How can I locate a decedent’s will and inventory all probate and non-probate assets in North Carolina when the family didn’t notify me? - Pennsylvania
The Short Answer
In Pennsylvania, you can usually determine whether a will has been filed and whether an estate has been opened by checking with the Register of Wills in the county where the decedent last lived. If someone is holding the will and refusing to turn it over, Pennsylvania law allows an interested person to ask the Register of Wills to compel its production.
What Pennsylvania Law Says
Probate is handled at the county level through the Register of Wills, generally in the county of the decedent’s last family or principal residence. Once a personal representative is appointed, Pennsylvania law requires an inventory of the decedent’s probate assets to be filed with the Register of Wills, and interested parties can raise objections if the inventory appears incomplete.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3137.
This statute authorizes the Register of Wills—at the request of a party in interest—to issue a citation to a person believed to have the will and, absent good cause, order that the will be deposited with the Register.
On the asset side, Pennsylvania requires the personal representative to file a verified inventory of the decedent’s estate assets with the Register of Wills. See 20 Pa.C.S. § 3301.
If additional property is later discovered, a supplemental inventory is required. See 20 Pa.C.S. § 3303.
If you’re trying to understand what is (and is not) supposed to appear on the probate inventory, these may help: assets excluded from the probate estate inventory and what assets must be listed in a Pennsylvania estate inventory.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: The inventory has timing requirements, and interested parties may need to act quickly if they suspect assets are missing or the will is being withheld. Pennsylvania’s inventory timing rules are set out in 20 Pa.C.S. § 3301(c).
- Burden of Proof: If you believe someone is concealing a will or assets, you typically need enough facts to justify court/Register involvement (for example, why you believe a will exists and who likely has it).
- Probate vs. non-probate assets: Many valuable assets (like jointly titled accounts, beneficiary-designated retirement accounts, and some life insurance) may pass outside probate—so “missing” assets may not belong on the probate inventory at all, but may still matter for taxes, disputes, or fiduciary duties.
When family members shut someone out, an attorney can help you use the right probate tools (including compelling production of a will under Pennsylvania law) and evaluate whether the personal representative’s inventory and administration are complete and proper.
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.