Pennsylvania Register of Wills Process
The Commonwealth of Pennsylvania's legal probate process requires named executors to probate decedents' wills after their deaths. The costs of probate in Pennsylvania are less expensive than the costs of probate in other states. Additionally, the probate registration process in Pennsylvania is less time consuming than in other states. Personal representatives or named executors must register their wills with the Pennsylvania Court and Register of Wills.
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Register of Wills
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Each Pennsylvania county is responsible for establishing a Register of Wills to administer the commonwealth's probate laws. First formed in 1927, the Registers of Wills and Clerks of Orphans' Court Association helps the 67 counties streamline and standardize their probate procedures. The Register of Wills collects Pennsylvania's inheritance taxes, and the office within each county is responsible for determining whether a document is truly a decedent's last will and testament. The office has the legal authority to hear will challenges and can reject wills offered for probate, according to the testimony of those challenging a will.
Oath of Subscribing Witness
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Self-proving wills are those signed by two witnesses and the decedent in the presence of one another. Wills that are self-proven are self-affirming if decedents sign an "Oath of Subscribing Witness" in a notary's presence before they die. If they complete this step, their wills do not have to go through the entire probate process. In this situation a will only needs to be probated, and the Register of Wills or court clerk does not have to contact each witness to authenticate a decedent's will.
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Exceptions to Probate
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Pennsylvania allows joint tenants' property held with rights of survivorship to pass to remaining tenants automatically. Similarly, personal accounts, such as joint bank accounts, life insurance policies, pension accounts, annuities and joint certificates of deposit are not typically subject to the state's probate procedures.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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References
- Delaware County, Pennsylvania: Register of Wills & Clerk of Orphans' Court Division
- Registers of Wills and Clerks of Orphans' Court Association of Pennsylvania
- The Alleghany County Bar Association Probate and Trust Law Section: The Truth About Probate and Living Trusts in Pennsylvania
- Nolo: Making a Will in Pennsylvania
Resources
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