Legal Question in Wills and Trusts in Pennsylvania

When the executor files the will in probate court (or register of wills in PA), the will becomes public record. Contact the register of wills office in the county where the deceased was located to obtain a copy.

If you would like to discuss your matter further over a free phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy, Esq.

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

There is no reading of the will except in the movies if that is what you are thinking of. If your father is deceased and if he made a will, then the executor of the will has to probate the will in the county where your father lived at the time of his death. If that was PA, it would be the Register of Wills at the Orphan's Court. The estate files are a matter of public record so if the will was filed then you will be able to see it. However, if you are a child, you have to be given notice that the will has been probated regardless of whether you are a beneficiary if your father lived in PA. I have set forth the rule for you below. If the executor does not probate the will, he/she can be compelled to do so. However, it depends on what assets your father owned and how they were titled. It may be that there is little or nothing to probate.

If your father died over three months ago and nothing has been done, then you should contact a probate attorney to discuss your rights/remedies.

Rule 5.6. Notice to Beneficiaries and Intestate Heirs.

(a) Requirement of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative�s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to:

(1) every person, corporation, association, entity or other party named in decedent�s will as an outright beneficiary whether individually or as a class member;

(2) the decedent�s spouse and children, whether or not they are named in, or have an interest under, the will;

(3) where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of the Probate, Estate and Fiduciaries Code;

(4) the appointed guardian of the estate, parent or legal custodian of any beneficiary who is a minor child under the age of eighteen years;

(5) the appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is an adjudicated incapacitated person;

(6) the Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000 or which will not be paid in full;

(7) the Attorney General on behalf of any governmental beneficiary;

(8) the trustee of any trust which is a beneficiary; and

(9) such other persons and in such manner as may be required by any local rule of court.

(b) Definition of Beneficiary. ��Beneficiary�� shall be deemed to include any person who may have an interest by virtue of the Pennsylvania anti-lapse statute, 20 Pa.C.S. � 2514.

(c) Manner of notice. Notice shall be given by personal service or by first-class, prepaid mail to each person and entity entitled to notice under subdivision (a)(1)�(9) whose address is known or reasonably available to the personal representative.

(d) Certification of notice. Within ten (10) days after giving the notice required by subdivision (a) of this Rule, the personal representative or the personal representative�s counsel shall file with the Register or Clerk a certification that notice has been given as required by this Rule. No fee shall be charged by the Register or Clerk for filing the certification required by this subdivision.

(e) Failure to file certification. Upon the failure by the personal representative or the personal representative�s counsel to file the certification on a timely basis, the Register shall, after ten (10) days prior written notice to the delinquent personal representative and his counsel, notify the Court of such delinquency.

Official Note

The 1998 amendment to subdivision (e) is not intended to limit the inherent power of the Court to impose sanctions upon a delinquent personal representative or counsel.

(f) Effect of notice. This Rule shall not alter or diminish existing rights or confer new rights.

(g) Copies of rule. The Register shall deliver a copy of Rule 5.6 and the forms of notice and certification approved by the Supreme Court to each personal representative and counsel at the time letters are granted.