Legal Question in Wills and Trusts in Pennsylvania

Re: Wills Probate

This is a very complicated process. It involves prooving the will was in fact lost and not destroyed by the testator. I suggest you consult with a local pennsylvania attorney to review the facts and the situation. If you would liketo consult with my office contact me.

Re: Wills Probate

There is a procedure called Administration with the Will Annexed, which may cover this. While it is not formal probate of an original Will, but is an administration procedure (in theory, no Will) which may allow the provisions of the copy to be honored. Is there anything in the document that is ususual, or is it just a simple document that says to whom the assets of the estate will be distributable. If the latter, a simple administration may be all that is needed to accomplish what the document says. Bear in mind that both a regular probate of a Will and an Administration only act on assets owned individually, not those owned jointly with someone or which have a designated beneficiary. Administration usually is more costly (bonding is required), and depending upon what needs to be done and how assets are registered, might not even be needed. If you could provide me with a copy of the document and a simple list of what assets are involved, I may be able to give you more advice or assistance.

Re: Wills Probate

You will need to file a Complaint in the Chancery Court (Probate Part) seeking to admit the copy of the Will to probate.

Depending on the particular facts of your case, this may be difficult, as you must overcome the presumption that the original will was revoked or destroyed.

I have successfully admitted copies of Wills to probate in the past. Feel free to contact me if you need assistance.

Re: Wills Probate

In PA, it is possible to petition the Register of Wills or Orphans' Court in the County where your father resided at the time of his death, to admit the photocopy to probate. You will have to show that a diligent search was made to find the original among his papers, and the fact that the law firm or attorney do not have the original will.

The Register of Wills' office may be helpful if you go there, or you may need a local estates lawyer to assist you in this process.