Legal Question in Wills and Trusts in Pennsylvania

Not necessarily. Wills can be changed over time until the person whose will it is has died. S/he may not want to distribute the will at this point, since appointing the executor in a will and then changing it may cause bad feelings between those appointed.

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.

Why would the executor receive a copy of the will? Or need notfied for that matter? The executor is the one applying for probate and he or she provides the original will to the court. I would assume that an executor would make a copy before he/she gives the original to the court. Certainly, if the exector has an attorney, the attorney would do so.

Who is the executor? Uusally its the spouse, children or some close relative. Such a person presumably would know of the testator's death and would locate the will and present the probate petition and will. Notice would not be necessary. Any heirs have to be notified that the will has been filed as per the PA Orphans' Court Rules is this is for a PA estate.

If you are the testator, still alive and have made the will, it is my personal belief that you should discuss your wishes openly with your family and with the executor named in your will and not let this be a big secret until your death. You also should provide copies of your will to your children or at least those who are among the beneficiaries. This does several things: (1) copies sometimes can be probated if someone decides to be unscrupulous and tries to destroy your will; and (2) some post-death family squabbles can be avoided if your wishes are made know to all in advance - it will eliminate the "testator wanted x to occur because he/she told me so" argument.

The original will can sometimes be stored at the probate court for a fee. Not all counties do this and if you are the testator, find out if your county allows it or not. If they do, if you are elderly and will not change your will, then you might want to do this and give the receipt you get from the clerk to your executor or indicate to the executor where he/she can find the receipt if you pass, If your county does not provide for filing, then keep the will in a fire-proof safe or other safe place. Safe deposit boxes may be logical choices, but if you die, then the clerk of court must be there before the box can be opened unless a family member or the executor is listed as another box owner. Some lawyers offer to store their clients' wills for them. I don't recommend this either. Lawyers can die or cease operations and it may be difficult to get the will. You might want to keep the original in a safe place and provide a copy to the exector and tell him/her where the original is stored.