The Short Answer

In Pennsylvania, if someone who is supposed to have the will (including a nominated executor) refuses to turn it over, an interested person can ask the county Register of Wills to issue a citation compelling that person to deposit the will. If the person cannot show good cause for withholding it, the Register can order the will to be filed.

What Pennsylvania Law Says

Probate in Pennsylvania is handled through the Register of Wills in the county where the decedent lived. When a will is being withheld, Pennsylvania law provides a direct mechanism for an “interested party” (for example, a beneficiary or heir) to ask the Register to force production so the estate can move forward.

The Statute

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

This statute establishes that, at the request of any 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 requiring them to show cause why it should not be deposited; absent good cause, the Register orders the will to be deposited.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If probate moves forward without the correct document (or someone tries to probate an earlier will), timing can affect what options you have to challenge or correct the record.
• Burden of Proof: You typically need enough facts to credibly allege who has the will (or controls it) and why the Register should issue a citation under 20 Pa.C.S. § 3137.
• Exceptions: The person withholding the will may claim “good cause,” dispute whether they have control of the original, or raise issues about later wills/codicils—each of which can change the strategy and the forum.

Just as importantly, “executor” status usually does not become official until the Register issues letters. If someone is acting like they’re in charge but won’t produce the will, an attorney can move quickly to protect the estate, push the matter into the proper court process, and reduce the risk of assets being mishandled while everyone waits.

If you want more background on related issues, you may also find these helpful: accessing Pennsylvania probate records when information is being withheld and what to do if the original will can’t be found.

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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.