Petition for Probate of Will and for Grant of Letters Testamentary (Pennsylvania)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

In Pennsylvania, a will is probated and Letters Testamentary are granted by the
Register of Wills of the proper county (not by a judge in the first instance). The
Register requires the statewide Petition for Grant of Letters, Form RW-02 (rev.
10/11/2011), on which you complete Section A — Petition for Probate and Grant of
Letters Testamentary, the Oath of Personal Representative, and the Decree of
the Register. This template provides the substantive legal content to help you
prepare — you must transfer your content to Form RW-02 (available from each county
Register of Wills and from the Unified Judicial System at https://www.pacourts.us)
before filing. Do not file this document directly with the Register.

PETITION FOR PROBATE OF WILL AND FOR GRANT OF LETTERS TESTAMENTARY

BEFORE THE REGISTER OF WILLS OF [COUNTY] COUNTY, PENNSYLVANIA
(Orphans' Court Division, Court of Common Pleas of [COUNTY] County)

CAPTION AND FILE INFORMATION

1. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner, who is 18 years of age or older, is the Executor named in the Last Will of the Decedent and applies for the probate of the Will and the grant of Letters Testamentary under 20 Pa.C.S. § 3155(a).

Relationship of Petitioner to Decedent: [________________________________]

2. DECEDENT INFORMATION

3. JURISDICTION AND VENUE (20 Pa.C.S. §§ 3131, 3151)

a. The Decedent died testate on [__/__/____], leaving a Last Will dated [__/__/____] ☐ and Codicil(s) dated [__/__/____].

b. Place of probate / proper county. Probate and the grant of Letters are proper before the Register of Wills of [COUNTY] County under 20 Pa.C.S. § 3131 and § 3151 because:
☐ The Decedent was domiciled in [COUNTY] County, Pennsylvania at the time of death; or
☐ The Decedent was not domiciled in Pennsylvania but property of the Decedent was located in [COUNTY] County; or
☐ Other statutory basis: [________________________________].

4. ESTIMATE OF DECEDENT'S PROPERTY

Real estate in Pennsylvania is situated at: [________________________________].

5. THE WILL OFFERED FOR PROBATE (20 Pa.C.S. §§ 3132, 3132.1)

a. The original Last Will of the Decedent dated [__/__/____] ☐ and Codicil(s) dated [__/__/____] (the "Will") accompanies this Petition and is offered for probate.

b. Manner of probate. Under 20 Pa.C.S. § 3132, every will is proved before the Register by the oaths or affirmations of two competent witnesses, except that:
☐ The Will is self-proved under 20 Pa.C.S. § 3132.1 (acknowledgment of the testator and affidavits of the witnesses made before an officer authorized to administer oaths), and no further witness proof is required; or
☐ Proof is made by two subscribing witnesses; or
☐ Where applicable, proof is made under § 3132 by witnesses to the signature of the testator or of a subscribing witness.

c. Exceptions averment. Except as stated below, after the execution of the instrument(s) offered for probate the Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding in which grounds had been established under 23 Pa.C.S. § 3323(g), and did not have a child born or adopted; and the Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
☐ NO EXCEPTIONS ☐ EXCEPTIONS (state): [________________________________]

d. Subscribing / Proving Witnesses:

e. ☐ To Petitioner's knowledge the Will has not been revoked and is the Decedent's last will.

6. BENEFICIARIES UNDER THE WILL AND HEIRS

A. Beneficiaries named in the Will (devisees and legatees):

B. Surviving spouse and intestate heirs (for notice under Pa. O.C. Rule 10.5):

7. NOMINATION AND PRIORITY OF EXECUTOR (20 Pa.C.S. § 3155)

a. The Will designates [PETITIONER FULL LEGAL NAME] as Executor.

b. Under 20 Pa.C.S. § 3155(a), Letters Testamentary shall be granted by the Register to the executor designated in the will, whether or not that person has declined a trust under the will.

c. Petitioner is not disqualified under 20 Pa.C.S. § 3155(d): Petitioner has not been charged with voluntary manslaughter or homicide (other than vehicular homicide) in connection with the Decedent's death.

d. ☐ Each co-executor named who is not a petitioner: ☐ joins / ☐ renounces / ☐ has died (state circumstances): [________________________________].

8. BOND (20 Pa.C.S. §§ 3171, 3174)

a. ☐ Bond not required / waived by Will. The Will directs that the Executor serve without bond, and Petitioner requests that bond be dispensed with under 20 Pa.C.S. § 3174, subject to the Register's or Court's authority to require security.

b. ☐ Bond furnished. Petitioner will file bond in the amount fixed under 20 Pa.C.S. § 3171 sufficient to protect parties in interest.
☐ With corporate surety ☐ With individual sureties

c. Bond required on Form RW-02: ☐ YES ☐ NO. Estimated amount, if required: $[________________].

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Register of Wills:

a. Admit the Last Will (and any Codicil) of the Decedent dated [__/__/____] to probate and direct that it be filed of record;

b. Grant Letters Testamentary to Petitioner as Executor under 20 Pa.C.S. § 3155(a);

c. Determine bond as not required (per the Will / § 3174) or fix bond under § 3171;

d. Issue Short Certificate(s) of the grant of Letters as requested; and

e. Grant such other relief as is appropriate.

10. OATH / VERIFICATION OF PERSONAL REPRESENTATIVE

COMMONWEALTH OF PENNSYLVANIA, COUNTY OF [COUNTY], ss:

The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner, and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law.

Signature of Personal Representative: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to or affirmed and subscribed before me on [__/__/____].

______________________________________
For the Register / Notary / Officer authorized to administer oaths

11. NOTICE OF ESTATE ADMINISTRATION (Pa. O.C. Rule 10.5) AND ADVERTISEMENT (20 Pa.C.S. § 3162)

Written notice (Pa. O.C. Rule 10.5). Within three (3) months after the grant of Letters, the personal representative or counsel shall send written Notice of Estate Administration (in the Supreme Court-approved form) to every beneficiary named in the Will; the Decedent's spouse and children; intestate heirs (in any partial intestacy); guardians/custodians of minor or incapacitated beneficiaries; the Attorney General for charitable or governmental beneficiaries as required; and the fiduciary of any estate or trust beneficiary. A certification of notice must be filed with the Register within ten (10) days after the notice is given.

Advertisement (20 Pa.C.S. § 3162). The grant of Letters shall be advertised once a week for three (3) successive weeks in a newspaper of general circulation in the county and in the legal periodical, if any, designated by local rule.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
PA Supreme Court ID No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone / Email: [________________________________]

12. DECREE OF THE REGISTER (to be completed by the Register)

Estate of [DECEDENT FULL LEGAL NAME] File No.: [____________]

AND NOW, [__/__/____], in consideration of the foregoing Petition, satisfactory proof having been presented, IT IS DECREED that Letters Testamentary are hereby granted to [PETITIONER FULL LEGAL NAME] in the above estate, and that the instrument(s) dated [__/__/____] described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of the Decedent.

______________________________________
Register of Wills

ATTACHMENTS CHECKLIST

☐ Original Last Will (and any Codicil)
☐ Form RW-02 — Petition for Grant of Letters (Section A completed)
☐ Self-proving acknowledgment/affidavits (20 Pa.C.S. § 3132.1) or proof by two witnesses
☐ Certified copy of Death Certificate
☐ Estate Information Sheet (if required by county)
☐ Bond (20 Pa.C.S. § 3171) or statement that the Will directs no bond (§ 3174)
☐ Notice of Estate Administration and Certification of Notice (Pa. O.C. Rule 10.5)
☐ Proof of Advertisement of Grant of Letters (20 Pa.C.S. § 3162)
☐ Short Certificate request and fees
☐ Filing/probate fees payment