Frequently Asked Questions [F.A.Q.]
{Blue Bullet} General F.A.Q.
{Blue Bullet} Register of Wills F.A.Q.
{Blue Bullet} Clerk of the Orphans' Court F.A.Q.
{Blue Bullet} Marriage Licenses F.A.Q.
General F.A.Q.
Register of Wills F.A.Q.
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Clerk of the Orphans' Court F.A.Q.
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Marriage Licenses F.A.Q.
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General F.A.Q.
| Legal Advice and Information Disclaimer |
The Register of Wills and Clerk of the Orphans’ Court frequently receive requests for assistance in preparing and/or filing forms required for a particular matter. The Register of Wills, Clerk of the Orphans’ Court and staff are not permitted to offer opinions, directions or instructions on any matter that may be construed as legal advice. The Register of Wills provides, as required, many of the forms needed for Estate administration, including the Inheritance Tax Return. The offering of these forms is not a statement that no other forms are necessary or that those provided must be completed in every instance.
The Clerk of the Orphans’ Court, acting as a conduit for the Court, accepts filings for Orphans’ Court matters. The Court, in accordance with Federal, State and Local rules and statutes, determines the correctness of the filings.
The Register of Wills and Clerk of the Orphans’ Court have prepared the information provided on this website. Nothing contained herein is intended to be legal advice or to offer any opinion of the legal remedies available or appropriate in any particular circumstance. It is hoped that the information presented will merely be useful in answering frequently asked questions concerning the Register of Wills and Clerk of the Orphans’ Court.
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The office is on the second floor, Suite 2200, of the Chester County Justice Center, on West Market Street in West Chester, PA. Click Here for Directions
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| What are your office hours? |
Except for Marriage Applications, the office is opened from 8:30 am to 4:30 pm. Marriage Applications are accepted from 8:30 am to 4:00 pm. Both marriage applicants must be in the office by 4:00 pm.
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| Can I get information over the telephone? |
Yes. Call the office at 610.344.6335. If you provide a name, we can search our docket books and computer for a file number. Once you know the file number, more detailed information can be requested by mail. There is a nominal fee depending on the type of information requested.
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| Can I get information over the Internet? |
Yes. Email us at rwills@chesco.org. If you provide a name, we can search our docket books and computer for a file number. Once you know the file number, more detailed information can be requested by mail. There is a nominal fee depending on the type of information requested.
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| How far back do your records go? |
The records go back to 1924 for Register of Wills and Orphans’ Court. Marriage Licenses go back to 1930. Records are either in paper or microfilm form. Older records are available at the Chester County Archives. Please visit the Chester County Archives website.
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| What records are available to the public? |
ALL records in the Register of Wills, Orphans’ Court and Marriage License Department are open to the public with the exception of Adoptions records. Adoption records are impounded by law and available only by order of court.
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| Can anyone obtain records from your office? |
Yes. All non-impounded information is available to anyone.
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Register of Wills F.A.Q.
| What services does the Register of Wills provide? |
The Register of Wills probates wills and appoints representatives for decedents who die with or without a will. The decedent MUST have been a resident of Chester County at the time of death. The Register also serves as an agent for the Commonwealth of Pennsylvania for filing and payment of Inheritance Taxes.
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| Are all wills open to the public? |
Yes. All records are available to the public, unless impounded.
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What does it mean to register a will? |
This is the process known as Probate of the will. The procedure requires that the original will be brought to the office where it is examined for proper execution. Such things as signatures of the decedent and witnesses are checked. Due to the complexities of proper execution, it is strongly recommended that you contact an attorney for the preparation and probate of a will.
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| Why is a will registered or probated? |
There are many reasons to register a will. Chief among these is the transfer of property, real estate or personal, from the decedent to beneficiaries.
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Probate is the procedure by which a will is proved to be valid or invalid according to the laws of the Commonwealth of Pennsylvania.
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What does the word intestate mean? |
Simply put, it means to die WITHOUT a will.
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The decedent died without a will. Now what do I do? |
If there are assets that must be transferred from the decedent to beneficiaries, you must come to the Register of Wills office. If you qualify, you may be appointed estate administrator.
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| What is a Short Certificate? |
A Short Certificate is a document that is certified proof of the appointment of the Estate’s Personal Representative (Executor or Administrator). It is required to gain access to the assets of the decedent. The term "short" certificate refers to the size of the document.
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| Why do you keep the original will? |
We are required by law to retain the original will. Since all records in this office are kept "forever," the original document will always be available in paper form or on microfilm. It is recommended that you make a copy of the original will for your records before you come to the office.
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Does a will get registered or filed after it is written? |
NO. A will is not registered until the person who wrote it (testator) dies. It is important that someone, usually your executor, knows the location of your will or the name of the attorney who prepared it.
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I cannot find the original will. I only have a copy. What can I do? |
We suggest that you contact an attorney for the form of the petition that must be prepared and presented to the Register of Wills to accept a copy of the will for probate.
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A testator is the person who wrote the will.
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What are Letters Testamentary and Letters of Administration? |
This is a document issued by the Register of Wills authorizing a particular person(s) to act as the personal representative of the decedent’s estate. If the person died with a will, the document is referred to as Letters Testamentary. If the person died without a will, the document is called Letters of Administration.
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Do I need an attorney to apply for Letters Testamentary or Letters of Administration? |
No. However, due to the complexity of the process, it is strongly recommended that an attorney be engaged. This office provides the forms but cannot offer any direction or legal advice as to the preparation.
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Who can be appointed administrator? |
The order of appointment is very detailed and specific. Usually, the spouse is the first one to qualify. If there is no spouse, then the children can apply to be appointed. These situations often require the advice of an attorney.
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What do I need when I come to the office to open the estate? |
- Original will---IF the decedent had one. {This office keeps the original will.}
- Death certificate
- Person(s) who can qualify as Executor(s) or Administrator(s)
- Approximate value of the decedent’s estate. This is the value, as of date of death, of the real estate and personal property of the decedent. You must determine what items constitute the decedent’s estate. The staff may not assist you with this valuation. We suggest you consider this before you come into the office and discuss this matter with a professional, if necessary.
- Check or cash for probate fees. This amount varies based on the value of the decedent’s estate as discussed in #4. See fee schedule.
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Does your office assist in the preparation of the inheritance tax return? |
No. This office functions only as an agent for the filing of the Inheritance Tax Return and the payment of the Inheritance Tax. This means that we accept the return and payment and send them to the Commonwealth. The staff is not trained to give direction or advice concerning the correct completion of the return or calculation of the tax. If you have questions that are not answered in the return instruction booklet, you should contact an attorney or an accountant for assistance. The Inheritance Tax Booklet with instructions is provided by this office at the time that the Estate is opened. To download forms and instructions from the Inheritance Tax Department, click here.
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Clerk of the Orphans' Court F.A.Q.
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What services does the Clerk of the Orphans’ Court provide? |
The Clerk of the Orphans’ Court provides a variety of services. Among these are accepting filings for Adoptions, Guardians of Minors and Incapacitated Persons and the issuance of Marriage Licenses.
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I was adopted and want to locate my birth parents. How do I get access to the adoption records? |
Adoption information is confidential and the records are sealed (impounded) by the Court. Access to the information requires the permission of the Orphans’ Court Division of the Court of Common Pleas.
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How do I request court permission to access adoption records? |
The office provides a form, Adoption Search Questionnaire, on this website. Filing this form is the first step that must be taken to obtain any information from the adoption files. Further communications and directions will then come from Orphans’ Court Administration (a different office than Clerk of the Orphans’ Court). That office is the next link between you and the Court.
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I adopted a child in a foreign country. How do I get a Pennsylvania birth certificate for the child? |
Read the information and instructions found in the Foreign Adoption Registration Packet available on this website under Forms & Documents.
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How do I get appointed as the guardian of a minor child? |
Information on this can be found at the Chester County Law Library. However, due to the complexity of the process, it is strongly recommended that an attorney be engaged. We suggest that you contact the Chester County Bar Association at 610.692.1889 or www.chescobar.org.
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How do I get appointed as the guardian of an incapacitated person? |
Information on this can be found at the Chester County Law Library. However, due to the complexity of the process, it is strongly recommended that an attorney be engaged. We suggest that you contact the Chester County Bar Association at 610.692.1889 or www.chescobar.org.
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Marriage Licenses F.A.Q.
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We are getting married on an island or in another state. Where do we get our marriage license? |
You must get your license in the State or country where the marriage will take place. Travel agents usually can provide the information.
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Can I register my marriage in Pennsylvania if it takes place in another country or state? |
NO. Your marriage will never be registered in the Commonwealth or in this County. You should be certain to get a certified copy of your marriage license from the state or country where it took place. This will be necessary for Social Security purposes and perhaps your employer.
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Is there a central registry of marriage in Pennsylvania? |
NO. In Pennsylvania records of marriage licenses are maintained in the county where you applied for the license. This is true even if you applied in Chester County but were married in another county of the Commonwealth.
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I live in Chester County but my marriage is taking place in another county in Pennsylvania. Where can I get my marriage license? |
The laws of Pennsylvania state that you can apply in any county of the Commonwealth and use the license in any other county of the Commonwealth.
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Do I need a licensed minister or priest to perform my marriage ceremony? |
No, but read the Clerk of the Orphans' Court policy concerning officiants of marriages in the Commonwealth. Click here for the policy. Pennsylvania has a provision in the Marriage Act that recognizes a marriage performed without officiating clergy. This is referred to as a self-uniting license. Two witnesses are required.
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How do I get a self-uniting license? |
You must inform the clerk that you want a self-uniting license at the time that you apply.
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Does Pennsylvania recognize common-law marriages? |
After January 1st, 2005 Pennsylvania does not recognize common law marriages. If you believe you were married by common law before this date, please contact an attorney.
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At what age is a person no longer a minor in Pennsylvania? |
Age 18. Until then a person is considered a minor who needs custodial parental permission to marry and might need Court permission. If the minor is 16 or 17 years of age then only custodial parental permission is required. If the minor is 14 or 15 years of age, then custodial parental permission AND Court permission is required. If the minor is 13 years of age or under then they cannot get married in Pennsylvania.
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Why do you need my social security number (SSN) to apply for a marriage license? |
The 1996 Federal Welfare Reform Act and the Commonwealth of PA Act 98-127 require the Social Security number of an individual who has one on any application for a marriage license.
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What if I have a SSN but refuse to provide it? |
Law does not permit us to take the application.
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What happens if I do not have a SSN? |
Provision is made for this in the law. The application is taken and the license is issued.
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Marriage applications are public record. I do not want my SSN given out to the public. |
The social security number is available only to this office. It does not appear on the application, or any public documents in this office.
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