The Short Answer

In Pennsylvania probate, it depends on the document. Some originals (most notably an original will, if there is one) are typically kept by the Register of Wills once they are filed and recorded, while many other items are submitted as certified copies and you keep your originals.

If an original must be filed with the court, you should generally expect that the court office will retain it as part of the official record, and you may need to obtain certified copies later rather than getting the original back.

What Pennsylvania Law Says

Probate filings create an official court record. In Pennsylvania, certain probate documents are recorded and retained by the Register of Wills, which means the office keeps custody of those filed records rather than returning them on request. This is especially important for documents that establish authority (like probate filings) or that must remain available for later court review.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 921.

This statute establishes that probated wills are indexed and recorded by the Register of Wills and remain in the Register’s office (except when a higher court needs custody).

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 a dispute arises and an original record is demanded in related proceedings, timing can matter—Pennsylvania law can require production of an original record within a defined timeframe when properly requested. See, e.g., 42 Pa.C.S. § 6159.
• Burden of Proof: If you only have copies (for example, a copy of a death certificate or copies of vehicle paperwork) or if key originals are missing (like a vehicle title), you may need to prove authenticity, explain gaps, and satisfy third parties (the Register, PennDOT, banks, insurers) that the documentation is sufficient.
• Exceptions: Some originals may be treated as records “meriting special care,” where a certified copy is filed in lieu of the original and the original is preserved elsewhere under court administration. See 42 Pa.C.S. § 4326.

In your situation, the practical risk is losing control of the only original marriage certificate (or having it tied up longer than expected) and running into delays if a court office or third party insists on an original for a particular purpose. A probate attorney can coordinate what should be filed as an original versus a certified copy, and how to protect irreplaceable documents while still moving the estate forward.

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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.