Author: D Montross

A short certificate cannot be issued until after the estate has been formally probated. At Probate an individual, or institution, would have to be appointed first, to legally handle the affairs of the decedent’s estate. Once that individual or institution has been legally appointed by our office, they can then purchase a short certificate. We do recommend you contact your attorney or legal counsel to start this process.

Those who cannot afford a lawyer, can contact legal aid to see if they can assist.

We require two (2) originals; one is maintained in office and one is sent to Harrisburg.

A Will is a written document signed by a person at least 18 years of age and of sound mind, which directs the manner of distribution of assets owned by the decedent at the time of death.

An administrator(trix) can be appointed by the Register of Wills to handle the administration of the estate of a person who dies intestate. The Pennsylvania Probate Code enumerates the individuals or institutions entitled to administer an intestate estate. The decedent’s estate is then distributed according to the Rules of Intestate Succession. The Intestate Laws name the beneficiaries and the amount to which each beneficiary is entitled. The Rules of Intestate Succession may not comport with the wishes of the decedent regarding the distribution of his/her assets.

“Living” persons do NOT have their wills registered or retained by the Register of Wills office in Wyoming County. Original wills are not filed with the Register of Wills of Wyoming County until after death. Prior to death, original wills are usually kept in a safe place by the person who wrote the will, retained by the attorney who prepared the will, or a safe deposit box.

One of the biggest misconceptions associated with the Register of Wills office is that wills are filed here before a person’s death. Wills are filed with this office AFTER a person’s death. If you are attempting to locate the original will of a decedent, the following suggestions may be helpful: a safe place the decedent would have kept important papers at their residence, try the decedent’s attorney or a safe deposit box.

Yes. A will is a written document that speaks for you after you die. It can help your family avoid conflict after your passing, and you can address how you want your property and assets to be distributed.

A will is in effect when signed by the person making the will. A will does not become operative until that person dies, it is probated, and a personal representative is appointed. A will may be revoked at any time prior to death by the execution of a subsequent will or codicil. The document admitted to probate will be the last will signed by the testator.

Estates are typically opened within a year of the date of death. Depending on individual circumstances, the amount of time it takes to open an estate will vary. A personal representative has up to 21 years from the date of death of the decedent to open an estate without obtaining a court order.

No, a will does not need to be witnessed. However, a witnessed and properly acknowledged will (self-proving will) eliminates the necessity for witnesses to prove the execution after the death of the decedent. When a will is not witnessed, two non-subscribing witnesses will be required to verify the validity of the decedent’s signature on the document at the time of Probate. A will witnessed by subscribing witnesses at the time of execution would better survive a will contest because the testator(trix)’s legal capacity to make a will can be verified more easily.

No, before an individual or institution is legally qualified to take possession of the assets of a decedent, he or she must have proper authorization to administer the assets of the decedent. The Register of Wills grants this authority at the time of probate.

No. Anyone may write a will for himself/herself. However, professional assistance in writing a will is highly recommended in order to avoid errors and omissions in the document. A will must be witnessed by two adults and notarized properly in order to be self proving.

An original will is required to Probate an estate. If the original will cannot be located, you would petition the court for an order to probate a copy.

Pennsylvania law does not state that a person must have an attorney to open an estate, but it is highly recommended. Please understand that our staff cannot provide you with legal advice. If you choose to do the estate without the assistance of an attorney (Pro Se), you will be acting as your own counsel (Pro Se).

When an individual has died, it is often necessary to follow formal procedures in order to settle the estate. This process is called estate administration. Requirements are established by state and federal laws, which must be followed. Administration includes procedures and requirements relating to the collection of assets, satisfying debt obligations, expenses, taxes, and distribution of property to the heirs and beneficiaries.

A personal representative is the individual charged with administration of an estate. If an individual has executed a will during his or her lifetime, the will should designate the personal representative, who is called an executor(trix).
If the decedent did not have a will (intestate), an Administrator(trix) can be appointed to handle the estate. The Pennsylvania Probate Code establishes the individual(s) or institutions entitled to administer an estate of a person who has died without a will (intestate). The decedent’s estate is then distributed according to the Rules of Intestate Succession.

An attorney should be contacted to discuss the matter with those close to the deceased. The lawyer will provide advice, determine whether administration will be required, and explain what procedures will be involved. If a will is found, the person named as executor(trix) should protect the will and give it to the attorney at the first consultation.
* Check list for Grant of Letters and estate filings for when you arrive at the Register of Wills office include but are not limited to:
1. Completed Petition for Grant of Letters
2. Original Death Certificate
3. Original Will and Codicil (if applicable)
4. Affidavits and Oaths (if applicable)
5. Renunciations (if applicable)
6. Fees

* Additional requirements of Personal Representative for the Register of Wills office:

Within three (3) months of Grant of Letters
1. Pa. O.C. Rule 10.5 Certification of Notice to Heirs

Within nine (9) months from date of death
1. Rev-1500 Inheritance Tax Return in duplicate, along with copy of Will (if applicable).
2. Pay Inheritance Tax (if applicable).
3. File Inventory (if applicable).

Within two (2) years from date of death and annually until the estate is complete
1. Pa. O.C. Rule 10.6 Status Report

The Register of Wills cannot calculate payments or correct inheritance tax billing errors. Please contact your attorney or contact the Department of Revenue for assistance at: 717-787-8327 (Harrisburg) or 570-963-4585 (Local).

Inheritance tax payments are due within nine (9) months from the date of death. However, if you pay within three (3) months from the date of death, you will qualify for a 5% discount. Interest is charged on the amount of tax unpaid after nine (9) months.

The Register of Wills serves as an agent for the Commonwealth in the collection of the tax. The inheritance tax check is made payable to “Register of Wills, Agent.” You can deliver or mail all inheritance tax payments to:
Wyoming County Register of Wills
1 Courthouse Square
Tunkhannock, PA. 18657

The inheritance tax return is to be filed in duplicate with the county where the decedent was a resident. When filing with Wyoming County we require two (2) originals; one is maintained in office and one is sent to Harrisburg. You can deliver or mail the two (2) originals to:
Wyoming County Register of Wills
1 Courthouse Square
Tunkhannock, PA. 18657

If you would like a time stamped copy returned to you, please send a copy of the first page of the return or full return along with a self-addressed stamped envelope (of sufficient size and postage).

An application of extension for filing the return may be requested through the state.

All real property and all tangible personal property, including, but not limited to, cash, automobiles, furniture, antiques, jewelry, etc., located in Pennsylvania. All intangible property including stocks, bonds, bank accounts, loan receivable, etc., are taxable regardless of where it is located. Jointly owned property, except between married spouses, including but not limited to, real estate, securities, bank accounts etc., with the right of survivorship, is taxable.

Yes. Unsatisfied liabilities incurred by the decedent prior to his/her death are deductible against his/her taxable estate. In addition to debts incurred by the decedent or the estate, the cost of administration, attorney fees, fiduciary fees, funeral and burial expenses including the cost of a burial lot, tombstone or grave marker, and other related burial expenses, are deductible.

Under the Inheritance Tax Law, the account was jointly owned because you and your mother had equal access to the account. Therefore, in this example the survivor is taxed on one-half of the amount in the account.