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Probate in Pennsylvania: Where do I start?

On Behalf of McMorrow Law, LLC

|

Oct 09, 2025

| Estate Planning

Probate is a legal process that guides the distribution of assets after someone passes away. The process begins in the county where the deceased person resided at the time of their death. The following will discuss the initial steps of probate in Pennsylvania, with information for Allegheny and Montgomery Counties.

Table of Contents

Step #1: Initiate probate in the correct county

When a person dies in Pennsylvania, the probate process starts in the Register of Wills office in the county where the deceased resided. For instance, if the deceased lived in Allegheny County, the probate process would begin at the Allegheny County Register of Wills. This office makes sure that when someone passes away, their will is handled correctly and follows all the rules in Pennsylvania.

To initiate probate, the executor named in the will must take several steps:

  • Locate the will: The executor must find the original will. This document is crucial for the probate process.
  • File a petition: The executor files various paperwork depending on the situation to move forward with probate with the Register of Wills in the appropriate county. One of the more commonly used forms is a petition that requests the court to validate the will and appoint the executor to manage the estate.
  • Provide necessary documents: In most cases the next step requires the executor to submit the original will, a certified copy of the death certificate, and any other required documents to the Register of Wills.

You can help better ensure the process moves forward smoothly by having proper documentation prepared when beginning the process.

Step #2: Understand the role of the Register of Wills

The Register of Wills reviews the submitted documents to confirm the will’s validity. Once they validate the will, the Register of Wills officially appoints the executor and issues letters testamentary. The letters provide the legal authority to act on behalf of the estate.

Starting the probate process in Pennsylvania requires careful attention to detail and adherence to legal procedures. By initiating probate in the correct county and following the necessary steps, the executor can set themselves up for an efficient process.