Legal Question in Wills and Trusts in Pennsylvania

In State of PA, my father died in 2009 leaving my brother who died 2 years and 4 months after my father. My brothers spouse is trying to get an original copy of the Short Cerfificate that can be no older than 2 years. Can that be done thru the Register of Wills in the County where my father died?


Asked on 10/13/15, 4:42 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

That's where it should be.

{John}

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Answered on 10/13/15, 6:37 am

Your post kind of makes no sense. The question does but not the beginning. Your father died in 2009. Did he have a living wife at the time of his death? Was an estate probated for him? If not, why not? What assets did he have that required probate? Who were the beneficiaries of your father's assets besides you and your brother? Why would there need to be a probate of the father's estate NOW? Its been 6 years. And why is your brother's widow trying to probate an estate for your father?

Assuming that the widow is trying to probate an estate for your deceased brother, that would be done in the county/state where the brother lived at the time of his death. An estate would need probated for the father only if there would be a good reason.

If your sister-in-law can afford an attorney, she should at least pay for a consult with a probate attorney who practices in the county/state where the brother lived at the time of his death if she is trying to probate an estate for her husband. If she is trying to probate an estate for your father, then she needs to consult with a probate attorney who practices in the county/state where your father lived at the time of his death. If she cannot afford an attorney then yes, the register of wills would be a place to start. Unless your father and brother lived in the same county, then your sister would talk to the register of wills in the county/state where your father lived at the time of his death if probating an estate for your father and/or to the register of wills in the county/state where your brother lived at the time of his death if she is seeking to probate an estate for your brother. An estate needs to be opened to get a short certificate. A short certificate is a document that is certified proof of the appointment of the personal representative for the dead person's estate. It is required to gain access to the assets of the decedent, like funds in a bank account.

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Answered on 10/13/15, 8:32 pm


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