Legal Question in Wills and Trusts in Pennsylvania

How does one register the Will of a surviving parent in Pennsylvania that was originally registered in Delaware when the parent was a permanent resident in Delaware?


Asked on 9/19/15, 6:24 am

1 Answer from Attorneys

Question makes no sense as written. One does not "register" a will. Some probate courts will accept wills for filing prior to death but this is not a common practice.

A person makes a will. Person dies. The will is then submitted for probate in whatever state the person who made the will happens to be a resident of at the time of his or her death. Ideally, if a person moves from state A to state B, the will from state A should be reviewed by an attorney when the person moves to state B. However, if person from state A dies in PA before making a new will, PA law provides that where a will was made in another state and validly executed in compliance with that state's laws then it will be treated as valid in PA. So in such case, when the person dies, the will from Delaware could be probated in Pennsylvania if the person moved to and was a resident of PA.

If the person who made the will is still alive and now a resident of PA, they can see an estate planning attorney and see if their will needs revision. If so, they simply tear up or revoke the old Delaware will and make a new one regardless if the old will was filed. If dead but a resident of PA, the Delaware will can be probated in PA assuming it complied with Delaware law when made. If parent is dead but not a resident of PA, then probate should be in Delaware or whatever state the person was a resident of at time of death. If person owned any real property in PA then perhaps an ancillary estate would have to be probated in PA. Inheritance taxes would have to be paid in PA if there is any real or personal property in PA.

I hope this answers your question. If not, then try reposting a question with more relevant information.

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Answered on 9/20/15, 9:34 pm


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