Detailed Answer
When someone dies in Pennsylvania, you must find out if they left a valid will or other estate planning documents. A valid will controls how their assets distribute. If you cannot find it, state law sets default rules for property transfer under intestacy.
1. Search the Register of Wills
Each Pennsylvania county has a Register of Wills office. The decedent’s last residence county’s office retains any filed wills or codicils. Contact or visit the office in person. Many counties offer an online index. You can request a certified copy if a will exists.
2. Review Pennsylvania’s Will Execution Statutes
To be valid, a will must meet requirements under 20 Pa.C.S. § 2502. It must be in writing, signed by the testator (or by someone in their presence and direction), and witnessed by two individuals. See the statute: 20 Pa.C.S. § 2502.
3. Check Personal Records and Safe-Deposit Boxes
People often store wills in desk drawers, home safes, or safe‐deposit boxes. If you have executor rights or court authorization, banks can grant access. Look for attorney correspondence or notary stamps on documents.
4. Contact the Decedent’s Attorney
If the decedent worked with an attorney for estate planning, that attorney may hold the will in safekeeping. Speak with the attorney’s office directly. They will verify whether a will or trust exists.
5. Search for Trusts and Powers of Attorney
Wills aren’t the only planning tool. Check for living trusts, advance health care directives, or durable powers of attorney. These documents may be with the same professionals or stored similarly to wills.
6. Review Mail and Email Records
Modern practices include electronic wills or notifications of estate plans. Review the decedent’s email for scanned copies or notarization services. Confirm authenticity by matching signatures and dates.
7. File a Small Estate Affidavit or Probate Petition
If you suspect no will exists, you can file a Petition for Letters of Administration in the Register of Wills office. If the estate qualifies as a small estate under 20 Pa.C.S. §§ 3101–3103, you may use an affidavit method to collect personal property without formal probate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Pennsylvania attorney to address your specific situation.
Helpful Hints
- Begin with the county where the decedent last lived. Each county’s Register of Wills operates independently.
- Gather identification and proof of relationship before visiting county offices or banks.
- Ask family members if they know of any attorneys the decedent used.
- Check alternative storage locations: digital cloud services, email, or safety deposit boxes.
- Keep detailed notes of whom you contact, dates, and any fees paid.
- If you find multiple wills, the most recent valid will controls under Pennsylvania law.
- Consider hiring a probate paralegal or filing service to simplify court procedures.