The Short Answer

In Pennsylvania, probate is generally filed based on where the decedent lived (their last family or principal residence), not where the heir lives. If the decedent was not domiciled in Pennsylvania, Pennsylvania probate may still be possible in a county where the decedent owned property in Pennsylvania.

What Pennsylvania Law Says

Pennsylvania assigns probate “venue” primarily by the decedent’s domicile at death. That means the correct place to start a Pennsylvania estate is usually the Register of Wills in the county tied to the decedent’s last residence. If the decedent did not live in Pennsylvania, Pennsylvania may still have a role if there are Pennsylvania assets (often real estate), which can require a Pennsylvania filing in addition to the out-of-state estate.

The Statute

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

This statute establishes that a will for a decedent domiciled in Pennsylvania must be probated in the county of the decedent’s last family or principal residence, and if the decedent had no Pennsylvania domicile, the will may be probated in a Pennsylvania county where the decedent had property.

Relatedly, Pennsylvania’s rule for where letters testamentary (executor authority) or letters of administration are granted follows the same concept. See 20 Pa.C.S. § 3151.

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: Pennsylvania imposes time limits that can affect estate rights and filings, including a time limit for offering a will for probate. See, e.g., 20 Pa.C.S. § 3133.
• Burden of Proof: If there’s a dispute about where the decedent was domiciled (or whether an out-of-state will should be recognized in Pennsylvania), you may need documentation and testimony to support the correct venue and validity.
• Multi-State Estates: If the decedent lived outside Pennsylvania but owned Pennsylvania assets, you may be looking at an additional Pennsylvania proceeding (often called “ancillary” administration in practice) and coordination with the primary out-of-state estate. Pennsylvania also has rules for offering an authenticated copy of a will probated elsewhere. See 20 Pa.C.S. § 3136.

Trying to handle a multi-state probate alone can lead to filing in the wrong county, delays in getting authority to act, or disputes that increase costs and risk.

If you want background reading, these may help: What documents are needed to open a probate estate in Pennsylvania? and How to confirm whether an estate is open and get probate filings in Pennsylvania.

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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.