Court Safekeeping of Original Wills in Pennsylvania

Short answer Pennsylvania § 3137 lets an interested party ask the register of wills to cite a person believed to hold a decedent’s will; absent good cause, the register orders its deposit. Section 921 then requires the register to index, record, and retain probated wills. These provisions address a decedent’s will and the probate record.
State
Pennsylvania
Statute checked
October 5, 2026
Sources
2 statutes

At a glance

Statutory safekeeping routeInterested party may seek ordered deposit of decedent’s will (§ 3137).
Who may depositPerson alleged to possess/control decedent’s will responds to citation (§ 3137).
Proper court or clerkRegister of wills; probated wills stay in register’s office (§§ 3137, 921).
Envelope and filing recordProbated wills indexed/recorded; photographic recording permitted (§ 921).
Fee and receiptCited §§ 3137 and 921 set no deposit fee or receipt procedure.
Custody before deathCited provisions concern decedent’s and probated wills; no lifetime custody terms.
Retrieval before deathCited provisions do not prescribe retrieval during testator’s life.
Notice after deathInterested party requests citation for decedent’s will; no clock stated (§ 3137).
Opening and release after deathProbated 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.

20 Pa. Cons. Stat. § 3137 · accessed 2026-10-05
20 Pa. Cons. Stat. § 921 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court’s authorized procedure before acting.

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