The Short Answer

In Pennsylvania, if an original will is being held (or you believe it is being held) by a court office or another person, there are legal tools to force the will to be deposited with the Register of Wills so it can be addressed in the estate. A death certificate is commonly required to open probate, but it is not, by itself, a guarantee that the office will release an original will to you—especially if there is any dispute about who should have it or whether a later will exists.

What Pennsylvania Law Says

When someone dies, the will is supposed to be available for probate in the proper county (generally where the person last lived). If a will is being withheld, Pennsylvania law allows an “interested party” to ask the Register of Wills to issue a citation requiring the person who has the will to show cause why it should not be deposited with the Register.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3137.

This statute establishes that, at the request of a party in interest, the Register of Wills must issue a citation to a person alleged to have possession or control of a decedent’s will, and (absent good cause) order the will to be deposited with the Register.

Separately, Pennsylvania law also contemplates situations where a later will or codicil appears after an earlier instrument has already been probated, which can change the direction of the estate and trigger notice requirements. See 20 Pa.C.S. § 3138.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially where there are red flags like dementia, a late-stage power of attorney, and concerns that a newer will may exist. Legal outcomes often depend on:

• Strict Deadlines: If an earlier will is probated and a later will surfaces, timing can matter. Pennsylvania law specifically addresses later wills submitted within three months of death after an earlier probate. See 20 Pa.C.S. § 3138.
• Burden of Proof: If you suspect a will was changed during dementia or under pressure from the agent under a power of attorney, proving lack of capacity or undue influence typically requires records, witness testimony, and careful legal framing.
• Exceptions and competing filings: The “clerk” may mean different offices (Register of Wills vs. Orphans’ Court filings), and there may be competing claims about who is entitled to possess or present the will. A citation under 20 Pa.C.S. § 3137 is powerful, but it must be used correctly and strategically.

Because you’re also describing potential misconduct under a power of attorney and a possible “new” will, it’s important to coordinate the will-production issue with a broader probate strategy. For more background, you may find these helpful: How Do I Contest a Will in Pennsylvania? and What Evidence Can Prove Undue Influence or Lack of Capacity in a Pennsylvania Will Contest?.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options—especially if you believe a will is being withheld or changed and a power of attorney was used improperly.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.