Pennsylvania — How to Confirm Whether a Will Is an Original or a Copy | Pennsylvania Estate Planning | FastCounsel
PA Pennsylvania

Pennsylvania — How to Confirm Whether a Will Is an Original or a Copy

Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a Pennsylvania attorney or the Register of Wills in the county where the decedent lived.

How to check whether a will you received is the original or a copy

Detailed answer — what to look for and the steps to take

In Pennsylvania, an original will is the single signed, executed paper (or papers) the testator signed in the presence of the required witnesses. A photocopy, scan, or fax is not the original. To confirm whether the document you have is the original, follow these steps.

1) Visual and physical inspection

  • Look for the testator’s original signature in ink. Originals usually show pen pressure, ink variation, or signatures that match the rest of the document in handwriting style. Photocopies and scans reproduce ink but lack texture and indentations.
  • Check for witness signatures and dates. A properly executed will typically includes signatures of the required number of attesting witnesses (or notarization if used). If witness signatures look photocopied or printed, that is a red flag.
  • Examine margins and paper quality. Originals may show page edges, staples, paper thickness, or creases not visible on photocopies.
  • Look for seals, embossing, original notary stamps, or raised impressions—these are harder to replicate with a copy.

2) Ask about chain of custody and provenance

  • Who gave you the document, and how did they come to have it? Ask for a written statement describing when and where they received the will.
  • Has the document been stored in a safe, bank safe-deposit box, attorney’s file, or with a fiduciary? Records or receipts for storage raise the likelihood the document is original.

3) Compare with other known originals

  • If you can access other signed documents by the testator (like a deed or another signed letter), compare signature style, pen pressure, and handwriting characteristics.

4) Contact the Register of Wills or county probate office

  • Registers of Wills in Pennsylvania maintain records for wills that have been filed for probate. Ask whether an original will for the decedent has already been filed in that county. The statewide statutes governing decedents’ estates are located in Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).
  • If the original was already turned in to the Register of Wills, the office can tell you that and will preserve the original for probate. If you believe an original exists elsewhere, the Register can explain filing and probate processes in that county. See general Register of Wills information at the Unified Judicial System of Pennsylvania: https://www.pacourts.us/.

5) If you still cannot confirm authenticity, consider professional examination

  • A forensic document examiner can analyze inks, pen pressure, paper, and printing method to determine whether signatures and marks on the document are original ink or mechanical reproductions.
  • Ask an attorney to coordinate an expert if you think the question of originality may lead to contested probate.

6) If the original is missing — how Pennsylvania courts generally handle copies

  • Pennsylvania courts expect the original will to be presented for probate whenever possible. If the original cannot be located, copies may sometimes be admitted under specific circumstances, but admitting a copy may require additional evidence to prove the will’s execution and contents.
  • Practical steps if the original is missing: gather testimony from attesting witnesses (if alive), statements from persons who saw the original, and any drafts, electronic copies, or attorney file copies that support the copy’s authenticity. An attorney can explain the admissibility standards and file any necessary petitions with the Orphans’ Court (the court that handles probate matters in Pennsylvania).

7) When to involve an attorney immediately

  • If you suspect the document is forged, altered, or fraudulently produced.
  • If multiple people claim possession of the original will or if someone tries to file a copy when you know an original exists elsewhere.
  • If the estate is large or relationships among potential heirs are contentious — timely legal steps can protect rights and evidence.

In short: Start with a careful physical inspection and questions about chain of custody, then check with the county Register of Wills and, if needed, get a forensic document exam and an attorney’s help. The earlier you confirm whether you have the original, the easier it is to avoid probate disputes.

Helpful Hints

  • Do not sign, alter, or staple anything to a document you think might be an original will. Preserve it exactly as you found it.
  • Take clear photos (for your records) but avoid creating confusing duplicates that could complicate chain-of-custody questions.
  • If possible, get a written statement from the person who provided the document explaining how they came to have it.
  • Contact the Register of Wills in the decedent’s county early — they can confirm whether an original has already been filed and explain next steps for probate.
  • If witnesses who signed the will are still alive, ask them to provide written statements or be available to the Register of Wills or the court to confirm execution.
  • Keep all originals and copies secure. If multiple parties claim possession, document who had the will and when.
  • If you hire a document examiner, choose one who provides a written report you can use in court if necessary.
  • Consider consulting a Pennsylvania probate attorney before filing anything with the court if the document’s authenticity is in doubt.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.