Legal Question in Wills and Trusts in Pennsylvania

No. See 20 Pa.C.S.A. � 3133 which says:

(a) Original probate.--A will may be offered for probate at any time.

(b) Conclusiveness of original probate.--The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in section 908 of this code (relating to appeals), or the probate record shall have been amended as authorized by section 3138 of this code (relating to later will or codicil).

(c) Effect upon grantee or lienholder.--A will offered for original or subsequent probate more than one year after the testator's death shall be void against a bona fide grantee or holder of a lien on real estate of the testator if the conveyance or lien is entered of record before the will is offered for probate.

There is no penalty. However, some things you should know. The will should be probated before a year has expired if there is real estate. You should probate a will sooner rather than the later. After 21 years, there may be restrictions and the register of wills may not accept a will for probate except by court order.