Montgomery County, PA

 

 

 

 

 

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.

 

One Montgomery Plaza, 4th Floor, Swede & Airy Sts, Norristown, PA 19404

 

 

The office is open from 8:30 am to 4:15 pm. 

 

Yes. Call the office at (610) 278-3400. 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.

 

Yes. Email us at registerofwillsorphanscourt@mail.montcopa.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.

 

Montgomery County has birth & death records from 1893-1915. From 1906 - present, all information is located in New Castle, PA.

Probate records are from 1784 - 1987 on docket books
1988 - present are on computer

The County Archives Department is located at County Archives Department, 2000 Old Arch Road, Norristown PA (610) 278-3441.

You will be able to view the original Marriage License, and Probate Estates.

www.montcopa.org/archives.

 

MOST 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.

 

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 Montgomery 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.

 

Yes. All records are available to the public, unless impounded

 

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.

 

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.

 

Probate is the procedure by which a will is proved to be valid or invalid according to the laws of the Commonwealth of Pennsylvania; and the appointment of the executor or executrix.

 

Simply put, it means to die WITHOUT a will.

 

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.

 

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 word short refers to the size of the document.

 

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.

 

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.

 

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.

 

A testator is the person who wrote the will.

 

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.

 

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.

 

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.

 

 

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. You may also download forms and instructions from the Inheritance Tax Department at www.revenue.state.pa.us/revenue/cwp

 

 

 

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.

 

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.

 

Petitions for limited and identifying information may be obtained by writing the Honorable Stanley R. Ott, Montgomery County Courthouse, P.O. Box 311, Norristown, Pa.  19404-0311.  Please include the adoptive name, date of birth, original name and date of adoption (if known).  Further communications and directions will then come from Orphans’ Court Administrator (a different office than Clerk of the Orphans’ Court).

 

This matter requires the services of an attorney. We suggest that you contact the Montgomery County Bar Association at (610) 279-9660 or. www.montgomerybar.org

 

This matter requires the services of an attorney. We suggest that you contact the Montgomery County Bar Association at (610) 279-9660 or www.montgomerybar.org.

 

 

You must get your license in the State or country where the marriage will take place. Travel agents usually can provide the information.

 

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.

 

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 Montgomery County but were married in another county of the Commonwealth.

 

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.

 

No. 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.

 

You must inform the clerk that you want a self-uniting license at the time that you apply.

 

This question should be referred to an attorney.

 

Age 18. Until then the person is considered a Minor and needs parental permission to marry. If the person is between 14 and 16, Court permission is also required 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.

 

Law does not permit us to take the application.

 

Provision is made for this in the law. The application is taken and the license is issued.

 

The social security number is available only to this office. It does not appear on the application, or any public documents of this Office.