Detailed Answer
If you live outside Pennsylvania but need to submit the original will of a deceased person to a Pennsylvania probate office, follow clear, safe steps to protect the original document and to make sure the will is accepted for probate in the correct county. The Register of Wills in the county where the decedent was domiciled (or owned real estate) handles probate filings in Pennsylvania. For general statewide guidance on probate and wills, see the Pennsylvania Courts probate overview: https://www.pacourts.us/learn/for-the-public/estate-and-probate/probate-wills-and-estates. For the statutory framework on wills and estates, consult Title 20 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.
Which office should receive the original will?
File the original will with the Register of Wills in the county where the decedent was domiciled at death (their legal residence). If the decedent owned real estate in a different Pennsylvania county, that county may also have an interest. If you are unsure which county to use, contact the Register of Wills directory for county contact information: https://www.pacourts.us/courts/county-courts/find-a-court/register-of-wills.
Practical steps to submit the original will from out of state
- Confirm the correct county and office. Call the county Register of Wills before you act. Ask about their preferred filing process, local forms, fees, and whether they accept mailed filings or require an in-person appearance.
- Gather required documents. Typically you will need:
- The original will (do not send an uncertified copy in place of the original).
- A certified copy of the death certificate (many Registers require the certificate to open probate).
- A completed probate petition or the county’s intake form (some counties provide fillable forms online).
- A cover letter stating your relationship to the decedent and contact information.
- Decide who will file. If you cannot appear in person, you have options:
- Mail the original will and filing packet to the Register of Wills by a secure, trackable method (see next item).
- Hire a Pennsylvania probate attorney to file in person on your behalf. An attorney can also handle follow-up tasks like obtaining Letters Testamentary.
- Ask a trusted in-state person to deliver the original in person, if the county allows private delivery.
- Use a secure delivery method when mailing the original will. If you mail the original document, use an insured, trackable courier (for example, UPS Next Day, FedEx Priority Overnight, or USPS Registered Mail with return receipt). Keep copies and proof of mailing. Request signature upon delivery and, if available, a return receipt showing the Register accepted the package.
- Include clear instructions and contact details. Put a cover letter and a local or out-of-state phone number and email on the package. Include the name and birth/death information of the decedent and a short note asking staff to open probate or advise next steps.
- Ask about witness proof if the will is not self-proved. Some wills are “self-proved” (signed with a self-proving affidavit or notarized attestation) so the Register can open probate without further testimony. If the will lacks such proof, the Register may require testimony from attesting witnesses or affidavits to prove valid execution. Ask the Register what they need if witnesses live out of state.
- Follow up and obtain confirmation. After filing, request written confirmation that the Register received the original will and that the probate process has been opened (or that the document is being held). Keep that confirmation with your records.
If the named executor lives out of state
An out‑of‑state personal representative (executor) may still be appointed in Pennsylvania. Local rules vary about whether a nonresident fiduciary must post bond or appoint a resident agent. Ask the Register of Wills in the county for local practice and bond requirements.
If the original will cannot be located
If the original will is lost or destroyed, Pennsylvania law provides procedures to seek probate of a lost will under certain circumstances. That process can be more complex and often requires affidavits or testimony proving the contents and proper execution of the will. If you have a copy but not the original, contact the Register of Wills immediately for instructions.
Typical timeline and fees
Each county sets its own filing fees and processing times. After you file, the Register will open an estate file and may issue Letters Testamentary or notify interested parties. Expect initial intake and filing to take days to a few weeks depending on county workload and whether additional proof is needed.
Key Pennsylvania resources:
- Pennsylvania Courts – Probate, Wills and Estates: https://www.pacourts.us/learn/for-the-public/estate-and-probate/probate-wills-and-estates
- Register of Wills county directory: https://www.pacourts.us/courts/county-courts/find-a-court/register-of-wills
- Pennsylvania Consolidated Statutes (Title 20 – Decedents, Estates, and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
When to consider hiring a Pennsylvania attorney
If the decedent’s estate is large or complex, if the will’s validity is likely to be contested, if the original will is missing, or if you prefer a professional to handle local filings and personal representation issues, consider retaining a Pennsylvania probate attorney. An attorney can file on your behalf, advise about bonds and witness proof, and represent you in Orphans’ Court matters if needed.
Helpful Hints
- Before mailing, make a high-quality color scan or photograph of the original will so you have a dated copy for your records.
- Use insured, trackable, signature-required delivery when shipping the original will to Pennsylvania.
- Call the Register of Wills first. County offices have different forms, fees, and procedures; asking saves time and risk.
- Include a certified copy of the death certificate with your filing packet; many offices will not open probate without it.
- If the will is not notarized or self-proved, identify and contact attesting witnesses early. If witnesses live out of state, confirm acceptable affidavit formats with the Register of Wills.
- Keep originals of correspondence, receipts, and delivery confirmations in a secure place.
- If you hire an attorney, ask whether they will accept original documents for filing or whether the office requires the original to be mailed directly to the Register.
Disclaimer: This article explains general Pennsylvania procedures and is for educational purposes only. It is not legal advice. Laws and local practices vary. If you need legal advice for a specific situation, consult a licensed Pennsylvania attorney or contact the county Register of Wills where probate will be filed.