The Short Answer

If you can’t find the original will, you should assume the estate may be treated as if there is no will unless the will can be located or a court accepts proof of a lost will. Pennsylvania law gives interested parties a way to force someone who has the will to turn it over, but proving a missing will (or probating a copy) can be legally and factually difficult.

What Pennsylvania Law Says

In Pennsylvania, wills are handled through the county Register of Wills. If a will exists but someone is holding it (or refusing to provide it), the law allows the Register of Wills to compel that person to deposit the will. If no will can be produced, the estate (or the portion not effectively disposed of by will) generally passes under Pennsylvania’s intestate succession rules.

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 an interested party, to issue a citation to a person believed to have possession or control of the decedent’s will and to order the will deposited with the Register if good cause is not shown.

If no will is found (or no valid will can be proved), Pennsylvania’s intestacy statute controls who inherits: 20 Pa.C.S. § 2101.

Related reading: How Do I Find Out Whether a Will Was Filed in Pennsylvania? and What if the original will is lost or damaged before probate in Pennsylvania?.

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: Probate timing can matter if a later will surfaces after an earlier document is probated (Pennsylvania law gives the Register authority to reopen the record in certain situations). See 20 Pa.C.S. § 3138.
• Burden of Proof: If the original will can’t be located, you may need strong evidence about what the will said and whether it was revoked—often requiring witness testimony and other proof that the Register of Wills (or Orphans’ Court) will accept.
• Exceptions: It matters whether someone else has the will, whether there is only a copy, whether the will was probated in another jurisdiction, and whether there are disputes among family members—each scenario can change what can be filed and what proof is required.

Trying to handle this alone can lead to delays, family conflict, or an estate being administered under intestacy when that’s not what the decedent wanted. A probate attorney can quickly assess whether a citation under Section 3137 is appropriate, what evidence is needed if the will is lost, and how to protect your rights during administration.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

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.