The Short Answer

In Pennsylvania, wills are handled through the county Register of Wills (not a general “county clerk”). After the testator dies, the original will is typically deposited with the Register in the proper county for probate, and it generally remains part of the probate file—so you usually obtain certified copies, not the original back.

What Pennsylvania Law Says

Pennsylvania probate is county-based, and the correct county is tied to the decedent’s last family or principal residence. If someone is holding the original will and will not turn it over, Pennsylvania law provides a mechanism to compel production so the will can be deposited with the Register of Wills and the estate can move forward.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3137.

This statute establishes that, at the request of a party in interest, the Register of Wills can issue a citation to a person believed to have possession or control of a decedent’s will and, absent good cause, order that the will be deposited with the Register.

Venue also matters: Pennsylvania generally requires probate in the county where the decedent had their last family or principal residence. See 20 Pa.C.S. § 3131.

If your question is really about getting access to the will (rather than physically getting the original back), you may find these helpful: How can I get a copy of a will in Pennsylvania? and Who keeps original probate documents in Pennsylvania, and can I get them back after filing?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If a later will surfaces after an earlier one has already been probated, timing can become critical and may require reopening the probate record. (See, e.g., 20 Pa.C.S. § 3138.)
• Burden of Proof: If the original will is missing, damaged, or someone disputes whether it’s the “true original,” the estate may face evidentiary challenges that can delay or derail probate. See also How do I verify a will is the original in Pennsylvania?.
• Exceptions and access issues: If the will is believed to be in a safe deposit box or held by a third party, you may need coordinated action with the Register of Wills and/or court involvement to avoid delays and protect the estate.

Trying to handle this alone can lead to delays, rejected filings, or unnecessary conflict—especially when family members disagree or someone refuses to produce the will.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.