Legal Question in Wills and Trusts in Pennsylvania

How do I obtain a copy of my deceased mothers will? I live in Virginia, she died in Pennsylvania & I have no Idea how to begin the process of finding out who her estate was left to.


Asked on 9/29/10, 6:05 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Call the Register of Wills for the county where your mother resided. That office will tell you if a will was filed. If one was not, you would have to figure out who might have the will - a nearby relative, friend, lawyer who helped prepare the will.

If no will can be found, as the son of the deceased, you would have a right to ask to be appointed the personal representative of your mother's estate. The Register of Wills Office would be able to direct you to the forms you would need. There are responsibilities that go with being the personal representative, and it may be difficult for you to act if you are living in another state.

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.

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Answered on 10/04/10, 6:48 am
Hillary Snyder Hillary N. Snyder, Esquire

First of all, I am sorry to hear of your loss.

In order to obtain a copy of your mother's will, you need to contact the Register of Wills of the County in which your mother was a resident at the time of her death. If an estate was opened, you may request a copy of the will.

Since you are her daugther, if an estate was opened, you should have received notice.

It is important to note, that an estate may not have been opened and the will (if she had one) may not have needed to be probated.

The only time that a probate estate needs to be opened and the will must be filed with the Register of Wills, is when an individual dies with assets in their sole name. If all accounts were joint with another individual or if there were beneficiary designations, the assets will go to those individuals and there is no need to file the Will and open a probate estate.

I hope this helps. If you have additional questions, please do not hesistate to contact me. I am always happy to give a free consultation. 412.963.8495 or [email protected].

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Answered on 10/04/10, 6:54 am


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