How Do You Get Letters Testamentary in Westmoreland County?
You apply to the Westmoreland County Register of Wills, which probates the will and grants letters to the executor it names. The office is at 2 N. Main Street, Suite 301, on the third floor of the Courthouse Annex in Greensburg, open Monday through Friday from 8:30 a.m. to 4:00 p.m., and its phone number for estate matters is (724) 830-3177. Under 20 Pa.C.S. § 3132, the will must be proved by two competent witnesses unless it was made self-proved under § 3132.1.
Westmoreland County changed its probate costs recently, and one change helps executors who live elsewhere. A court administrative order dated June 3, 2024, amended the Register of Wills bill of costs effective July 1, 2024, adding a $100 fee for virtual probate services and a $50 commission for out of county oaths, according to the county's news notice. The same notice says the Register may again collect the full $40.25 per case Judicial Computer Project and Access to Justice surcharge after its 2023 reauthorization. This guide covers what the Register does, what to bring, options for out-of-town executors, the deadlines that start once letters are granted, and what happens if someone objects. It explains how the process generally works and is not legal advice.
What Does the Register of Wills Do?
Letters testamentary are the document the Register of Wills issues to show that the executor named in a will has authority to act for the estate. When there is no will, the Register grants letters of administration to an administrator instead. Banks, brokerages and title companies ask for proof of that authority before they will deal with an estate.
In Westmoreland County, the Register of Wills is also the filing and docketing office for the Orphans' Court division, the part of the Court of Common Pleas that handles estates. The county's Estates page explains that estate cases are assigned to a judge by the Register of Wills office when the first issue is raised, and that audits of estate accounts are heard by the miscellaneous judge.
Our post on the difference between probate and estate administration in Pennsylvania explains where letters fit in the larger process.
What Should You Bring to Probate a Will?
Start with the original signed will. A copy creates problems: in In re Estate of Wilner (2016), the Pennsylvania Supreme Court allowed a copy of a lost will to be probated, but only on clear and convincing evidence after years of litigation.
Next, plan for proof. Section 3132 says all wills are proved by the oaths or affirmations of two competent witnesses. If the will has a self-proving affidavit under § 3132.1, signed by the witnesses before a notary or other officer, the Register accepts it as proof without that testimony. If it does not, arrange for two people who can identify the signature, preferably the witnesses who signed the will.
The county publishes a probate form packet, and fees depend on the current bill of costs. Call the office before your visit to confirm what it needs for your appointment.
What If the Executor Lives Outside Westmoreland County?
Some executors live in another county or another state. The July 2024 fee changes list two services that address that: virtual probate services for $100 and a commission for out of county oaths for $50. Ask the Register's office how each one works for your situation before you schedule anything.
Our firm has developed a process for out-of-state executors of Pennsylvania estates. Learn more on our out-of-state executor page.
What Must You Do After Letters Are Granted?
Several deadlines start right away. Here are the main ones in order:
Advertise the estate. Under 20 Pa.C.S. § 3162, the personal representative publishes notice of the grant of letters once a week for three successive weeks in a newspaper of general circulation and in the legal periodical designated by court rule, asking creditors to present claims.
Send notice to beneficiaries and heirs. Pennsylvania Orphans' Court Rule 10.5 requires written notice of estate administration within three months after the grant of letters to every beneficiary named in the will, the decedent's spouse and children whether or not they are named, and intestate heirs where there is an intestacy, among others.
File the certification. Within ten days after giving that notice, the personal representative or counsel files a certification with the Register that notice was given.
Check for Medical Assistance. If the decedent was 55 or older, 62 P.S. § 1412(b) requires the executor to find out whether the decedent received Medical Assistance in the five years before death and, if so, notify the Department of Human Services.
File the inheritance tax return. The REV-1500 is due within nine months of death, with a 5 percent discount on tax paid within three months.
Missing these steps can create personal exposure. Our posts on an executor's duties and responsibilities and whether an executor can be held personally liable in Pennsylvania explain why.
What Happens If Someone Objects?
The county's Estates page lays out the local procedure. A party who objects files written objections with the Register of Wills, serves copies on the attorney of record, and presents the objections to the judge with a scheduling order. The Register assigns the estate to a judge when the first issue is raised.
At the end of an estate, audit dates and the final day for filing accounts are advertised in the Westmoreland Law Journal, and attorneys must present petitions for distribution and proposed decrees to the Orphans' Court administrator for review before the audit date under Westmoreland County Orphans' Court Rule WO102(d).
Is There a Difference Between Letters Testamentary and Letters of Administration?
Yes. Letters testamentary go to an executor named in a will. Letters of administration go to an administrator, most often when there is no will. Both give the personal representative authority to gather assets, pay debts and taxes, and distribute the estate, and both carry the same deadlines listed above.
If you are deciding whether to hire counsel, our post on how to find a probate attorney in Westmoreland County covers what to look for.
FAQ
Where is the Westmoreland County Register of Wills?
At 2 N. Main Street, Suite 301, on the third floor of the Courthouse Annex in Greensburg. The office is open Monday through Friday, 8:30 a.m. to 4:00 p.m., at (724) 830-3177.
Can I probate a will without coming to Greensburg?
The Register's bill of costs includes a $100 fee for virtual probate services, added July 1, 2024. Call the office to confirm whether it fits your estate.
How long do I have to notify beneficiaries?
Rule 10.5 requires notice within three months after letters are granted, and a certification to the Register within ten days after the notice goes out.
Do I have to advertise the estate?
Yes. Section 3162 requires notice once a week for three successive weeks in a newspaper of general circulation and the legal periodical designated by rule.
What if the will was never witnessed?
It can still be probated if two competent witnesses can identify the testator's signature under § 3132.
What if I cannot find the original will?
Talk with an attorney before going to the Register. Proving a lost will is possible but harder, as Estate of Wilner shows.
Probate Help in Greensburg From David K. Lucas & Associates
David K. Lucas & Associates PLLC is located at 140 South Main Street, Suite 301, in Greensburg. Attorney David K. Lucas handles estate administration and probate for families across Westmoreland County and the surrounding counties, and the firm helps executors with filing the will, managing and distributing assets, calculating tax liabilities and finalizing the estate. Learn more about being appointed executor.
Visit David K. Lucas & Associates or call 724-836-3300 today. Contact us for more information.
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