. The Register of Wills will provide instructions and deadlines for serving notices. Creditors must also receive notice within six months of the grant of Letters Testamentary under 20 Pa.C.S. § 3103.
5. Prove Due Execution
To validate the will’s execution, you must either:
- Present the original will with a self-proving affidavit signed by two witnesses at the time of execution; or
- Offer witness testimony or sworn affidavits from those witnesses to establish that the testator signed the will, and that two witnesses attested to the signature in the testator’s presence.
6. Attend the Orphans’ Court Hearing
The court will schedule a brief hearing to review your petition, evidence of due execution, and any objections raised. If the court admits the will, it issues Letters Testamentary to the personal representative named in the will.
Helpful Hints
- Locate proof of the decedent’s residence (utility bills, leases) to determine the correct county.
- Gather any correspondence or metadata (e.g., dates in carbon copy letters) to corroborate the will’s date.
- If witnesses are deceased, seek sworn affidavits from next-generation witnesses who can testify to family stories about the will’s execution.
- Ask the Register of Wills for a list of required forms and a sample notice template.
- Keep copies of all filings, certified mail receipts, and proof of service for your records.