How can I obtain a certified death certificate and a copy of the estate filing? - Pennsylvania
The Short Answer
In Pennsylvania, you can usually obtain a certified copy of an estate filing (such as a probated will, petition, or letters) by requesting it from the Register of Wills in the county where the estate was opened and paying the required fee. A certified death certificate, however, is typically issued through Pennsylvania vital records (not the Register of Wills), although a death certificate or death record may also appear in the probate file depending on what was filed.
What Pennsylvania Law Says
Probate records are maintained by the Register of Wills, and Pennsylvania law allows members of the public to request certified copies of the Register’s records and papers filed in an estate. Certified copies matter because many banks, title companies, and courts will not accept informal copies when you are trying to prove authority, confirm what was filed, or document the estate’s status.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 923.
This statute establishes that, upon request and payment of the fee, the Register of Wills must make and certify true copies of its records and papers filed, and those certified copies are treated as equivalent evidence to the original in Pennsylvania judicial proceedings.
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 are trying to use probate documents to protect or transfer real estate interests, timing can matter—for example, certain recordings affecting real estate may need to occur within a limited time after death to protect against later purchasers or lienholders. See, e.g., 20 Pa.C.S. § 3126 (one-year recording concept in a specific context).
- Burden of Proof: Many institutions require the “right” certified document (for example, letters/short certificates versus a will copy), and the wrong request can delay access to accounts or property.
- Exceptions: The correct county and office depend on where the decedent was domiciled and where the estate was opened; if the wrong county is contacted, you may be told there is “no record,” even when an estate exists elsewhere. See generally 20 Pa.C.S. § 3151 (proper county for grant of letters).
Trying to handle this alone can lead to delays, rejected requests, or problems using the documents for banking, real estate, or litigation purposes. A probate attorney can quickly identify what documents you actually need (and from which office) and help avoid costly missteps.
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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.