The Short Answer

In Pennsylvania, the most reliable way to confirm whether a will is the “original” is through the probate process with the county Register of Wills. In most estates, the Register expects the original will to be presented for probate, and if only a copy exists, that typically triggers additional scrutiny and proof requirements.

What Pennsylvania Law Says

Pennsylvania probate is handled through the county Register of Wills. When a will is offered for probate, the Register evaluates whether the will is properly proved (for example, through witness proof or a self-proving affidavit) and whether the document presented is acceptable for probate. If the original cannot be produced and someone attempts to proceed with a copy, the estate may face challenges—especially if there is any concern the original was revoked, lost, or withheld.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3137.

This statute allows an interested party to request that the Register of Wills issue a citation to any person believed to have possession or control of the decedent’s will, requiring them to show cause why it should not be deposited with the Register.

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: Timing matters if someone is withholding the will, if an estate is already being opened, or if a dispute is developing—waiting can limit options and increase costs.
• Burden of Proof: If only a copy exists, the estate may need to prove execution and address arguments that the original was revoked or intentionally destroyed—issues that often require witness testimony and other evidence.
• Exceptions: Some situations allow probate based on an authenticated copy (for example, certain wills probated outside Pennsylvania), but whether an exception applies is fact-specific and can be contested.

Trying to handle this alone can lead to avoidable disputes, delays in getting authority to act for the estate, or even a denial of probate—especially if family members disagree about which document controls.

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.