How can I find out if a will was filed for a decedent in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, you typically find out whether a will has been filed by checking with the Register of Wills in the county where the decedent lived (their last family or principal residence). Once a will is probated, it is indexed and recorded by the Register, which generally makes it traceable through that office’s records.
What Pennsylvania Law Says
Probate in Pennsylvania is handled at the county level through the Register of Wills. Venue usually depends on where the decedent was domiciled at death (generally, their last family or principal residence), and that county’s Register is the place where a will would be offered for probate and where the official estate file is maintained.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 921.
This statute establishes that all probated wills must be indexed and recorded by the Register of Wills and remain in the Register’s office (except when temporarily in the custody of a higher court).
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: If you need to challenge what happened at probate (or the lack of probate), timing can matter—appeals from certain Register of Wills decrees can be time-limited under Pennsylvania law.
- Burden of Proof: If someone is withholding the original will, you may need evidence about who has it and why it hasn’t been deposited with the Register.
- Exceptions: A will might be probated in another jurisdiction, or the decedent may have had property in multiple counties—issues that can affect where records exist and what filings are required.
If you suspect a will exists but hasn’t been filed, Pennsylvania law allows an “interested party” to ask the Register to compel production of the will in certain situations. That kind of request can escalate quickly into a contested matter, so it’s smart to get legal advice early.
Related reading: How do I confirm whether an estate is open and get probate filings in Pennsylvania? and How can I get a copy of 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.