How can I probate a copy of a will without it being presumed revoked? - Pennsylvania
The Short Answer
In Pennsylvania, a photocopy (or other copy) of a will can sometimes be admitted to probate, but you generally must overcome the presumption that a missing original will was revoked by the person who made it. That typically requires strong evidence that the will was still in effect at death, plus proof of the will’s contents and proper execution.
What Pennsylvania Law Says
Pennsylvania probate is handled through the county Register of Wills. When the original signed will cannot be found, the issue is not just “Is this copy accurate?”—it’s also “Was the original intentionally revoked?” In practice, the Register (and, if contested, the Orphans’ Court) will look for reliable evidence that (1) the will was properly executed, (2) the copy matches the executed will’s contents, and (3) the will was not revoked before death.
The Statute
The primary law governing how wills are proved for probate is 20 Pa.C.S. § 3132.
This statute establishes that wills are proved through witness evidence (and related proof rules), which matters because a copy-only probate usually turns on what proof you can present when the original document is missing.
If the will was already probated in another jurisdiction, Pennsylvania also has a statute allowing probate based on authenticated copies and the probate record: 20 Pa.C.S. § 3136.
Why You Should Speak with an Attorney
Trying to probate a copy of a will is one of those situations where the legal standard is straightforward, but the proof is hard. Whether the Register accepts the will—or whether the matter turns into litigation—often depends on details you may not realize are legally significant, such as who last had custody of the original and what evidence exists about the decedent’s intent.
- Strict Proof Requirements: Under Pennsylvania’s probate proof rules, you may need witness testimony/affidavits or other admissible evidence to establish execution and authenticity (see 20 Pa.C.S. § 3132). If the will is contested, the Register may require more than a routine filing.
- Burden of Proof (Presumption of Revocation): When an original will can’t be located, challengers often argue it was destroyed to revoke it. Rebutting that presumption usually requires clear, credible evidence—often from the drafting attorney, witnesses, or people who saw the will after execution.
- High Risk of Disputes: A “lost will” situation can quickly become a will contest or a dispute over who should serve as executor. If you expect conflict, it’s smart to understand the process and risks early (see also disputes over executors/administrators in Pennsylvania).
Because the stakes are high (who inherits, who controls the estate, and whether the estate proceeds under intestacy), it’s usually worth having counsel present the evidence in the most persuasive way and anticipate objections before they derail the probate.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
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.