Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert assisting you today.In this situation you would make application for ancillary probate as if there were no will in PA.Any other parties would then have to try and seek to admit the will.Based on what you present it is highly unlikely the will would be valid here in PA.This would be a totally different Ancillary Probate and PA laws apply.In that situation the minerals pass under the PA laws of intestacy to the legal heirs and the court appoints a personal representative.The The PR as part of ancillary probate then deeds the minerals to the legal heirs and in the shares the probate court finds appropriate under the laws of intestacy.Reference to Ancillary Probate..http://www.lmlawllc.com/ancillary-probate/PA laws of intestacy.
You would make your application for Ancillary Probate where the minerals are located.You are going to need a local probate lawyer you can locate on here.http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PAThe will would likely not be valid under PA law here are those requirements.http://livingtrustnetwork.com/estate-planning-center/last-will-and-testament/requirements-for-a-will/pennsylvania.htmlI appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
Can you call me. Are you familar with PA law
I am familiar with PA law.We can only communicate here through the site.Let me know if you have more follow up.Be happy to respond.
In Pennsylvania you must be at least 18 years of age and of sound mind to make a will. Your will must be in writing and signed at the end by the testator. If the testator is unable to sign his or her will, someone else may sign the will for the testator so long as this is done in the testator’s presence and at his or her direction.
In Pennsylvania it is not necessary for the signing of your will to be witnessed by anyone; however it is customary to have at least two people witness the signing of your will.
Pennsylvania does accept self-proved wills. Such a will includes a separate page which is notarized and signed by the testator and witnesses. The purpose is to ensure that upon the death of the testator, the will be accepted as signed and the witnesses to the will will not need to be found.
So a will in ohio years ago without real substance or proof is not valid for transfer of mineral rights in PA when they were unknown at the time-lets say there was a will in Ohio but no mention in the will. Not probated in Pa. Your comments still apply
Each state has there own laws and each state has their own probate proceeding.Here if the minerals are in PA the Ohio court does not have jurisdiction over PA minerals and a second ancillary probate would be required.If you filed for court supervised probate the court if the will is then presented by other relatives would review it to see it it is valid under AP law.It is possible for a will to be valid in Ohio and yet not for AP here if the will does not mean that states requirements that I gave you above.This situation is very strange not sure how Ohio came to admit it but that does not bind PA since the asset in located in PA.Anytime a will is not valid then the laws of intestacy( no will) then come into play.
You may yet receive a share under laws of intestacy in PA if you are an heir at law.
He died in Ohio 1970. Will is in question even though approved by probate court as if testate leaving to his second wife.. Unknown Mineral rights in PA-(family) surfaced several years ago 2010.He had one son. Sanford. No probate filed in Pa. No mention of any real property in 1970 will. This filing in PA should clear this up if no one objects. Just making sure I understand