Legal Question in Wills and Trusts in Pennsylvania

Ok before you go forward with a will. The court appoints an executor. Generally, the one in the will. Once the court appoints you then you can execute the will.

{John}

From whom did you get that paperwork? Do you have the original will? If not, will the attorney give it to you?

You may contact the Office of the Register of Wills for the county where your grandfather lived to find out if a will was filed and by whom.

Sounds like you need a lawyer to help you figure this out and start the estate administration process, which begins with the named executor filing the original will in the Office of the Register of Wills for the county where your grandfather lived.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

If you have a will, it should name an executor. A will is not equal to the appointment of an executor. Only a court (clerk or register of wills) can make this official by issuing letters testamentary.

Generally, the executor named in the will files the will with the clerk/register of wills and files an application for probate/issuance of the letters testamentary, as noted by my colleagues.

If you are confused at this step, then I agree that you need help. If the attorney who drafted the will is available, he/she would be a logical choice to help you probate the estate if he/she does this type of work. If not, perhaps the lawyer can refer you to someone who does probate or you can hire any probate attorney of your choosing. You will need an attorney who practices in the county in which the estate is or will be pending, i.e., probably in the county/state where your grandfather lived at the time of his death. If this is in PA, then the court will be called the Orphans' Court.

While you don't necessarily need an attorney for probate in PA, it will depend on what your grandfather owned, what he owed and any other complicating factors. You should at least consult with a probate attorney about this. I don't what is in the paperwork received or who it is from. However, you should take the will and any paperwork to the attorney and allow him/her to review and explain it to you.