Probating Wills

When a document is submitted for probate, we determine whether a document offered for probate should be received as the last Will of the decedent.

No Executor Named

Where a Will does not name an executor, the Director determines who shall administer the Estate of the deceased.

Challenges to Wills

Wills are frequently challenged on the grounds of:

• Forgery
• Lack of mental capacity of the testator
• Undue influence

The Director of the Wills/Orphans’ Court Division hears testimony with regard to any challenge and makes a decision accepting or rejecting the document offered.

Letters of Administration

Where there is no Will, the Director grants Letters of Administration, usually to the next of kin.

Where there is a dispute among the heirs as to who will serve as Administrator, the Director will conduct a hearing and resolve the dispute.

Minors of the Deceased

Guardians of the person and the property of minors are appointed by the Orphans' Court.

Testator's Signature

The law does not require eyewitnesses (subscribing witnesses) to the signature of the testator in order for the Will to be valid.

However, if the Will does not have 2 subscribing witnesses, at the time of probate, 2 witnesses, subscribing or non-subscribing, must appear and identify under oath the signature of the decedent on the Will.

Wills can be made self-proven if proper acknowledgements and affidavits are signed by the testator and witnesses at the time of execution. Self-proving Wills eliminate the need for witnesses.

Disposition of Property

Property owned solely in the name of the decedent passes by Will.

Property owned by the entireties (husband and wife), jointly or in a trust does not pass by Will.

Advice as to what specific property does or does not pass by Will and what property is or is not subject to Pennsylvania Inheritance Taxes should be obtained from your attorney.

If the Will was being held by an attorney who is now deceased or disbarred, you may still be able to find the Will.

Contact the Allegheny County Bar Association at 412-261-6161 to see what information they have about the attorney.

You can also search the Pennsylvania Disciplinary Board directory of Pennsylvania attorneys to determine an attorney's status or whether an attorney has been subjected to public discipline.

Yes. Generally, for young married persons - to dispose of their property and to appoint proper persons as the guardians of the persons and estates of their minor children; for the middle-aged - to provide a plan of distribution for their dependents by benefiting those with the greatest need and conserving their property for their spouse and/or children; and, for the elderly - to make distributions which benefit spouse, children, grandchild and charities.

Pennsylvania law applies to the appointment of personal representative and the distribution of property by designating the heirs and their share of the decedent's Estate. Guardians of the person and the property of minors must be appointed by the Orphans' Court.

A Will is effective at the death of the testator. It may be revoked at any time prior to death by a Will or Codicil later in date or by destruction of the Will itself by the testator. The Will which the Register may allow to Probate is the last Will signed by the testator.

No. The law does not require eyewitnesses (subscribing witnesses) to the signature of the testator in order for the Will to be valid. However, it is the custom to have 2 subscribing witnesses present since at the time of probate, 2 witnesses, subscribing or non-subscribing, must appear and identify under oath the signature of the decedent on the Will. Wills can be made self-proven if proper acknowledgements and affidavits are signed by the testator and witnesses at the time of execution. Self-proving Wills eliminate the need for the witnesses appearing at the Wills/Orphans' Court Division.

The disposition of one's property is necessarily determined by many personal factors, including family and personal relationships, and interests in charities. A Will should be changed when those relationships, including divorce and death, change. Changes to a Will may be made either by a completely revised Will or by a Codicil conforming to the requirements for a valid Will.

Property owned solely in the name of the decedent passes by Will. Property owned by the entireties (husband and wife), jointly or in the trust does not pass by Will. Advice as to what specific property does or does not pass by Will, and what property is or is not subject to Pennsylvania Inheritance Taxes, should be obtained from your attorney.

No. A Will does not 'expire' or become invalid because of the passage of time. It becomes operative when a person dies. A person may make many Wills in their lifetime. The last Will of the person before death is the valid one.