Detailed Answer
Overview: If you believe probate filings in your father’s estate are missing or contain errors, Pennsylvania law gives interested persons several ways to review the probate record and to ask the court to correct or compel proper filings. The process typically involves (1) obtaining the probate file and related documents from the Register of Wills/Orphans’ Court, (2) identifying the specific errors or omissions, and (3) using the court’s procedures to request correction, accounting, or other relief.
1. Get the probate file and key documents
Start by obtaining a copy of the estate’s public record from the county Register of Wills and the Orphans’ Court clerk. Typical documents to request or review include:
- Petition for grant of letters (testamentary or of administration)
- Granted letters (appointment of executor or administrator)
- Filed will(s) and proof of wills
- Inventory and appraisement (if filed)
- Accountings and distributions
- Court orders, exceptions, and petitions
Most counties keep a public docket you can inspect in person. Many counties also provide online access or will provide certified copies for a small fee. The statewide statutes that govern decedent estates are in Title 20 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
2. What to look for when reviewing filings
Compare what is in the court file with what you know about the estate. Common issues include:
- Missing will or a later will not filed
- Executor/administrator appointment omitted or wrong person appointed
- Assets not listed in the inventory or values that look incorrect
- Required accountings have not been filed
- Distributions made without court approval or contrary to the will
- Clerical errors in names, dates, or property descriptions
3. Options to correct or challenge filings
Once you identify the problem, Pennsylvania procedure generally provides several remedies depending on the issue:
- Request production or certified copies: Ask the Register of Wills or Orphans’ Court clerk for certified copies of missing documents or the full case file.
- File exceptions or objections: If you object to the probate of a will or to actions by a personal representative, you can file exceptions or objections in the Orphans’ Court asking the judge to review and act. Exceptions formally raise issues with filed pleadings or accountings.
- Petition for citation or for an accounting: If the executor/administrator has not filed required accountings or inventory, you may petition the court to order the fiduciary to file an inventory or a formal accounting.
- Petition to strike or rescind actions: If distributions were improper, you can petition to set aside or rescind those distributions and seek an order requiring restoration to the estate.
- Petition to revoke or remove letters: If the personal representative is not performing duties or is breaching fiduciary duties, ask the court to revoke or remove the appointment and appoint a successor.
- Motion to correct clerical errors or to amend records: For simple clerical mistakes (misspelled names, wrong dates), courts frequently allow amendments or correction orders.
The specific procedure and the name of the pleading may vary by county and by the relief requested. County Orphans’ Court rules and local practice govern timing and filing form. See Orphans’ Court pages on the Pennsylvania Courts site for general procedural guidance: https://www.pacourts.us/courts/courts-of-common-pleas/orphans-court
4. Evidence and what the court will ask for
When you file a petition or exception, provide clear evidence supporting your request. Useful documents include the death certificate, original will or a copy, bank records, deeds, appraisals, correspondence with the personal representative, and any prior accountings. The court will consider whether the fiduciary complied with statutory duties and local rules, and whether corrective relief is appropriate.
5. Practical steps and best order of actions
- Document your concerns in writing and list the missing or incorrect items.
- Request the probate file and any inventories or accountings from the Register of Wills.
- If documents are missing or the fiduciary is unresponsive, file a formal petition in Orphans’ Court asking the judge to compel production or to require the filing you need.
- Prepare to serve the petition on relevant parties and attend any scheduled hearings.
- If the issue is complex (e.g., will contest, fraud, large asset mismanagement), strongly consider hiring an attorney experienced in Pennsylvania probate/orphans’ court practice.
6. Timing, deadlines, and local rules
Time limits often apply to will contests, exceptions, and other challenges. Local Orphans’ Court rules set deadlines, service requirements, and form requirements. Because deadlines and remedies can vary, check the county court’s rules and act promptly once you discover a problem. See Title 20 for the statutory framework: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
7. When to consult an attorney
Contact an attorney if you face any of the following: suspected fraud or theft, large or complicated estates, disputes between beneficiaries, or if you need to file exceptions that could result in litigation. An attorney can draft pleadings, meet local procedural requirements, and represent you in court.
Important: This article explains general Pennsylvania procedures and points you to the statutory framework. Individual counties may use slightly different forms and practices, so confirm local Orphans’ Court rules.
Disclaimer: This is general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Pennsylvania.
Helpful Hints
- Start with the Register of Wills: their office holds the probate docket and can provide certified copies of filed documents.
- Make a checklist of every document you expect to see (will, letters, inventory, accountings) and mark what’s missing.
- Keep copies of all communications with the personal representative and the Register of Wills.
- Ask the court clerk which local form to use — many counties have a standard petition for compelling an accounting or for correction.
- If you suspect asset concealment, secure bank statements, property records, and transfer history early; these records can be harder to obtain later.
- Act promptly. Some objections and challenges have strict deadlines under the statutes and local court rules.
- If the estate is in another county, you generally must file challenges in the Orphans’ Court of the county where the estate is being administered.
- Consider a short consultation with a probate attorney to review your documents and recommend specific pleadings — many attorneys offer limited-scope consultations.