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Register of Wills

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1. What services does the Register of Wills Office provide?

The register of wills probates wills and appoints representatives for decedents who die with or without a will. The decedent must have been a resident of Montgomery County at the time of death. The register also serves as an agent for the Commonwealth of Pennsylvania for filing and payment of inheritance taxes.

2. Are all wills open to the public?

Yes, all records are available to the public, unless impounded. Call 610-278-3400 for more information.

3. What does it mean to register a will?

This is the process known as probate of the will. The procedure requires that the original will be brought to the office where it is examined for proper execution. Such things as signatures of the decedent and witnesses are checked. Due to the complexities of proper execution, it is strongly recommended that you contact an attorney for the preparation and probate of a will.

4. Why is a will registered or probated?

There are many reasons to register a will. Chief among these is the transfer of property, real estate, or personal, from the decedent to beneficiaries.

5. What is probate?

Probate is the procedure by which a will is proved to be valid or invalid according to the laws of the Commonwealth of Pennsylvania; and the appointment of the executor or executrix.

6. What does the word intestate mean?

Simply put, it means to die without a will.

7. The decedent died without a will. Now what do I do?

If there are assets that must be transferred from the decedent to beneficiaries, you must come to the Register of Wills office. If you qualify, you may be appointed estate administrator.

8. What is a short certificate?

A short certificate is a document that is certified proof of the appointment of the estate’s personal representative (executor or administrator). It is required to gain access to the assets of the decedent. The word short refers to the size of the document.

9. Why do you keep the original will?

We are required by law to retain the original will. Since all records in this office are kept forever, the original document will always be available in paper form or on microfilm. It is recommended that you make a copy of the original will for your records before you come to the office.

10. Does a will get registered or filed after it is written?

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.

11. I cannot find the original will. I only have a copy. What can I do?

We suggest that you contact an attorney for the form of the petition that must be prepared and presented to the Register of Wills to accept a copy of the will for probate.

12. What is a testator?

A testator is the person who wrote the will.

13. What are letters testamentary and letters of administration?

This is a document issued by the Register of Wills authorizing a particular person (s) to act as the personal representative of the decedent’s estate. If the person died with a will, the document is referred to as letters testamentary. If the person died without a will, the document is called letters of administration.

14. Do I need an attorney to apply for letters testamentary or letters of administration?

No. However, due to the complexity of the process, it is strongly recommended that an attorney be engaged. This office provides the forms but cannot offer any direction or legal advice as to the preparation.

15. Who can be appointed administrator?

The order of appointment is very detailed and specific. Usually, the spouse is the first one to qualify. If there is no spouse, then the children can apply to be appointed. These situations often require the advice of an attorney.

16. What do I need when I come to the office to open the estate?

• Original will - if the decedent had one. This office keeps the original will.
• Death certificate
  Person(s) who can qualify as executor(s) or administrator(s)
• Approximate value of the decedent’s estate. This is the value, as of date of death, of the real estate and personal property of the decedent. You must determine what items constitute the decedent’s estate. The staff may not assist you with this valuation. We suggest you consider this before you come into the office and discuss this matter with a professional, if necessary.
• Check or cash for probate fees. This amount varies based on the value of the decedent’s estate as discussed in #4. You may call prior to coming in to obtain an estimate of what the fees may be (610-278-3400.

17. Does your office assist in the preparation of the inheritance tax return?

No. This office functions only as an agent for the filing of the inheritance tax return and the payment of the inheritance tax. This means that we accept the return and payment and send them to the Commonwealth. The staff is not trained to give direction or advice concerning the correct completion of the return or calculation of the tax. If you have questions that are not answered in the return instruction booklet, you should contact an attorney or an accountant for assistance. The Inheritance Tax Booklet with instructions is provided by this office at the time that the estate is opened. You may also download forms and instructions from the following website: Inheritance Tax Department

18. Does the law require the signature of the testator to be witnessed at the time of signing?

No. The law does not require eyewitnesses (subscribing witnesses) to the signature of the testator in order for the will to be valid. However, it is the custom to have two subscribing witnesses present since at the time of probate, two witnesses, subscribing or non-subscribing, must appear and identify under oath the signature of the decedent on the will. Wills can be made self-proven if proper acknowledgements and affidavits are signed by the testator and witnesses at the time of execution. Self-proving wills eliminate the need for the witnesses appearing at the Register's Office.

19. What property passes by wills?

Property owned solely in the name of the decedent passes by will. Property owned by the entireties (husband and wife), jointly or in the trust does not pass by will. Advice as to what specific property does or does not pass by will and what property is or is not subject to Pennsylvania inheritance taxes should be obtained from your attorney.

20. Is there any time limitation on the validity of a will?

No. A will does not expire or become invalid because of the passage of time. It becomes operative when a person dies. A person may make many wills in their lifetime. The last will of the person before death is the valid one.

21. Are life insurance proceeds subject to Pennsylvania inheritance tax?

No. Life insurance proceeds are exempt from the Pennsylvania Inheritance Tax provided that the decedent died after December 13, 1982.

22. Are transfers made prior to the decedent's death subject to Pennsylvania inheritance tax?

It depends. Transfers made within one year of the death of the decedent, if made without valuable and adequate consideration in money or monies worth at the time of the transfer, is taxable to the extent that the transfer exceeds $3,000 per transferee during any calendar year. Property that was transferred with the decedent retaining a life interest in same is also taxable.

23. Does Pennsylvania recognize convenience account?

No. Pennsylvania does not recognize convenience accounts. If an individual adds a name to an account and should the person added to the account pre-decease, the surviving person whose name remains on the account would be required to pay Pennsylvania Inheritance Tax on a portion of the account.

24. What are the spousal tax rates?

The rate of tax for transfers to a surviving spouse is dependent on the statute in effect as of the decedent's date of death. To view applicable rates and effective dates, please visit the following page: Inheritance Tax for Pennsylvania Residents

25. 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 by destruction of the will itself by the testator. The will which the register may allow to probate is the last will signed by the testator.