How do I determine if a will has been filed with the probate division and what should I do if it hasn’t?
How to Check if a Will Has Been Filed in Pennsylvania
When someone dies, their will may guide the distribution of assets. In Pennsylvania, the first step is to confirm whether the original will has been filed with the Register of Wills in the county where the deceased lived. Under Pennsylvania law, wills are typically filed when offered for probate after death.
- Locate the Register of Wills office. Contact the Register of Wills in the county of the decedent’s last residence. You can call or visit in person to inquire about the estate file under the decedent’s full legal name and date of death.
- Search the county records. Many counties maintain probate indexes or estate search tools. Ask to view the probate docket or online register for entries showing the filing of a will.
- Review filing requirements. In Pennsylvania, a will is generally filed with the Register of Wills when the estate is opened for probate. There is not a statewide 30-day requirement like the one described in North Carolina law.
- Confirm probate status. If a will is on file, the Register of Wills office can indicate whether the will has been admitted to probate.
By following these steps, you gain clarity on whether an estate administration under the terms of the will has begun.
Steps to Take if No Will Has Been Filed
If you learn that no will has been filed, act promptly to protect the estate and legal rights of heirs. Pennsylvania law provides a path for both missing wills and intestate estates.
- Search for the original will. Check personal files, safe deposit boxes, and ask the decedent’s attorney or financial advisor if they hold the document.
- Ask family members. A will may be in a relative’s possession. If someone declares they have the original, request that they file it with the appropriate county Register of Wills.
- Consider appropriate probate procedures. If you suspect a will exists but cannot locate it, the Register of Wills or an attorney can advise on the proper procedure for proceeding, including whether additional filings or proof may be required.
- Proceed with intestate administration. If no will is located and probate proceeds without one, the estate may be administered as intestate under Pennsylvania law, and assets pass according to Pennsylvania’s intestate succession statutes.
- Consult an attorney. An attorney can guide you through filing petitions, notices, and other probate steps to protect the estate and ensure proper distribution under state law.
Conclusion and Next Steps
Determining whether a will has been filed and taking action if it hasn’t protects heirs and preserves estate assets. Pierce Law Group has experienced attorneys ready to help you navigate probate, locate missing wills, or open an intestate estate. Contact us today to learn how we can assist you.
Call us: (919) 341-7055
Email: intake@piercelaw.com