From our “Ask a Question” Mailbag: Contesting a Philadelphia Will
Most Recently Updated August 9, 2018.
“I may contest my father’s Will. He died recently in Philadelphia. How do I contest a Will in Philadelphia? Who will hear the case?”
Contesting a Philadelphia Will
Only an Interested Party can Bring a Will Contest.
A Will Contest is serious litigation. Each Will Contest begins with a Petition, but will likely end with a hearing that may take place well over a year in the future. To start, only an interested party can pursue a Will Contest. If your inheritance is diminished by the Will, you are an interested party. Or, in other terms, if a judge finds the Will invalid, your inheritance increases. Therefore, if the Will in question reduces your inheritance from what you would have received through your father’s prior Will, you are an interested party. If not, the court will dismiss your challenge.
Where do I File a Petition to Challenge a Will?
If you plan to contest a Will in Pennsylvania, we will file the Petition to start the process with the Orphans’ Court of the county in which the deceased resided. For example, if the deceased person was a resident of Philadelphia County, we file the Will with the Philadelphia County Register of Wills. As a result, we appeal the Will’s validity from the Register’s office, and a Philadelphia County Orphans’ Court judge hears the case.
The Venue for Your Will Contest is the Philadelphia County Orphans’ Court.
Owing to your father’s Philadelphia residency, the Will in question should reside with the Philadelphia Register of Wills. Under these circumstances, we appeal from the Register’s office and a Philadelphia Orphans’ Court judge will hear the case.
For more information, see my website page, “Will Contests and Will Challenges.”
Further Will Contest Questions?
Having an experienced attorney fight for you is one part of the Will Contest process. By all means, if you want to learn more, please read my more detailed article, Will Contests and Will Challenges All You Need to Know.
In Conclusion: Contesting a Philadelphia Will
I hope that this article was helpful in explaining Contesting a Philadelphia Will. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Will Contest Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Will Contest Attorneys. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.
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