Legal Question in Wills and Trusts in Pennsylvania

when making up a will, does it have to be registered anywhere before my death to make it official.


Asked on 3/10/12, 11:55 am

2 Answers from Attorneys

Sharmil McKee McKee Law Office

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. So, if you are concerned about someone destroying your will after you die, then you should store it someplace safe, like a safe deposit box at a bank. Make sure your attorney has a copy and that your family knows the name of that attorney.

What makes your will official, is your signature and the signature of two people who witnessed you signing the will.

Good luck.

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Answered on 3/10/12, 12:33 pm

There is no central registry or county registry in PA. Some states do allow you to register your will with the probate court for a small fee, but I don't recommend that because if you decide to changeyour will you have to go through the process of again registering it and paying a fee.

To be official, the will needs to be witnessed by 2 people who are not beneficiaries under the will. Just in case a problem ever arises, its also good to have a third-witness. To avoid problems of trying to locate the witnesses for probate, I recommend that your will be "self-proving" by having your signature and the witnesses's signatures notarized. I also recommend that you and the witnesses sign in fron of each other and the notary. Some states require it and if you do that the will should be valid even if you movev to another state.

Store your will for safe-keeping in a fire-proof safe. There are problems with accessing a safe-deposit box but that is also a possibility. Some attorneys may offer to store a will for safekeeping, but again, its not something I recommend.

I do recommend making lots of copies - while your executor should know exactly where your original will is located, provide the executor with a copy. if an attorney drafted it, they should have an executed (signed) copy. Make sure your children or maybe a child who you trust or a friend also should have a copy. While I understand why parents may not want their kids or friends knowing their business, I don't think its a good idea for this to be a surprise. You should have already discussed things with your loved ones before you made the will. I know of clients who wanted one thing, only to talk with their children to find out that the children didn't want or need anything and would have preferred assets to pass to the grandchildren. However, every family is different so what may work in one situation may not work for you. its just something you should consider.

Having lots of copies also prevents possible loss in case someone destroys the original. While the original is preferred, it may be possible to probate a copy if the requirements are met.

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Answered on 3/10/12, 1:47 pm


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