CHAPTER 9
 
 
LODGING AND COMPELLING
PRODUCTION OF A WILL

 

 
 
 
 
 

A person holding the original last Will of a decedent may lodge (i.e., deposit) the Will with the Register for safekeeping pending further proceedings. This procedure ensures that the Will is available for probate and prevents delivery of the Will to the wrong party. The person lodging the Will should obtain a receipt from the Register.

Upon the petition of a party in interest, the Register has the power to order any person within Pennsylvania having possession or control of a decedent's Will to deposit it with the Register. A citation will first issue directed to the person alleged to have possession or control to show cause why the Will should not be lodged with the Register and, absent a showing of good cause, the Register will order such person to deliver the Will to the Register (Appendix B, Form No. 4).

The procedure for filing the petition, serving the petition and citation, and scheduling a hearing is described in Chapter 11.