Please note:
This information has been issued to inform and not to advise. It is based on Pennsylvania Law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here.
WHAT IS A WILL?
A Will is any written document, signed at the end by a person at least eighteen (18) years of age and of sound mind which directs the manner of distribution of anything owned by the writer at the time of death. The will should name an executor whose job is to probate the Will after death and carry out its instructions. A will may also appoint guardians of the estate of minors who may receive property under the Will.
IS MY WILL ON FILE WITH THE REGISTER OF WILLS?
Living persons do not have wills registered or retained by the Register of Wills. Original Wills are usually kept secure by the attorney who prepared the Will, or placed in a vault of a trust department, or in a safe deposit box belonging to the testator (person who wrote the will).
SHOULD EVERYONE HAVE A WILL?
Yes, everyone should have a Will. This will guarantee that your lifetime accumulations are given to those persons, charities, or institutions whom you wish to benefit.
WHAT OCCURS WHEN THERE IS NO WILL?
If there is no Will, an administrator is appointed by the Court to handle the estate. Individuals or institutions entitled to administer an estate are established by law. The Register of Wills grants this authority in a document called Letters of Administration. The decedent’s estate is then distributed according to Intestate Law. These Intestacy Laws name the beneficiaries and the amount to which they are entitled.
WHEN IS A WILL EFFECTIVE?
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 destruction of the Will itself by the testator. The Will which may be probated is the last Will signed by the testator.
MUST A WILL BE WITNESSED?
No, but two witnesses, subscribing or non-subscribing, must appear at the Register of Wills’ office at the time of probate to prove the validity of the will. Subscribing witnesses may appear before a notary. A Will witnessed by subscribing witnesses can better survive a Will contest because the testator’s legal capacity to make a will is presumed. Wills can be made self-proven if the testator signs proper acknowledgements and affidavits and witnesses at the time of execution self-proving wills eliminate the need for the witnesses appearing at the Register of Wills office.
WHEN SHOULD A WILL BE CHANGED?
The disposition of one’s property is determined by many personal factors including family, personal relationships, and interests in charities. A Will should be changed when those relationship change. Examples of this could be divorce or death.
IF I AM NAMED IN A WILL, CAN I SIMPLY ASSUME RESPONSIBILITIES TO CARRY OUT THE TERMS OF THE WILL?
Before any individual or institution is legally eligible to take possession of the assets of an estate, he or she must have authorization by the Court to do so. The Register of Wills grants this authority in a document called Letters of Testamentary after the will has been probated (or proven to be authentic).
IF A SHORT CERTIFICATE IS NEEDED TO LIQUIDATE OR RECEIVE CERTAIN ASSETS OF A DECEDENT, CAN I PURCHASE ONE FROM THE REGISTER OF WILLS?
Once an individual or institution has court authorization to take possession of any assets, a short certificate may be required before those assets can be released. As many short certificates as necessary may be purchased from the Register of Wills office after the formal opening of an estate or probate of will.