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Pennsylvania Probate Requirements

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    Petition to Probate

    • To execute a will in Pennsylvania, you must file a petition to probate with the register of wills in the county where the decedent maintained his primary residence at the time of his death. You can get a copy of the petition from the county courthouse or the Pennsylvania Supreme Court. The form asks for information relating to the deceased's estate and assets.

    Oath

    • If you are the executor overseeing the estate held in probate, you must sign the petition for probate form. By swearing an oath, the petitioner -- in acting as personal representative for the deceased -- affirms that to the best of her knowledge the information provided on the form is accurate. Signing the oath in the presence of the register of wills allows you to open probate by assuming the responsibilities of executor. Before administering the oath, the register of wills will ask to see your driver's license or other proof of your identity.

    Death Certificate

    • To probate a will, you must show the register of wills the decedent's death certificate. You are also required to provide an original death certificate with an official seal. A dated newspaper with a published obituary is sometimes accepted as proof of the decedent's death.You can obtain a copy of the death certificate by writing or visiting the Vital Statistics Office in the state where the person died. When making the request, you must provide the full name of the deceased, the date of death and the county where death occurred. You must also give your name and address, your relationship to the deceased and the reason why you need a copy of the death certificate.

    Grant of Letters

    • In Pennsylvania, the Grant of Letters is often included as a section in the petition to probate a will. By completing this section, you are requesting that the probate court grant you the authority to act as executor of the estate. Once the petition is granted, you have the legal right to deal with third parties in the process of managing the decedent's estate.

    Witnesses

    • As part of the probate process, the executor of the estate must provide a copy of the original will and any codicils to the register of wills. Proof of the will's authenticity includes a notarized acknowledgement by the decedent and a notarized affidavit by the two witnesses who signed the will. If there are no signed affidavits with the will, you must present signed and notarized oaths of the witnesses who signed the will. In the event the will was not witnessed, the executor must locate witnesses who can identify the signature on the will as that of the decedent.

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