When Do I Need to Submit a Subscribing Witness Affidavit (Oath/Affirmation) to Probate a Will in Pennsylvania? | Pennsylvania Probate | FastCounsel
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When Do I Need to Submit a Subscribing Witness Affidavit (Oath/Affirmation) to Probate a Will in Pennsylvania?

When and how do I file the oath of affirmation and affidavit of subscribing witnesses?: North Carolina probate - Pennsylvania

The Short Answer

In Pennsylvania, proof of a will is typically handled at the time you present the will to the county Register of Wills for probate (when you apply for letters). If the will is “self-proved,” the Register generally accepts the attached witness affidavit(s) instead of requiring the witnesses to appear—unless there’s a contest or the will was signed by mark/another person for the testator.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Whether the Register will accept an affidavit in place of live witness testimony can depend on details that are easy to miss, including:

  • Strict Requirements for “Self-Proved” Status: The affidavit/acknowledgment must be properly executed and attached/annexed in the manner the statute requires. If it’s defective, you may be pushed back into live witness proof issues under the probate rules.
  • Burden of Proof Problems: If witnesses are unavailable, out of state, deceased, or can’t be located, you may need alternative proof that satisfies the Register under Pennsylvania’s proof hierarchy. See What if the original will is lost or damaged in the mail before probate in Pennsylvania?.
  • Exceptions That Trigger More Scrutiny: If there is a contest, or if the will was signed by mark or by another person for the testator, Pennsylvania law limits when a self-proving affidavit can substitute for in-person proof. That can affect whether the Register will accept the will as presented. (See 20 Pa.C.S. § 3132.1.)

Trying to handle this alone can lead to delays, rejection by the Register, or a contested probate posture that becomes much more expensive. A Pennsylvania probate attorney can quickly evaluate whether the will is truly self-proved, what proof the Register is likely to require in your county, and how to avoid missteps that create litigation risk.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.