The Short Answer

In Pennsylvania, having a will usually means the will must be filed and probated with the county Register of Wills to give the executor legal authority (often called “letters testamentary”) to handle assets that require estate authority to transfer. However, some assets may pass outside probate (for example, certain jointly owned or beneficiary-designated accounts), so whether a full probate estate is required depends on what the person owned and how it was titled.

What Pennsylvania Law Says

Probate is the legal process where a will is presented to the Register of Wills and accepted as the decedent’s valid will, so the estate can be administered through an appointed personal representative. Even when there is a will, probate is commonly needed to confirm the proper county for filing and to allow the executor to act on behalf of the estate—especially to access accounts, sell real estate, or resolve creditor issues.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3131.

This statute establishes that a Pennsylvania resident’s will must be probated before the Register of Wills in the county where the decedent had their last family or principal residence (and provides rules for non-domiciliaries based on where property is located).

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 there is a need to use the will to transfer or protect assets, delays can create real problems (for example, financial institutions and buyers often require properly issued estate authority before they will act).
• Burden of Proof: The Register of Wills may require legally sufficient proof of the will’s execution (witness proof issues can arise, especially with older wills or missing witnesses). See, generally, 20 Pa.C.S. § 3132.
• Exceptions: Some property may pass outside probate, while other property cannot be transferred without probate authority. Determining what requires probate (and what does not) is a common place where families make costly mistakes.

Trying to handle this alone can lead to rejected filings, delays, family conflict, or personal liability for an executor who distributes assets incorrectly.

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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.