The Short Answer

You can still probate the will in Pennsylvania even if the primary beneficiary has already died. The key issue is not whether probate can happen, but who receives the gift—often the will’s contingent beneficiaries, the deceased beneficiary’s descendants (in some situations), the remaining residuary beneficiaries, or (if the will doesn’t effectively dispose of the property) the decedent’s intestate heirs.

What Pennsylvania Law Says

Probate is the process of proving the will and appointing a personal representative (executor) to administer the estate. In Pennsylvania, the will is probated with the Register of Wills in the proper county (generally, where the decedent last resided), and the Register issues the authority to act (letters) to the appropriate person.

The Statute

The primary law governing where a will must be probated is 20 Pa.C.S. § 3131.

This statute establishes that a Pennsylvania domiciliary’s will must be probated before the Register of Wills in the county of the decedent’s last family or principal residence (with special rules if the decedent was not domiciled in Pennsylvania).

Once the estate is opened, the “primary beneficiary has passed away” question becomes a distribution issue. If a gift in the will fails because the beneficiary is not alive to take it, the outcome often depends on (1) the will’s wording (for example, whether it names alternate beneficiaries), and (2) how Pennsylvania law treats a failed residuary gift.

One important rule is that, absent a contrary intent in the will, if a share of the residue fails, it generally passes to the other residuary beneficiaries rather than automatically going through intestacy. See 20 Pa.C.S. § 3541 (addressing how distributions are prioritized and recognizing the residuary clause as the last class of will distributions before property “not disposed of by the will").

Why You Should Speak with an Attorney

While the statutes provide the framework, applying them to your situation is rarely simple—especially when a key beneficiary has died. Legal outcomes often depend on:

• Strict Deadlines: Probate must be opened in the correct county, and delays can create disputes, missing-asset problems, and complications with creditors and tax filings. (Venue is controlled by 20 Pa.C.S. § 3131.)
• Burden of Proof: You may need clear documentation about the beneficiary’s death, family tree/descendants, and the exact language of the will to determine whether the gift lapses, passes to alternates, or shifts within the residue.
• Exceptions: The will may contain survivorship conditions (e.g., “must survive me by 30 days”), substitute-gift language, or other clauses that change the default result. Also, some assets may pass outside probate (beneficiary designations, joint ownership), which can change what is actually controlled by the will.

Trying to handle this alone can lead to misdistribution (which can create personal liability for the executor), family conflict, and expensive court involvement in Orphans’ Court.

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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.