Klenk Law

What if we never find my father’s will?

Posted on Tue Sep 1, 2015, on Delaware

From our “Ask a Question” mailbag: My father became ill the year before his death. I think that in the confusion his Will was thrown away. What if we can never find my father’s Will?

If you can locate a copy of the will, and if it can be shown that your father did not wish for it to be revoked, then the copy might be accepted. If you cannot even find a copy of the Will, then your father will be deemed to have died without a Will, and his estate can be opened with the Register of Wills as an Administration. The person appointed to manage the estate is then not an “executor,” but is called the “Administrator.” Your father’s assets will then be divided up under the Pennsylvania Rules of Intestacy. I could assist you in determining your share of the estate if I had more information about what family members survived your dad.

If you have any other questions about Probate, feel free to contact our office for a free consultation.

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