Court Safekeeping of Original Wills in Pennsylvania
At a glance
| Statutory safekeeping route | Interested party may seek ordered deposit of decedent’s will (§ 3137). |
|---|---|
| Who may deposit | Person alleged to possess/control decedent’s will responds to citation (§ 3137). |
| Proper court or clerk | Register of wills; probated wills stay in register’s office (§§ 3137, 921). |
| Envelope and filing record | Probated wills indexed/recorded; photographic recording permitted (§ 921). |
| Fee and receipt | Cited §§ 3137 and 921 set no deposit fee or receipt procedure. |
| Custody before death | Cited provisions concern decedent’s and probated wills; no lifetime custody terms. |
| Retrieval before death | Cited provisions do not prescribe retrieval during testator’s life. |
| Notice after death | Interested party requests citation for decedent’s will; no clock stated (§ 3137). |
| Opening and release after death | Probated will remains with register except required higher-court custody (§ 921). |
After-death production and register custody
Under § 3137, an interested party may ask the register to cite a person alleged to possess or control a decedent’s will. The citation calls for that person to show why the will should not be deposited; absent good cause, the register orders deposit. This procedure concerns a decedent’s will, and the cited statute does not establish a lifetime court-storage or retrieval process.
Once a will is probated, § 921 requires the register to index and record it and keep it in the register’s office, except for a period when a higher court requires custody. The statute permits photographic or another mechanical recording process.
What trips people up
A request by an interested party starts the § 3137 citation process. The provision states neither an automatic delivery deadline measured from death nor a fee or receipt for that process. Section 921 describes custody of a probated will, a later stage than an order to deposit a decedent’s will.
Common questions
Can the register require a will holder to explain why the will was not delivered? Yes. § 3137 directs the register to issue a citation at an interested party’s request and order deposit if the holder shows no good cause.
Can a probated will be held outside the register’s office? § 921 allows a period of custody required by a higher court; otherwise it says probated wills remain in the register’s office.
Statutes and sources
- 20 Pa. Cons. Stat. §§ 3137 and 921. Verbatim official text, source URLs, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
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