Pennsylvania Probate Court Records

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    In Pennsylvania, probate is the legal process of opening an estate for a deceased person and appointing representatives to manage the estate's affairs. This involves activities within the responsibilities of the Registers of Wills, such as validating a will, granting letters of administration, and maintaining inventories of estates. When these matters require court action, they are typically heard in the Orphans' Court in the county where the decedent lived or owned real estate. The documents generated through these proceedings are referred to as Pennsylvania probate court records.

    Probate court records in Pennsylvania serve several vital functions. They ensure the proper administration of a deceased person's estate according to their wishes and protect the interests of their heirs and beneficiaries. Additionally, these records ensure that appropriate care is provided for any minors or incapacitated adults. The public can also access these records for various reasons, including historical research, tracing family lineage, and verifying property ownership.

    Pennsylvania probate proceedings are regulated by Title 20 of the Pennsylvania Consolidated Statutes and Pennsylvania Orphans' Court Rules. Meanwhile, records access falls under the public record policies of Pennsylvania's Unified Judicial System.

    Are Pennsylvania Probate Court Records Public?

    Yes. Probate proceedings in Pennsylvania are open to any interested party, and the records generated from these proceedings are considered part of the state's public documents. This aligns with both common law and the Pennsylvania Constitution, which establishes a presumption of public access to judicial records, as well as § 213.81 of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, which expressly provides public access to documents filed and maintained by a court within the state.

    Nevertheless, some probate court records may be subject to exemptions imposed by a court order or an applicable statute:


    Information Contained in Pennsylvania Probate Court Records

    Pennsylvania probate court records encompass numerous documents related to probate proceedings, such as:

    • Estate dockets
    • Inheritance tax dockets
    • Letters testamentary and letters of administration
    • Wills
    • Estate inventories
    • Administrator bonds
    • Petitions and other court filings (affidavits, certification of notice, consent and oath, renunciation, notices, etc.)
    • Court decrees and orders

    The documents and information contained within a Pennsylvania probate court file can vary significantly, depending on factors such as the estate's circumstances, the specific documents filed, the nature of the proceedings, and the court system involved. Nevertheless, reviewing a probate case file offers a comprehensive insight into the decedent's personal affairs, financial situation, and legal standing.

    For example, a probate case file may reveal the value of the decedent's assets, their personal wishes, distribution preferences among heirs and beneficiaries, as well as any outstanding debts and legal interests. One may also leverage probate court records to conduct general genealogical research.

    How to Search for Pennsylvania Probate Court Records

    Requesters may follow these processes when searching for Pennsylvania probate court records:

    Determine the Location of the Record

    Pennsylvania probate court records are maintained at the county level across all 67 counties by the Clerk of the Orphans' Court, who also serves as the Register of Wills. The appropriate court is that in the county where the decedent was domiciled at the time of death. Submitting record requests to the wrong office will result in unfulfilled requests and delays in obtaining the records.

    Query the Appropriate Registers of Wills and Clerk of the Orphans' Court

    After confirming the location of the record, the next step is to get in touch with the record custodian through their designated channels. Generally, requesters can conduct in-person lookups at the Office of the Register of Wills/Clerk of the Orphans' Court during regular administrative hours. However, depending on the county, additional methods for accessing records, such as online portals, mail, or email, may also be available. Requesters are encouraged to visit the custodian's official website or contact the clerk's office directly to confirm the specific procedures for requesting records.

    Request and Review Records

    Requesters should allow time for the clerk's office to process their requests and may be required to pay applicable fees to obtain copies of the records. The method of receiving records depends on how the request is submitted. For instance, records requested by mail are sent to the address provided by the requester.

    How to Request Pennsylvania Probate Court Records Online

    Pennsylvania's online case information system does not include court records from the Orphans' courts. Consequently, requesters must rely on remote access systems provided by local courts. One can verify whether an Orphans' Court offers online access to probate records by visiting the court's official website and looking for sections or links related to records or online services. For example, Washington County Orphans' Court highlights online portals for accessing current and historical probate court records on its official website.

    In Pennsylvania, the Register of Wills also acts as the Clerk of the Orphans' Court, leading to an overlap in their record-keeping duties. Consequently, some counties provide access to online probate court records and general probate documents through a single platform on the Register of Wills website. For example, Lancaster County's Register of Wills offers a unified "Probate Record Search" platform for both types of files.

    That said, counties offering remote access to probate court documents often limit the scope of information available on their online platforms. As a result, the types of records accessible online can vary from county to county. Nevertheless, online probate court record searches require the requesters to search using various parameters, like the decedent's name, case number, case category, or filing date.

    How to Access Pennsylvania Probate Court Records In Person

    The Office of the Register of Wills and Clerk of Orphans' Court in Pennsylvania counties generally accommodates in-person requests for probate court records during regular business hours. Requesters can verify hours, procedures, identification requirements, and other details by consulting the clerk's website. For example, while offices like the Montgomery County Clerk of the Orphans' Court do not require appointments for in-person record requests, others, such as the Bucks County Register of Wills/Clerk of Orphans' Court, require individuals to call ahead to schedule an appointment.

    Walk-in requesters may seek assistance from office staff when trying to obtain records. Although staff members are not allowed to provide legal advice, they can guide visitors toward the proper resources and procedures for their search. Many offices also have public access kiosks, which interested parties can leverage to search for and view records by themselves.

    Depending on the type of records requested and the office's policies, case information may be provided the same day or after a waiting period to allow for proper processing. For example, archived files typically require more processing time than active records.

    How Long Are Pennsylvania Probate Records Available?

    According to the Pennsylvania County Records Manual, most records from the Registers of Wills and Clerks of Orphans' Court across Pennsylvania, including estate papers and will books, are retained permanently for administrative, legal, and historical purposes. A few exceptions include bond dockets and inheritance tax reports, which have a retention period of 2 years before they are eligible for destruction.

    It is noteworthy, however, that although most probate court documents are permanently retained, older paper records may be legally disposed of in some instances, provided it is verified that complete digital copies exist. Older records may also be moved from their on-site locations to designated archives offices to ease storage in some counties. For example, Chester County probate court records earlier than 1924 are in the possession of the Chester County Archives Department and not the county's Register of Wills/Clerk of Orphans' Court.

    Pennsylvania Probate Courts: What You Need to Know

    Unlike some other states, Pennsylvania's probate court, the Orphans' Court, does not operate an independent court system. Instead, it is one of the three specialized divisions of the Court of Common Pleas-the state's general trial court with 60 judicial districts. The Orphans' Court division has original jurisdiction over matters relating to

    • Decedent's estates
    • Wills
    • Trusts
    • Adoptions
    • Guardians of the persons/estates of minors and incapacitated persons
    • Estate tax matters
    • Termination of parental rights
    • Marriage licenses
    • Inheritances
    • Civil commitments
    • Nonprofit associations

    Orphans' Courts can also issue certified copies of birth and death certificates.

    While the number of judges assigned to the Orphans' Court varies by county, every Orphans' Court has an administrative judge who oversees the division. As with other divisions of the Court of Common Pleas, appeals from the Orphans' Court go to the Superior Court of Pennsylvania.

    Can You Access Probate Records for Free?

    Yes. Individuals may access most Orphans' Court records for free, provided they inspect them in person at the Register of Wills/Clerk of the Orphans' Court office or remotely via an official online portal. However, research fees may apply, depending on the search method or the time and effort spent in locating the records on the requester's behalf. For example, the Dauphin County Clerk of the Orphans' Court charges $50 per name in research fees.

    Furthermore, fees are often assessed for reproduction of documents (photocopying, certified copies, exemplification of records) and remote access through third-party aggregators. Every Clerk of the Orphans' Court operates their own fee schedules for accessing copies of documents. Requesters are therefore advised to contact the specific Clerk of the Orphans' Court for accurate rates.

    What to Do If You Can't Find a Probate Record

    One may experience difficulty locating probate court records in Pennsylvania if they search the wrong Register of Wills/Clerk of the Orphans' Court office. Requesters should remember that, in Pennsylvania, estates are generally probated in the county where the decedent was domiciled at the time of death.

    Researchers can also try searching names in different forms or using approximate dates when unsure of the exact filing date. If these best practices fail, requesters should seek assistance from local court clerks, who often provide the best guidance. If records are still not found, it may be because the estate qualified for a simplified procedure (small estate affidavit) that required fewer filings, or because the estate was never probated.

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