The Short Answer

If the estate is being probated in Pennsylvania, you generally want a Pennsylvania-licensed probate attorney—not a North Carolina-only attorney—because the case is handled through a Pennsylvania county Register of Wills and (if disputes arise) the Pennsylvania Orphans’ Court.

You are not always legally required to hire a lawyer to serve as executor/administrator, but probate mistakes can create personal liability and court problems, so getting counsel is often the safest move.

What Pennsylvania Law Says

In Pennsylvania, probate is a county-based process. The Register of Wills in the proper county issues letters (authority to act) and the personal representative is subject to the Orphans’ Court’s jurisdiction for estate administration issues. That means the controlling rules, forms, and court expectations are Pennsylvania-specific, and representation typically needs to be by a lawyer admitted in Pennsylvania.

The Statute

The primary law governing where a Pennsylvania probate must be filed is 20 Pa.C.S. § 3131.

This statute establishes that a Pennsylvania domiciliary’s will must be probated before the register of the county where the decedent had their last family or principal residence (and provides rules for non-domiciliaries with property in Pennsylvania).

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: Executors/administrators can face time-sensitive notice, tax, and court requirements; missing them can delay distributions and increase costs.
• Burden of Proof: If anyone challenges the will, your appointment, or your accounting, you may need to prove proper administration and document every decision.
• Exceptions: Out-of-state issues (property in multiple states, nonresident fiduciaries, disputes among heirs, creditor claims) can trigger additional court scrutiny and legal analysis.

Also, by accepting appointment, a personal representative submits to the jurisdiction of the Orphans’ Court for matters involving performance of duties—meaning disputes can quickly become formal court proceedings. See 20 Pa.C.S. § 3163.

If you’re trying to decide whether probate is even required, or you’re unsure how Pennsylvania letters work, these may help: Is probate required if there’s a will in Pennsylvania? and How do I apply for probate and letters testamentary in Pennsylvania?.

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.

Find a Pennsylvania Attorney Now

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.