When and how do I file the oath of affirmation and affidavit of subscribing witnesses?: North Carolina probate - Pennsylvania
The Short Answer
In Pennsylvania, proof of a will is typically handled at the time you present the will to the county Register of Wills for probate (when you apply for letters). If the will is “self-proved,” the Register generally accepts the attached witness affidavit(s) instead of requiring the witnesses to appear—unless there’s a contest or the will was signed by mark/another person for the testator.
What Pennsylvania Law Says
Pennsylvania requires proof of a will through witness oaths/affirmations, and it also allows a streamlined option: a “self-proved” will supported by an affidavit of witness. Practically, the issue is less about “filing” a standalone document in advance and more about whether the will already includes a compliant self-proving affidavit (or whether witness proof must be obtained as part of the probate filing with the Register of Wills).
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3132.1 (Self-proved wills).
This statute establishes that, unless there is a will contest (or the will was signed by mark or by another person under the special execution rules), a witness affidavit that complies with the statute must be accepted by the Register as proof of the facts stated, as if the witness had appeared and sworn before the Register at probate.
Related rules also matter: Pennsylvania’s general proof requirement is described in 20 Pa.C.S. § 3132 (Manner of probate), and the law on who can administer the relevant oaths/affidavits (including for subscribing witnesses) is in 20 Pa.C.S. § 3154 (Affidavit and oath).
If you’re dealing with a missing original will, that can change the proof issues significantly—see Can I Probate a Copy of a Will in Pennsylvania Without It Being Treated as Revoked?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your situation is rarely simple. Whether the Register will accept an affidavit in place of live witness testimony can depend on details that are easy to miss, including:
- Strict Requirements for “Self-Proved” Status: The affidavit/acknowledgment must be properly executed and attached/annexed in the manner the statute requires. If it’s defective, you may be pushed back into live witness proof issues under the probate rules.
- Burden of Proof Problems: If witnesses are unavailable, out of state, deceased, or can’t be located, you may need alternative proof that satisfies the Register under Pennsylvania’s proof hierarchy. See What if the original will is lost or damaged in the mail before probate in Pennsylvania?.
- Exceptions That Trigger More Scrutiny: If there is a contest, or if the will was signed by mark or by another person for the testator, Pennsylvania law limits when a self-proving affidavit can substitute for in-person proof. That can affect whether the Register will accept the will as presented. (See 20 Pa.C.S. § 3132.1.)
Trying to handle this alone can lead to delays, rejection by the Register, or a contested probate posture that becomes much more expensive. A Pennsylvania probate attorney can quickly evaluate whether the will is truly self-proved, what proof the Register is likely to require in your county, and how to avoid missteps that create litigation risk.
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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.