The Recorder of Deeds functions include being the repository for all property transactions that happen within the County.  We record deeds, mortgages, leases, subdivisions, and more relating to property.  Additionally, the Recorder maintains the notary commissions and other non-property documents.  The Recorder collects realty transfer taxes on behalf of the Commonwealth, the Municipalities, and the local School Districts; and then distributes those taxes to them.

The Register of Wills functions are primarily focused on filing documents when someone has passed away.  This may include probating an estate and swearing in an Executor or Administrator to handle all of the legal aspects of closing out an estate.  Additionally, there are instances where an estate does not need to be opened; and the Register will issue the necessary paperwork to allow the decedent's assets to be disbursed. The Register acts as an agent of the Commonwealth for the collection of Inheritance Taxes; and then disburses those taxes to the Department of Revenue.

The Clerk of Orphans Court functions include the record keeping for all of the County adoptions, guardianships, and marriage licenses as well as the small estates.  Note that we also maintain records of Births & Deaths from 1893 through 1906; and we have Marriages from 1885 to the present.

BIRTH RECORDS

Our office has birth records for MOST births that occurred between 1893 and 1906.  It was not a requirement for births to be reported, but most were.  You can view these records on our public terminals in the office.  We are able to produce a certified copy if that is what you need.

After 1906, birth records are kept at the PA Department of Health, Bureau of Vital Statistics.  You can request a copy of a birth certificate online, in person, or by mail at the PA Department of Health:  Birth Certificates (pa.gov)

DEATH RECORDS

Like birth records, our office has death records for MOST deaths that occurred between 1893 and 1906.  You can view these on our public terminals in the office.  We are able to produce a certified copy if that is what you need.

After 1906, death records are kept at the PA Department of Health, Bureau of Vital Statistics.  You can request a copy of a death certificate online, in person, or by mail at the PA Department of Health:  Death Certificates (pa.gov)

MARRIAGE RECORDS

All marriage licenses that have been issued by the Elk County Clerk of Orphans Court office are available in our office.   If the marriage license was issued in a different county, you'll need to contact that County's Clerk of Orphans Court office to get a copy or information regarding that license.  Just as a reminder, a Pennsylvania marriage license is valid state-wide; and is not necessarily in the County in which the couple was actually married.   Feel free to contact our office if you have questions.

Our office is now able to offer you the convenience of e-Recording documents via the following gateways:

CSC e-Recording:  eRecording in Pennsylvania | CSC

Simplifile e-Recording:  Simplifile - Mortgage Electronic Recording System | ICE Mortgage Technology 

Note that if the transaction involves property going into or out of a trust, we need a copy of the trust to be included - the trust is forwarded to the Department of Revenue.

Adult Guardianship Community Listening Session information:




If you are newly appointed as a guardian, or if you'd like to have a refresher regarding the responsibilities of non-professional guardians, the AOPC has established FAMILY and LAY Guardian Training Sessions for January through May of 2024 as follows:








The Administrative Office of the Pennsylvania Courts (AOPC) holds regular trainings on the use of the Guardianship Tracking System (GTS).  Here is the current schedule as well as information on how to register:










Effective February 13, 2023; an administrative order of the Orphans Court was entered increasing the maximum monthly guardianship fees in Medicaid from $100 to $300 per month, beginning January 1, 2023.  A copy of the order is posted here:

Marriage License Application Information & Procedure

 

Who Must Apply?

Both individuals to be married must complete the application for marriage. All applicants must be eighteen (18) years of age or older.

Who May Not Marry?

Blood relatives down to and including first cousins MAY NOT marry under the laws of Pennsylvania.  Any individual who has NOT reached the age of eighteen (18).

When to Apply?

The marriage license must be obtained at least three days prior to the marriage ceremony. The three-day waiting period does not start until after your license application is signed and approved in the Clerk of Orphans Court office. The license will expire sixty (60) days after the three-day waiting period.

Where to Apply?

A marriage license may be obtained from the Clerk of Orphans' Court in any county in Pennsylvania. The ceremony need not be performed in the county in which the license was issued; but the ceremony must be performed in the state of Pennsylvania.

Fees

The fee for a marriage license varies from county to county. The fee in Elk County is currently $40.  We accept cash or check; and credit cards that will include a nominal processing fee charged by the vendor.

Requirements

You will need the following Identification:

• As of January 1st, 1998, you must give your Social Security Number.
• Photo Identification: Driver's License, Non-Driver Photo ID, or Passport are accepted.
• Divorce Decree and Notice to Resume Prior Surname (if applicable)
• When original documentation is written in a foreign language, a notarized translation must also be submitted.

 

Which marriage license is appropriate for you?

This office offers two types of marriage licenses:

1. The traditional marriage license wherein your marriage ceremony is conducted by an officiant (religious service or civil service) as authorized by Pennsylvania Title 23 §1503.
2. A self-uniting marriage license (also known as a Quaker license) wherein no officiant is present. For this license, the marrying couple exchange their vows intending to be wed in front of two witnesses; and the couple and their witnesses then sign the license.

 

When applying for your license, please inform the Clerk of Orphans Court office which license type you would like to use.   The application process is the same for both, however the license itself is different.

 

Marriage Application Procedure

The application process involves several steps.  The collection of applicant information including their parent’s information.  This can be completed in the Clerk of Orphans Court office or you can complete this information online.

If you choose to complete this portion of the application online, follow this link:  ONLINE MARRIAGE APPLICATION and then click on the MARRIAGE APPLICATION box.  

 

 

Information Regarding Officiants / Who Can Perform Marriage Ceremonies

Pennsylvania Title 23 §1503. Persons qualified to solemnize marriages.

• General rule.-The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part:

• A justice, judge or magisterial district justice of this Commonwealth.
• A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria:

• has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office;
• has not been defeated for reelection or retention;
• has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
• has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board;
• has not been removed from office by the Court of Judicial Discipline; and
• is a resident of this Commonwealth.
• An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania.
  •  An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth.
• An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth.
• A mayor of any city or borough of this Commonwealth.
  • A former mayor of a city or borough of this Commonwealth who:
    • has not been defeated for reelection;
    • has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense uder the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation;
    • has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies.
    • has served as a mayor, whether continuously or not, by electio for an aggregate of a full term in office; and
    • is a resident of this Commonwealth.
• A minister, priest or rabbi of any regularly established church or congregation.
• Religious organizations. - Every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization.
• Marriage license needed to officiate.-No person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part.

Applicants are advised that choosing to be married by someone other than the officiants authorized by Pennsylvania Title 23 §1503, and any issues arise regarding the validity of their marriage, the burden of proof regarding the legality of said marriage will be upon the couple. This office will not determine what is or is not a church or congregation.

 

Name Change after Marriage

For individuals who plan to change their name after marrying, you can obtain certified copies of your Marriage License from the office of the Clerk of Orphans’ Court.  Each copy is $5.00.  You can pick them up in person, or you can request that they be mailed to you (for mailing we will add 50 cents to cover postage).  We currently accept cash or check; and in the near future we will be adding credit/debit card payments.  You’ll then use the certified marriage license copy as proof to change your name as needed (driver’s license, social security card, passport, etc.).

Here are some helpful addresses and web links to assist you when you need to change your name following marriage:

  

  

Beginning May 7, 2025, Pennsylvanians will need a REAL-ID compliant driver’s license, photo ID card, or another form of federally-acceptable identification (such as a valid passport or military ID) to board a domestic commercial flight or enter a federal building or military installation that requires ID.

Everything you’ve ever wanted to know about obtaining your Pennsylvania Real ID can be found at the following website:  https://www.dmv.pa.gov/REALID/Pages/default.aspx.  Once there, scroll down to Prepare For Real ID and then Gather Your Documents. 

At the Elk County Courthouse, we can help you with the “Proof of all legal name changes” documents.

The Elk County Recorder of Deeds, Register of Wills and Clerk of the Orphans’ Court office can assist you if your name changed as a result of marriage. 

If your marriage license was applied for in Elk County and the proof of marriage was returned to us following your ceremony, we can issue a certified copy of your marriage license that can be used in the Real-ID application process.  If you’ve been married multiple times, you will need copies of each marriage certificate.  Each duplicate marriage license certificate is $5.00.  You can call and request your certified copy ahead of time, and just stop in to pick it up.  You can reach us at (814) 776-5349.   If you would like the certified copy mailed to you, it is an additional $0.50 to cover postage so your total for each mailed certificate is $5.50.  You can make checks payable to the Elk County Clerk of the Orphans’ Court.  The Register & Recorders office accepts cash, checks, or money orders.

If your marriage license was applied for in another County in Pennsylvania, that County will have the proof of your marriage and you’ll need to work directly with them to obtain a certified copy of your marriage certificate(s).

If you changed your name as a result of a divorce (e.g., returned to your maiden name), the Elk County Prothonotary/Clerk of Courts office can assist you if you require a certified copy of a divorce decree.  You can call in advance to confirm that your decree is filed in Elk County (814) 776-5344.  Certified copies of divorce decrees are $10.50.  The Prothonotary’s office accepts cash, checks, or money orders.

If you are in need of an official duplicate birth certificate, please view the following Pennsylvania's Division of Vital Records website - https://www.health.pa.gov/topics/certificates/Pages/Ordering.aspx  - where you can discover how to order your certificate online, by telephone, or in person.

CURRENT DEED RELATED FEES:   http://countyofelkpa.com/images/Recorder/RECORDER-OF-DEEDS-FEE-SCHEDULE.pdf

CURRENT WILLS RELATED FEES:    http://countyofelkpa.com/images/Recorder/New-Fee-Schedule-ROW.pdf

CURRENT ORPHANS COURT FEEES:    http://countyofelkpa.com/images/Recorder/NEW-FEE-SCHEDULE-OC.pdf

The following Press Releases pertain to Operation Elk County.  Click on the title to see the actual press release.

May 24, 2018  -  Operation Elk County Seeking Participation From Individuals and Families Who Have Lost Loved Ones

For the latest Narcotics Anonymous meeting schedule, please check https://www.nawny.org/central-allegany-mountain