Register of Wills and Clerk of Orphans' Court
| Register of Wills and Clerk of Orphans' Court | |
|---|---|
| Type | Elected county row office under Pennsylvania law |
| Led by | Register John Sabatina Jr. (Democrat), elected 2023; predecessor Tracey L. Gordon served 2020-2023 |
| Term | Four years |
| Predecessor | Tracey L. Gordon (2020-2023), who succeeded Ronald Donatucci (served about 40 years) |
| Related court | Orphans' Court Division, Court of Common Pleas |
| Website | phila.gov/departments/register-of-wills |
The Register of Wills and Clerk of Orphans' Court is the Philadelphia officeholder who handles the paperwork of death and inheritance. As Register of Wills the officer probates wills, meaning formally confirms that a will is valid, and issues letters of administration when a Philadelphia resident dies without a will. As Clerk of the Orphans' Court the officer keeps the records of the court that supervises estates, trusts and guardianships. The office also issues marriage licenses in the city. It is one of the five independently elected row offices.[1]
1 What the office does
Pennsylvania law gives each county a register of wills with authority over probate of estates. In Philadelphia the office accepts wills and petitions for appointing an executor or administrator, collects probate fees and Pennsylvania inheritance tax filings, issues certified copies, and maintains the public estate records. Registers are not judges and do not resolve disputes; contested matters go to the court. The officeholder is elected countywide and is separate from the mayor, though funded through the city budget.
2 Probate in practice
When someone dies leaving a will, the named executor generally presents the will and a death certificate to the Register for probate and receives letters testamentary. When there is no will, a relative seeks letters of administration, and Pennsylvania's intestacy law determines the heirs. Fees are based on the size of the estate. The office also operates programs on title problems for homes that remain in a deceased owner's name, which can block access to repair programs, tax relief and sales; see the city's Probate Deferment Initiative and Title Clearance Unit on phila.gov.[2] Housing-related help is further described in Division of Housing and Community Development.
3 Orphans' Court
The Orphans' Court Division of the Court of Common Pleas hears disputes over estates, trusts, adoptions, guardianships of incapacitated people and some nonprofit matters, despite its name. The Register, acting as Clerk, processes filings, dockets cases and maintains records for the court. The judges are part of the state-run First Judicial District, so the Clerk's office is a bridge between the elected row office and the state court system.
4 History and leadership
Ronald Donatucci held the office for about 40 years before Tracey Gordon, a Democrat who ran as an outsider challenger, defeated him in the 2019 Democratic primary and became the first Black woman to win the office, as reported by Philadelphia magazine and the Philadelphia Tribune.[3] Gordon took office in January 2020. In the May 2023 Democratic primary she lost to John Sabatina Jr. by about 3,500 votes, according to the Inquirer; Sabatina succeeded her at the start of the next term. During and after her tenure the city paid settlements to former employees who alleged retaliation, according to Inquirer reporting in 2024 and 2025; those were civil employment claims. Elections for the post occur in the municipal cycle (see Elections in Philadelphia), and officeholders are subject to the Board of Ethics and to audit by the City Controller. Candidates who run against party-endorsed nominees often rely on local organizing (see Democratic City Committee).
5 Help for families and heirs' property
Families dealing with a death can contact the office for filing instructions and forms, and legal aid organizations can help low-income residents with probate and title problems. This wiki gives general information only and not legal advice; the court, an attorney or a legal aid group should be consulted on specific estates.
See also: City-County Consolidation, Department of Records, Philadelphia Taxes.
References
- The Philadelphia Citizen, "Your City Defined: Register of Wills"; Philadelphia Register of Wills (phila.gov).
- City of Philadelphia, Probate Deferment Initiative and Title Clearance Unit (phila.gov).
- Philadelphia Magazine and Philadelphia Tribune, coverage of Tracey Gordon's 2019 victory over Ronald Donatucci; Inquirer, "Register of Wills Tracey Gordon loses the Democratic primary to John Sabatina by 3,500 votes" (May 19, 2023).