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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 3138 (2026)

 Later will or codicil.

✓ current as of May 2026
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§ 3138.  Later will or codicil.

If a later will or codicil is submitted to the register for probate within three months of the testator's death but after the register shall have probated an earlier instrument, the register, after such notice as he deems advisable, but with at least ten-days' notice to the petitioner who presented the probated instrument if he has not requested probate of the later will or codicil, shall have power to open the probate record, receive proof of the later instrument or instruments and amend his probate record.

 

Cross References.  Section 3138 is referred to in section 3133 of this title.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1976–2023 · leading case: In Re: Est. of: Ruhlman, K. Appeal of: Ruhlman,D, 291 A.3d 916 (Pa. Super. Ct. 2023).
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In Re: Est. of: Ruhlman, K. Appeal of: Ruhlman,D, 291 A.3d 916 (Pa. Super. Ct. 2023). · cites it 2× “Section 908 (appeal from probate authorized if filed within one year from probate of the earlier will) to probate a valid after[-]discovered and later-dated will, does the Orphans' Court err as a matter of law by involving 20 Pa.C.S. Section 3138 (register authorized to admit to…”
Dietz Est., 14 Pa. D. & C.4th 392 (1991). “Respondent’s first contention is that the codicil cannot be admitted to probate because it is barred by the three-month statute of limitations set out in 20 Pa.C.S. §3138 (as amended 1972) (entitled “later will or codicil”), for appeals from probate of a will.”
In re Est. of Williams, 39 Pa. D. & C.5th 97 (2014). · cites it 2× “There is also precedent that imposes a time limitation under 20 Pa.C.S. §3138 for opening the probate record to admit a later discovered will or codicil.”
Stanley, S. v. Hendershot, N. (Pa. Super. Ct. 2018). “20 Pa.C.S. § 3138. - 38 - J-A04018-18 J-A04019-18 by the decree of the register of wills probating a will of the decedent executed in 1981, of which [Curry] was not a beneficiary.”
In re Schott Est., 58 Pa. D. & C.4th 533 (2001). “The testimonial and documentary evidence, as well as legal argument, were presented in a two-day will contest trial before me as register on April 20 and June 1, 2001, in accordance with 20 Pa.C.S. §3138. 4 *537 DISCUSSION Two issues are presented to me for decision: “(1) Is the…”
Murphy Est., 75 Pa. D. & C.2d 429 (1976). “164), 20 Pa.C.S. §3138, provides that the register, after notice, may open the probate record to receive proof concerning a later will or codicil submitted within three months of testator’s death.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.