Legal Question in Wills and Trusts in Pennsylvania

what must be alleged in a petition to prove a will to establish jurisdiction of the probate court?


Asked on 4/02/11, 3:47 pm

1 Answer from Attorneys

Ordinarily, there is a will. You take that. If the probate court has forms (many of them do) you fill them out. You do not draft one yourself.

You do not indicate the state and county of the person who died. I suggest that if you have a will, that you allow a lawyer to assit you with probate. Failing that, go to the probate court (in PA, its called the Orphans' Court but it may go by other names in other states) and take the will with you if there is a will. Prepare a list of the deceased's person's assets and ask the probate clerk (Register of wills in PA) for the forms for letters testamentary (assuming you are the executor). If there is no will, then ask for letters of administration.

Regarding jurisdiction, I do not understand your question. Whatever county/state the decedent resided in is where there is jurisdiction over the primary estate. For example, if the deceased lived in PA but happened to own property in another state, the main estate is in PA but it may be necessary to open an ancillary estate in the other state where the decedent owned land. There are cases where a decedent lived in one county, but was in a nursing home in another county when they died. The place where they owned property is usually the county/state where the estate is probated. Only if the person had absolutely no assets and was in a nursing home would I pick the county where the nursing home was located.

Here is a form from Allegheny County:

http://www.alleghenycounty.us/wo/probate/glpetition_oath.pdf

This just is to give you an example. I strongly encourage you to seek out a probate attorney in the county/state where the decedent lived at the time of his/her death.

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Answered on 4/02/11, 7:23 pm


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