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What services does the
Register of Wills provide?
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| | The Register of Wills probates wills and appoints representatives for decedents who die with or without a will. The decedent
MUST have been a resident of Philadelphia County at the time of death. The Register also serves as an agent for the Commonwealth of Pennsylvania for filing and payment of Inheritance Taxes. |
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Are all wills open to the
public?
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| | Yes. All records are available to the public, unless impounded. |
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What does it mean to
register a will?
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| | This is the process known as Probate of the will. The procedure requires that the original will be brought to the office where it is examined for proper execution. Such things as signatures of the decedent and witnesses are checked. Due to the complexities of proper execution, it is strongly recommended that you contact an attorney for the preparation and probate of a will. |
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Why is a will
registered or probated?
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| | There are many reasons to register a will. Chief among these is the transfer of property, real estate or personal, from the decedent to beneficiaries. |
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What is probate?
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| | Probate is the procedure by which a will is proved to be valid or invalid according to the laws of the Commonwealth of Pennsylvania. |
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What does the word
intestate mean?
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| | Simply put, it means to die WITHOUT a will. |
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The decedent died without a
will. Now what do I do?
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| | If there are assets that must be transferred from the decedent to beneficiaries, you must come to the Register of Wills office. If you qualify, you may be appointed estate administrator. |
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What is a Short
Certificate?
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| | A Short Certificate is a document that is certified proof of the appointment of the Estate’s Personal Representative (Executor or Administrator). It is required to gain access to the assets of the decedent. The term
"short" certificate refers to the size of the document. |
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Why do you keep the
original will?
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| | We are required by law to retain the original will. Since all records in this office are kept "forever," the original document will always be available in paper form or on microfilm. It is recommended that you make a copy of the original will for your records before you come to the office. |
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Does a will get registered or
filed after it is written?
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| | No. A will is not registered until the person who wrote it (testator) dies. It is important that someone, usually your executor, knows the location of your will or the name of the attorney who prepared it. |
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I cannot find the original
will. I only have a copy. What can I do?
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| | We suggest that you contact an attorney for the form of the petition that must be prepared and presented to the Register of Wills to accept a copy of the will for probate. |
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What is a testator?
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| | A testator is the person who wrote the will. |
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What are Letters
Testamentary and Letters of Administration?
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| | This is a document issued by the Register of Wills authorizing a particular person(s) to act as the personal representative of the decedent’s estate. If the person died with a will, the document is referred to as Letters Testamentary. If the person died without a will, the document is called Letters of Administration. |
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Do I need an attorney
to apply for Letters Testamentary or Letters of Administration?
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| | No. However, due to the complexity of the process, it is strongly recommended that an attorney be engaged. This office provides the forms but cannot offer any direction or legal advice as to the preparation. |
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Who can be
appointed administrator?
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| | The order of appointment is very detailed and specific. Usually, the spouse is the first one to qualify. If there is no spouse, then the children can apply to be appointed. These situations often require the advice of an attorney. |
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What do I need when I come
to the office to open the estate?
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| 1. | Original will, IF the decedent had one. This
office keeps the original will. |
| 2. | Death certificate. |
| 3. | Person(s) who can qualify as Executor(s) or Administrator(s). |
| 4. | Approximate value of the decedent’s estate. This is the value, as of date of death, of the real estate and personal property of the decedent. You must determine what items constitute the decedent’s estate. The staff may not assist you with this valuation. We suggest you consider this before you come into the office and discuss this matter with a professional, if necessary. |
| 5. | Visa, MasterCard, Certified Check, or Money Order for probate fees. This amount varies based on the value of the decedent’s estate as discussed in #4.
Fees |
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Does your office
assist in the preparation of the inheritance tax return?
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| | No. This office functions only as an agent for the filing of the Inheritance Tax Return and the payment of the Inheritance Tax. This means that we accept the return and payment and send them to the Commonwealth. The staff is not trained to give direction or advice concerning the correct completion of the return or calculation of the tax. If you have further questions that are not answered in the Tax Return instruction booklet, you should contact an attorney or an accountant for assistance. The Inheritance Tax Booklet with instructions is provided by this office at the time that the Estate is opened. To download forms and instructions from the Inheritance Tax Department,
click here
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