The Short Answer

In Pennsylvania, you may still be able to probate a will even if the original is missing, but you should expect extra scrutiny and potential objections. The Register of Wills typically requires reliable proof of the will’s execution and contents, and missing originals can trigger a presumption that the will was revoked—so having counsel involved early can be critical.

What Pennsylvania Law Says

Pennsylvania probate is handled through the county Register of Wills, and wills are generally proved through witness evidence (or accepted affidavits for self-proved wills when there is no contest). When the original will cannot be produced, the legal issue often becomes whether the will can be proved through other evidence and whether the missing original suggests revocation—issues that can quickly turn into litigation in Orphans’ Court.

If the will (or a properly authenticated copy) was already proved in another jurisdiction, Pennsylvania law may allow probate here based on authenticated copies of the will and the foreign probate record.

The Statute

The primary law governing proof of a will in Pennsylvania probate is 20 Pa.C.S. § 3132.

This statute establishes that wills must be proved by the oaths or affirmations of two competent witnesses, with preferences for proof by subscribing witnesses and proof of the testator’s signature when available.

Why You Should Speak with an Attorney

While the statute provides the general rule for proving a will, a missing original can create serious legal and practical problems that are easy to underestimate. Legal outcomes often depend on:

• Strict Deadlines: A will can be offered for probate at any time, but waiting can create real-world risk—especially for real estate. Under 20 Pa.C.S. § 3133, a will offered more than one year after death can be void against certain bona fide grantees or lienholders if their interests are recorded first.
• Burden of Proof: When the original is missing, you may need strong evidence to establish what the will said and that it was properly executed—often through witness testimony and other corroboration. That is also where disputes commonly arise.
• Exceptions and Cross-Border Issues: If the will was probated outside Pennsylvania, special rules may apply. For example, 20 Pa.C.S. § 3136 addresses when an authenticated copy of a will and the foreign probate record can be offered for probate in Pennsylvania without re-calling witnesses.

Because missing-will cases often invite objections (including claims that the will was revoked or that a different will exists), trying to handle it alone can lead to delays, denial of probate, or expensive litigation.

If you want more background reading, you may find these helpful: What Can I Do in Pennsylvania If I Can’t Find the Original Will? and How Do I Contest a Will in Pennsylvania?.

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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.