How do I fix mistakes in the probate paperwork, like the wrong siblings being listed? - Pennsylvania
The Short Answer
In Pennsylvania, probate filings (like the petition for letters) are sworn documents, so listing the wrong siblings/heirs is a serious error that usually needs to be corrected through a formal, verified filing with the Register of Wills and/or Orphans’ Court. Whether it’s a simple correction or a dispute depends on why the siblings were listed and whether anyone’s inheritance rights are affected.
What Pennsylvania Law Says
When someone asks the court to appoint a personal representative (executor/administrator), Pennsylvania law requires the petition to include the decedent’s family information—specifically the names, relationships, and addresses of heirs when the decedent died without a will (intestate). If the wrong siblings are listed, the court record may be inaccurate, required notices may go to the wrong people, and distributions can be challenged later.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3153.
This statute requires a petition for the grant of letters to state, under oath, the decedent’s key information and—if intestate—the names, relationships, and addresses of the decedent’s heirs (so far as known).
Also, when issues are presented to the Orphans’ Court, they are typically raised by a verified petition (meaning it is sworn/attested), which is one reason corrections should be handled carefully and formally. See 20 Pa.C.S. § 761.
For background on how the initial probate/letters process works, you may also find helpful: How Do I Apply for Probate and Letters Testamentary 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 accuracy in sworn filings: The petition for letters is made under oath, and corrections often require a new verified filing that matches Pennsylvania’s statewide Orphans’ Court practice and forms.
- Notice and due process problems: If the wrong siblings/heirs were listed, required notices may have gone to the wrong people, and the “right” heirs may later challenge actions taken in the estate—especially if assets were distributed.
- Disputes over heirship: Sometimes the “mistake” is actually a legal question (half-siblings, adoption, unknown heirs, estrangement, name changes, or whether a will controls). If someone contests heirship, the matter can quickly become litigation in Orphans’ Court.
Trying to fix this informally can create bigger problems—like delays, objections, or personal liability for the personal representative if distributions are made based on incorrect heir information.
Get Connected with a Pennsylvania Attorney
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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.