After someone passes away, one of the first legal questions families ask is:
Who probate a will?
It’s a great question — and one we hear often at Clause Law Group. If you’ve been left with a will and aren’t sure what to do next, this guide will help you understand who is responsible, how the process works, and where to begin.
What Does It Mean to “Probate a Will”?
To “probate a will” means to file the will with the court and start the official process of handling the person’s estate. This includes:
- Getting court approval to carry out the will’s instructions
- Paying off debts and taxes
- Distributing assets to the named beneficiaries
In Pennsylvania, probate takes place in the Register of Wills office in the county where the person lived when they passed away.
So… Who Probate a Will?
The person who probates the will is usually the person named in the will as the executor.
This person:
- Brings the will to the Register of Wills
- Applies for legal authority (called Letters Testamentary)
- Carries out the wishes written in the will
👉 If there’s no will, or if the person named as executor can’t serve, the court appoints someone — usually a close family member — to be the administrator instead.
What If I Have the Will?
If you’re holding the will or found it among the person’s belongings, you’re not automatically the executor — but you are responsible for filing it with the court. It’s against the law in Pennsylvania to knowingly hold onto a will and not file it after someone dies.
Not sure what to do with the will? Call us — we’ll help you take the right next step.
What If More Than One Person Is Named?
Sometimes a will names co-executors. If so, both people need to work together, unless one chooses to step aside. If there’s a disagreement or a problem, the court can step in to decide who takes over.
Clause Law Group Can Guide You Through It
Probating a will doesn’t have to be overwhelming. At Clause Law Group, we’ve helped families across Pennsylvania open estates quickly and handle every step the right way — with clarity and care.
Whether you’re named as executor, or just trying to figure out who should take charge, we’re here to help.
📞 Call us today at (570) 676-5212 to speak with an experienced Pennsylvania probate attorney.
