FAQ: Lost or Destroyed Wills in Pennsylvania — What Happens and What to Do

Short answer: If a will is lost or destroyed in Pennsylvania, it may still be admitted to probate, but the circumstances matter. If the testator intentionally destroyed the will, that can amount to a valid revocation. If the will was lost or accidentally destroyed, Pennsylvania courts allow secondary evidence (copies and witness testimony) to prove the will’s contents and validity. You will usually need to file a petition in the Orphans’ Court (Probate) division and present proof that the will was validly executed and not revoked.

Detailed Answer — How Pennsylvania law treats lost or destroyed wills

Pennsylvania’s laws governing wills and probate are found in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries). See the statutes here: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

1. Two different situations: revocation by act vs. lost by accident

• Intentional destruction by the testator: If the decedent intentionally destroyed or cancelled the will (for example, tearing it up or burning it with the intent to revoke), Pennsylvania treats that as a revocation. Evidence of the testator’s intent to revoke matters more than the physical act alone. If effective revocation is proved, the will cannot be admitted.
• Lost or accidentally destroyed will: If the will cannot be located because it was misplaced, lost, or destroyed accidentally (for example by fire without intent to revoke), the disappearance does not automatically revoke the will. Instead, the court can admit the will to probate if the proponent proves the writing’s terms and the will’s proper execution and that the testator did not revoke it.

2. What proof does the court require?

Pennsylvania courts expect evidence that the will was validly executed and that it has not been revoked. Common forms of proof include:

• Testimony from the attesting witnesses who signed the will confirming the will’s execution and contents (Pennsylvania typically requires attesting witnesses for a properly executed will; locate and interview them whenever possible).
• A complete copy (typed or photocopy) of the lost or destroyed will. A copy can help reconstruct the testator’s intent and the will’s provisions.
• Evidence showing the testator’s lack of intent to revoke — for example, correspondence, emails, or testimony indicating the testator still intended the will’s terms at death.
• Evidence about possession: if the will was last known to be in the testator’s possession and then disappeared, some courts infer revocation, but that inference may be rebutted by strong counter-evidence (copies, witness testimony, or proof of loss).

3. Procedure to prove a lost or destroyed will

1. Search thoroughly: check the decedent’s home, safe-deposit boxes, attorney files, and safety storage.
2. Collect copies and witnesses: find any copies (paper, electronic) and locate the attesting witnesses who signed the will.
3. Contact the register of wills or the Orphans’ Court in the county where the decedent lived to learn local filing rules.
4. File a petition to admit the will to probate (often called a petition to establish a lost or destroyed will). The petition asks the court to admit the will despite the original document being missing and explains the evidence you will present.
5. Attend a hearing: the court will require testimony and documentary proof. If the court is satisfied the will was validly executed and not revoked, it may admit the will and appoint the executor named in it.

4. What if you can’t prove the lost will?

If you cannot prove the lost will, the estate will be distributed under Pennsylvania’s intestacy rules (Title 20), which distribute assets to relatives according to a statutory order. That result may conflict with the decedent’s wishes as previously expressed in the lost will.

Common scenarios and outcomes

• Scenario A — Found copy + attesting witnesses available: High chance of probate. The court can admit the copy with witness testimony confirming execution and lack of revocation.
• Scenario B — No copy, but attesting witnesses can describe content and confirm execution: Possible to admit, but harder. Courts require persuasive testimony reconstructing the will and proving no revocation.
• Scenario C — Will last seen in decedent’s possession and missing after death with no other proof: The court may presume revocation. The party seeking probate must overcome that presumption with strong evidence.
• Scenario D — Decedent destroyed the will and left clear evidence of intent to revoke: The will is revoked and cannot be admitted.

How Pennsylvania statutes and courts come into play

Pennsylvania’s probate statutes and Orphans’ Court procedures govern whether a lost or destroyed will can be admitted. See Title 20 of the Pennsylvania Consolidated Statutes for the statutory framework and consult the local county Orphans’ Court or Register of Wills for filing procedures and forms: 20 Pa.C.S. (Decedents, Estates and Fiduciaries) and the Pennsylvania court system homepage: Pennsylvania Unified Judicial System.

Helpful Hints

• Search everywhere immediately: safe-deposit boxes, attorneys’ files, home safes, digital copies, email attachments, cloud storage, and with close friends or family.
• Talk to the lawyer who prepared the will — they often keep a copy and can testify about execution.
• Locate and preserve testimony from attesting witnesses. Their statements are often decisive.
• Gather secondary evidence: photocopies, scanned versions, drafts, emails discussing the will’s terms, or recent estate-planning meetings.
• If you suspect the will was destroyed by the decedent as a revocation, gather any evidence of the decedent’s intent (letters, notes, witnesses).
• File promptly with the local Orphans’ Court or Register of Wills to start the probate process and avoid delays that could hurt your evidence.
• Hire or consult an estate litigation attorney experienced in Pennsylvania probate and Orphans’ Court practice — probate of lost wills often requires filing petitions and presenting evidence at a hearing.
• Prepare for alternative outcomes: if you cannot prove the lost will, the estate may pass under Pennsylvania’s intestacy rules, which can differ significantly from the will’s terms.

Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Pennsylvania attorney who handles probate and estate matters.