Detailed answer: Applying for probate appointment and taking the oath in Pennsylvania
This FAQ-style guide explains the common documents and steps needed when someone applies for a probate appointment (letters of administration or letters testamentary) and takes the fiduciary oath in Pennsylvania. This is a general guide only — rules and required forms can vary by county. This is not legal advice.
Which type of appointment are you seeking?
There are two common paths:
- Letters testamentary — when the decedent left a valid will and named an executor.
- Letters of administration — when there is no will, or the named executor is unable or unwilling to serve; the court appoints an administrator.
Where you file
File your application at the Register of Wills (or the appropriate office of the county where the decedent lived) and, if required, in the Orphans’ Court. Pennsylvania probate and fiduciary statutes are found in Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Title 20). County rules and required forms vary; contact the county Register of Wills for local requirements.
Core documents commonly required
Most Pennsylvania counties will expect the applicant (the proposed executor or administrator) to bring the following items when seeking probate appointment and taking the oath. Treat this as a checklist to confirm with the county Register of Wills first.
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Original will (if any)
Bring the original signed will and any codicils. The Register typically needs the original to file and record. If the original is lost, you will need to explain how it was lost and prepare an affidavit or petition about the lost will — the county will direct you on required proof.
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Certified death certificate
Bring an official certified copy of the decedent’s death certificate. Many counties require a certified copy rather than a photocopy.
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Application / petition for grant (probate) or letters
Each county uses specific forms or a standard petition to request issuance of letters testamentary or letters of administration. The form asks for basic estate information (decedent’s name, date/place of death, heirs, beneficiaries, estimated estate value, and the proposed fiduciary’s contact information).
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Fiduciary oath or acceptance
The proposed fiduciary must sign the required oath (and sometimes an acceptance form). The oath may be sworn and filed at the Register’s office or administered by a notary. The Register will provide the correct wording and form.
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Bond (if required)
The court or Register may require a surety bond for the fiduciary. Bond requirements depend on whether the will dispenses with bond, the size of the estate, and creditor concerns. If a bond is required, submit the original bond form and evidence of the surety company and premium payment.
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Renunciations, consents, or waivers
If someone entitled to serve (co-executor or an intestate heir) renounces or consents, obtain a signed renunciation or consent document. These help avoid contests over appointment.
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Identification and contact information
Bring valid photo ID for the proposed fiduciary and current address/contact information for the fiduciary and for beneficiaries/heirs listed in the petition.
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List of known heirs/beneficiaries and contact details
Provide a list of next-of-kin and beneficiaries, with addresses. The Register or Orphans’ Court will use this information for notices and to determine who must be served or given opportunity to object.
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Small estate affidavits (if applicable)
If the estate qualifies as a small estate under Pennsylvania law, alternative simplified procedures or small estate affidavits may apply. Check county thresholds and forms.
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Filing fees
Bring the appropriate filing fee and/or fee check. Fees vary by county and by type of filing. Some counties accept only checks or money orders.
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Other supporting documents
Examples: copy of decedent’s will-related documents (trusts, deeds), final income tax information if requested, and any prior court orders or foreign personal representative letters if the decedent had property in another jurisdiction.
Typical sequence of events
- Locate the original will and obtain a certified death certificate.
- Contact the county Register of Wills for the packet of probate/administration forms and fee schedule.
- Prepare and file the petition/application and accompanying documents at the Register’s office.
- Sign the fiduciary oath and, if required, secure a bond or file a waiver of bond.
- The Register reviews the papers, issues letters (letters testamentary or letters of administration), and may schedule a hearing if there is a contest or a problem.
- After issuance of letters, the fiduciary has legal authority to collect assets, pay bills, and administer the estate under Pennsylvania law.
Statutes and rules to consult
Key governing law appears in Pennsylvania’s Decedents, Estates and Fiduciaries statutes (Title 20). For statutory rules and detailed provisions, see: 20 Pa.C.S. (Title 20) — Decedents, Estates and Fiduciaries. For county-level procedures and forms, go to your county Register of Wills or the Pennsylvania Courts’ Orphans’ Court pages: Pennsylvania Orphans’ Court information.
Common complications and how to handle them
- Original will not found: File a petition explaining loss and provide affidavits about prior possession and content; county may require additional proof.
- Multiple wills or disputed will validity: Expect an Orphans’ Court hearing; consult an attorney early.
- Bond disputes or large estate values: Obtain surety company quotes and discuss bond amount with the Register or an attorney.
- Out-of-state records or foreign personal representative: Bring certified copies and certified translations if needed; you may need ancillary probate in the other jurisdiction.
Practical checklist before you go
- Confirm county filing requirements and hours for the Register of Wills.
- Gather original will and certified death certificate.
- Prepare the petition and any renunciations/consents and bring signed IDs for fiduciary.
- Have funds ready for filing fees and potential bond premiums.
- If uncertain, call the Register’s office to confirm exactly which forms they need.
When to get legal help
If a will is contested, there are competing claims to appointment, missing original documents, complex assets (business interests, out-of-state property), or potential personal liability issues for the fiduciary, consider speaking with an attorney who practices estates and probate in Pennsylvania. An attorney can help prepare filings, handle court hearings, and advise on bond and fiduciary duties.
Helpful Hints
- Call the county Register of Wills before your visit to confirm forms, fees, and whether an appointment is required.
- Bring the original will and several certified copies of the death certificate — counties often require a certified copy to keep in the file and others for banks and title companies.
- If the will names an executor who cannot serve, secure written renunciations from that person to speed appointment of an alternate fiduciary.
- Ask whether the county accepts electronic filings or requires in-person filing for the oath.
- Keep organized copies of everything you submit and record the filing receipt number or case number the Register provides.
- If a bond is needed, obtain quotes from multiple surety companies; sometimes the will waives bond but the court can still require it in certain circumstances.
- Expect to provide beneficiary/heir contact information — the Register may require notices or the court may order service.