One of the most common sources of confusion in Pennsylvania estate practice — for families and sometimes even for attorneys — is the division between the Register of Wills and the Orphans' Court. They share a floor in the Bucks County courthouse, often share staff, and in Bucks County the same person (Douglas Wayne, Esquire) currently serves as both Register of Wills and Clerk of the Orphans' Court. But they are fundamentally different offices with different authority.
The Register of Wills is an elected county official — not a judge. The Register's powers are ministerial, meaning the Register carries out defined statutory duties but does not exercise judicial discretion. The Register:
Critically, the Register cannot resolve disputes, interpret ambiguous wills, order distributions, remove fiduciaries (with one narrow exception under § 3181), adjudicate accountings, or exercise discretionary judgment. When the Register encounters a contested issue — like a caveat challenging a will's validity — the matter is certified to the Orphans' Court.
The Orphans' Court is a division of the Court of Common Pleas — it is a full-fledged court presided over by a judge. The Orphans' Court exercises broad equitable and legal jurisdiction over:
The Orphans' Court sits without a jury — the judge is the sole finder of fact and law. Proceedings are governed by the Pa. Orphans' Court Rules, supplemented by Bucks County Local Rules.
Most estates begin and end at the Register of Wills without ever involving the Orphans' Court. But certain events force the transition:
Caveat filed. When anyone files a caveat challenging a will, the Register stops. The entire matter is certified to the Orphans' Court for an evidentiary hearing. The Register has no authority to resolve the dispute.
Accounting filed. When the executor files a formal account, it goes to the Clerk of the Orphans' Court (not the Register), is placed on the audit list, and the court adjudicates the distribution. The Register has no role in reviewing or approving accountings.
Petition for removal. If a beneficiary wants to remove an executor, that petition goes to the Orphans' Court. The Register can only revoke letters under the narrow circumstances of § 3181 (the personal representative is not entitled to letters, the letters don't conform to the probated will, or the personal representative has been charged with certain crimes).
Small estate petition (§ 3102). Even though the estate is "small," the petition for settlement goes to the Orphans' Court for a decree — the Register does not issue small estate certificates.
Guardianship petition. Guardianship proceedings are entirely within the Orphans' Court's jurisdiction — the Register has no involvement.
Appeal from the Register. Decisions of the Register — including the decision to admit or refuse to admit a will to probate — can be appealed directly to the Orphans' Court under 20 Pa.C.S. § 907. The appeal must be filed within one year.
In Bucks County, the elected Register of Wills also serves as the Clerk of the Orphans' Court. These are separate constitutional offices combined in one person. This means the same office that probates a will and collects inheritance tax also dockets Orphans' Court petitions, maintains the court's filing system, and places accounts on the audit list. The physical office is the same: 55 E. Court Street, 6th Floor, Doylestown.
From a practical standpoint, this means you file everything in the same place. But it matters enormously whether you're dealing with the Register (administrative) or the Court (judicial), because the procedures, rules, and authority are completely different. Filing the wrong document with the wrong office — or expecting the Register to exercise powers only the Court possesses — is a common mistake.
Practical Tip for Practitioners
When in doubt about whether a matter belongs with the Register or the Orphans' Court, ask this: Does this require someone to exercise judgment or resolve a dispute? If yes → Orphans' Court. If it's purely ministerial (filing, recording, issuing certificates, collecting tax) → Register of Wills. The ROW staff are helpful and will tell you if you're in the wrong place, but understanding the distinction upfront avoids delays and misfiled documents.
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