The will lists my brother as the sole heir to all of her possessions, including 2 homes, both which are still financed. Can we open an estate with the will not being notarized and the witness being deceased?
My condolences for your loss.
A Will in Pennsylvania - to be effective - need not be witnessed or notarized. The lack of those two items does not be invalid, it just adds a few more steps to probate the Will.
Talk to the Register of Wills in the County where your mother was domiciled. You will need a few extra forms to completed, but it sounds like you're fine.
However, you state that the Will was not notarized. How was the Will prepared and does the Will itself have the proper elements in it.
I would consult with an attorney about this. Probating a Will and being sworn in as the Executor is a big deal.
John B. Whalen, Jr., J.D., LL.M.
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