What Does the Register of Wills Do?

Wills & Documents

This elected county official decides if a document should be accepted as the Last Will and Testament of the deceased. The official also determines who is authorized to administer the estate, and collects payments toward Pennsylvania’s Inheritance Tax. If an executor fails to qualify, or if you die without a valid Will, the Register typically grants administration of the estate to the next of kin. If there’s a dispute as to whom should administer the estate, the Register decides.

See more FAQs

Do I need a Lawyer to create a Will?

No. But a well-crafted will can….

  • ensure that your final wishes can't be contested.
  • help avoid confusion and painful family disputes.
  • safeguard your heirs from taxes and litigation.
What are common mistakes when creating a Will?
  • You forget to update your Will after a divorce, losing a friend or gaining new relatives.
  • You fail to assign a back-up if a beneficiary dies before receiving their assets.
  • You appoint an executor who is unable or uninterested in administering your estate.
  • You fail to choose a guardian for your children under 18, or to clearly say when and how they receive their inheritance.
  • Simple errors of spelling or grammar can block distribution of your assets.
  • Hiring an inexperienced lawyer could result in expensive taxes or financial losses for your heirs.
Do I need both a Living Will and a Medical POA?

Completing both a Living Will and a Medical Power of Attorney enables your surrogate to review your medical records, get information from your care team, and specify your doctors and treatment. If the doctor sees no chance for recovery, or if you have expressed a desire to avoid specific medical measures such as a ventilator, your surrogate may also refuse medical care.

Should My Will Create a Trust?

Trusts are designed to shelter the inheritance from in-laws, creditors or a former spouse. A Dynasty Trust defines how funds are used for your child’s benefit, and at what age he or she can control them. Your Will can appoint a Trustee to manage your child’s trust and work with the Guardian to pay the child’s expenses - typically until age 18, when the Trustee will collaborate with the child. A Disclaimer Trust protects your spouse’s assets from creditors or a future husband or wife, and gives your spouse the option to apply the protection or not.

What State Rules govern wills in Pennsylvania?

A person signing their Last Will and Testament must be of sound mind, and acting of his or her own free will. Your will must also be signed by two witnesses. If the Will is notarized, it is considered self-attesting. This eliminates the need for your witnesses to appear in court to authenticate your signature.

What Does the Register of Wills Do?

This elected county official decides if a document should be accepted as the Last Will and Testament of the deceased. The official also determines who is authorized to administer the estate, and collects payments toward Pennsylvania’s Inheritance Tax. If an executor fails to qualify, or if you die without a valid Will, the Register typically grants administration of the estate to the next of kin. If there’s a dispute as to whom should administer the estate, the Register decides.

On what Basis can a Will be Challenged?

Wills are frequently challenged on grounds including forgery, lack of capacity or undue influence. The Register of Wills hears testimony on these challenges, and makes a decision to accept or reject the Will.

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Who should I pick as my Medical Power of Attorney?

Choose carefully! If you select the wrong Surrogate, your wishes may not be respected. Not everyone is able or willing to make the decision to turn off your life support. Communicating your wishes to your surrogate, family and close friends can prevent conflicts regarding who should be making decisions and what you wished for.