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PA Bulletin, Doc. No. 00-55

THE COURTS

CARBON COUNTY

Adoption of Orphans' Court Local Rules of Procedure; 99-9422

[30 Pa.B. 202]

Administrative Order No. 14-1999

   And Now, this 16th day of December, 1999, it is hereby

   Ordered and Decreed, effective thirty (30) days after publication in the Pennsylvania Bulletin, that the Carbon County Court of Common Pleas hereby Adopts Local Rules of Court governing procedure in Orphans' Court cases.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Orphans' Court Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order and Rules in the Orphans' Court Office.

By the Court

JOHN P. LAVELLE,   
President Judge

CARBON COUNTY ORPHANS' COURT RULES

CONTENTS

RULE 1--JUDGES AND LOCAL RULES

Rule 1.2.1.Citation of Rules.
Rule 1.2.2.Petitions and Motions.
Rule 1.2.3.Briefs.
Rule 1.2.4.Attorneys.
Rule 1.2.5.Depository of the Court.

RULE 2--CONSTRUCTION AND APPLICATION OF RULES

Rule 2.3.1.Definitions.

RULE 3--PLEADINGS AND PRACTICE

Rule 3.2.1.Pleadings, Motions and Petitions.
Rule 3.2.2.Pleadings, Disposition, Issues of Fact or Law.
Rule 3.4.1.Form. Exhibits.
Rule 3.4.2.Consents. Joinders. Form.

RULE 5--NOTICE

Rule 5.1.1.Notice. Legal Publication.
Rule 5.2.1.Method. Person under Incapacity. No Guardian or Trustee.
Rule 5.5.1.Charities. Notice to the Attorney General.
Rule 5.6.1.Notice. Additional Requirements.

RULE 6--ACCOUNTS AND DISTRIBUTION

Rule 6.1.1.Accounts Required. Time for Filing. Family Settlement Agreement in Lieu of Audit and Confirmation.
Rule 6.1.2.Form of Accounts. Additional requirements.
Rule 6.3.1.Notice To Parties in Interest.
Rule 6.4.1.Accounts. Time for Filing.
Rule 6.9.1.Accounts. Papers to be Submitted.
Rule 6.10.1.Objections. Form and Content.
Rule 6.10.2.Objections. Time for Filing.
Rule 6.10.3Objections. Deposit on Account of Fees and Costs.
Rule 6.10.4Objections. Service. Return.
Rule 6.10.5.Objections. Failure to Make, Effect.
Rule 6.11.1.Accounts. Confirmation.
Rule 6.11.2.Distribution Under Section 3534 of P.E.F. Code.
Rule 6.11.3.Settlement of Small Estates. Contents of Petition.

RULE 7--EXCEPTIONS

Rule 7.1.1.Exceptions. Form and Contents.
Rule 7.1.2.Exceptions. Time for Filing.
Rule 7.1.3.Exceptions. Partial Distribution.

RULE 8--AUDITORS AND MASTERS

Rule 8.1.1.Appointment.
Rule 8.1.2.Notice of Hearing. Hearings.
Rule 8.5.1.Transcript of Testimony.
Rule 8.6.1.Filing of Report. Notice of Filing. Proof of Notice.
Rule 8.7.1.Report of Auditor or Master. Disposition Procedure.
Rule 8.8.l.Compensation and Security.

RULE 9--OFFICIAL EXAMINERS

Rule 9.1.1.Official Examiners.
Rule 9.1.2.Official Examiners. Compensation.

RULE 10--REGISTER OF WILLS

Rule 10.1.1.Appeals from Grant of Letters
Rule 10.1.2.Form of Appeal from Register of Wills Decision.
Rule 10.2.1.Inheritance Tax Appeals.

RULE 12--SPECIAL PETITIONS

Rule 12.1.1.Family Exemption. Appraisal
Rule 12.1.2.Family Exemption. Allowance.
Rule 12.1.3.Family Exemption. Risk Distribution Prior to Confirmation.
Rule 12.2.1.Allowance to Surviving Spouse of Intestate. Appraisal.
Rule 12.3.1.Election of Surviving Spouse. Filing of Petition for Extension of Time.
Rule 12.5.1.Appointment of Guardian for Minor. Consents Required.
Rule 12.5.2.Guardians. Minors. Bond. Restricted Account.
Rule 12.5.4.Minor's Estate. Allowances. Approval of Court.
Rule 12.9.1.Public Sale of Real Property. Contents of Petition.
Rule 12.9.2.Notice of Public Sale of Real Property.
Rule 12.9.3.Public Sale of Real Property. Return of Sale.
Rule 12.9.4.Public Sale of Real Property. Decree.
Rule 12.10.1.Private Sale of Real Property.
Rule 12.10.2.Private Sale of Real Property. Public Notice of Sale. Form of Notice.
Rule 12.10.4.Confirmation of Sale.
Rule 12.11.1.Mortgage of Real Property.
Rule 12.11.2.Pledge, Lease, or Exchange of Real Property.
Rule 12.12.1.Inalienable Property. Public Sale.
Rule 12.12.3.Inalienable Property. Private Sale.
Rule 12.12.4.Inalienable Property. Mortgage.

RULE 14--GUARDIANSHIP OF INCAPACITATED PERSONS

Rule 14.1.Form of Preliminary Decree.
Rule 14.2.Testimony Regarding Incapacity. Deposition.
Rule 14.3.Accounts of Guardians.
Rule 14.4.Annual Report of Guardian of Person of Incapacitated Person

RULE 15--ADOPTIONS

Rule 15.1.Local Rules.
Rule 15.1.1.Local Practice and Procedure.
Rule 15.1.2.Exhibits.
Rule 15.2.1.Voluntary Relinquishment to Agency.
Rule 15.3.1.Voluntary Relinquishment to Adult Intending to Adopt Child.
Rule 15.3.2.Alternative Procedure for Relinquishment.
Rule 15.4.1.Involuntary Termination of Parental Rights.
Rule 15.4.2.Form of Petition for Involuntary Termination.
Rule 15.4.3.Form of Decree Nisi and Final Decree
Rule 15.8.1.Registration with the Court of Authorized Persons.

RULE 1--JUDGES AND LOCAL RULES

Rule 1.2.1.  Citation of Rules.

   These Rules shall be known as Carbon County Orphans' Court Rules adopted pursuant to Pa.O.C.R. 1.2 and shall be cited as ''Carbon Co. O.C.R. No. ____ .''

Rule 1.2.2.  Petitions and Motions.

   (a)  Every original petition or motion filed shall set forth in its first paragraph the citation of any statute, Rule of court, or other authority relied upon to justify the relief requested.

   (b)  A copy of any notice required to be given shall be attached to the petition or motion.

Rule 1.2.3.  Briefs.

   Briefs will be prepared and filed in accordance with the provisions of Carbon Co. Civ. L. No. 210, unless otherwise ordered by the Court.

Rule 1.2.4.  Attorneys.

   The name and Supreme Court identification number of any attorney employed by any party in any proceeding pending in this Court shall be marked on the initial pleading or paper filed in the office of the Clerk. Any attorney who has properly entered an appearance will receive notice of all hearings, conferences, and orders.

Rule 1.2.5.  Depository of the Court.

   (a)  Deposit of Money or Securities in Court. All monies paid or securities delivered into Court shall be deposited immediately in a segregated, federally insured account in such bank or trust company as the Clerk may designate, to the credit of the court in the particular estate or proceeding to which the money or securities may belong; and such depository shall keep a separate account of each payment and delivery, designating the same by name of the estate or proceeding. Unless otherwise specially ordered by the Court, all interest earned on said accounts shall accrue to the credit of the County of Carbon.

   (b)  Withdrawals. No money shall be paid out of Court by the depository, or securities delivered, except on checks or orders of the Clerk accompanied by a certified copy of the Order of Court authorizing such withdrawal or delivery.

   (c)  Docket to be maintained. The Clerk shall maintain a Money in Court Docket in which shall be entered concisely under the name of the respective estates, the Orders of Court directing money to be paid into Court, as well as an accurate account of the money paid in and paid out, so that the record will fully explain itself.

RULE 2--CONSTRUCTION AND APPLICATION OF RULES

Rule 2.3.1.  Definitions.

   (a)  As used in these Rules ''P.E.F. Code'' shall mean a reference to the Probate, Estates and Fiduciary Code, June 30, 1972, P. L. 508, 20 Pa.C.S.A. § 101 et seq., as amended.

   (b)  As used in these Rules, the terms ''Citation'' and ''Rule to Show Cause'' shall be interchangeable unless otherwise indicated herein.

RULE 3--PLEADINGS AND PRACTICE

Rule 3.2.1.  Pleadings, Motions and Petitions.

   (a)  Motions and petitions shall be governed by the provisions of Carbon Co. Civ. L. 206.

   (b)  A copy of every pleading, including exceptions, shall be promptly served upon counsel of record for all parties in interest, and upon any party who is not represented.

Rule 3.2.2.  Pleadings, Disposition, Issues of Fact or Law.

   (a)  Except in those cases where no responsive pleading is required, if the respondent fails to answer a petition to which an answer is required under the Carbon County Rules of Civil Procedure or the Pennsylvania Orphans' Court Rules or the Pennsylvania Rules of Civil Procedure within twenty (20) days of service, all material averments of fact in the petition shall be taken as admitted and the Court may, at any time after the reply day or return day and upon proof of service of the Rule to show cause upon the respondent at least ten (10) days prior to the return date, upon motion, enter a decree granting the prayer of the petition or such other relief deemed appropriate by the court.

Rule 3.4.1.  Form. Exhibits.

   (a)  Endorsements. Every pleading shall be endorsed with the name of counsel, if counsel has appeared for a party.

   (b)  The signature of an attorney to a petition shall constitute a certification by that attorney that all copies of written or printed instruments, records, or documents which are not certified or authenticated, are true and correct copies of the original.

Rule 3.4.2.  Consents. Joinders. Form.

   (a)  All petitions shall aver that all parties in interest are petitioners, or that consents or joinders of all necessary parties are attached or, if the petitioner is unable to attach a necessary consent or joinder, this fact shall be stated in the petition together with the reason.

   (b)  Whenever a party other than a petitioner desires to consent to or join in the prayer of a petition, there shall be appended to the petition a written ''Consent'' or ''Joinder'' signed by the party in the following form:

   I, _________________ , having read and considered the contents of the foregoing petition, do herewith waive the benefit of all requirements of notice of the presentation, or service upon me, of said petition, do authorize the Court to note my general appearance in said proceeding as though I had appeared personally or by counsel, do herewith waive all objections to the Court's jurisdiction over my person, and do herewith consent to or join in [add specifics of prayer for relief].

RULE 5--NOTICE

Rule 5.1.1.  Notice. Legal Publication.

   The Carbon County Law Journal and The Times News and such other publications as may be designated by the President Judge shall be the legal periodicals for the publication of notice whenever publication in a legal periodical is required by Act of Assembly, Rule, or Order of Court.

Rule 5.2.1.  Method. Person under Incapacity. No Guardian or Trustee.

   Whenever notice is given to a person who is not sui juris and for whom there is no guardian or trustee, notice shall be given by serving it upon the person, if over fourteen years of age, and in all cases, upon:

   (a)  The person's spouse, if sui juris, or

   (b)  The person's next of kin, if sui juris, or

   (c)  The person with whom he or she resides or by whom he or she is maintained; or

   (d)  The superintendent or other official of the institution having custody of the person; or

   (e)  In such manner as the Court, by special order, may direct.

Rule 5.4.1.  Notice. Additional Requirements.

   (a)(1)  Personal Service. Return of personal service shall set forth the date, time, place and manner of such service, and that a true and correct copy of the petition and notice were handed to the person served.

   (2)  Registered or Certified Mail. Return of notice by registered or certified mail shall set forth the date and place of mailing the petition and notice and shall include the return receipt or a copy thereof.

   (3)  Publication. Return of notice by publication shall set forth the date(s) and newspaper and/or legal periodicals of publication and shall include proofs of publication or copies thereof.

   (b)  Except as may otherwise be provided, by statute, Rule or special order, a return of notice shall be filed with the Clerk prior to the date set for the occurrence of the event of which notice has been given.

Rule 5.5.1.  Charities. Notice to the Attorney General.

   Notice to the Attorney General or his designated deputy shall be given in accordance with the provisions of Pa.O.C.R. No. 5.5 in any matter which involves:

   (a)  a specific bequest to a charity in the amount of $25,000.00 or more;

   (b)  a specific bequest to a charity totaling less than $25,000.00 which will not be paid in full; or

   (c)  a charitable bequest of any amount payable out of the residue of the estate.

RULE 6--ACCOUNTS AND DISTRIBUTION

Rule 6.1.1.  Accounts Required. Time for Filing. Family Settlement Agreement in Lieu of Audit and Confirmation.

   (a)  Accounts Required. In every decedent's estate in which Letters Testamentary or Letters of Administration have been issued by the Register of Wills, the executor, administrator or other personal representative shall file an account with the Clerk of the Orphans' Court. Each such account shall conform to the requirements of Pa.O.C. Rule 6.1, and shall include either a Statement of Proposed Distribution or a request that distribution be determined by the Court or an auditor.

   (b)  Time for Filing. Every account required to be filed by this rule shall be filed not later than eighteen (18) months following the date of issuance of Letters Testamentary or Letters of Administration unless the Court, upon petition and for good cause shown, shall have extended the time for filing same.

   (c)  Family Settlement Agreement. As an alternative to formal submission and confirmation of an account, a personal representative may file with the Clerk of Orphans' Court a Family Settlement Agreement. Each Family Settlement Agreement shall have attached thereto a first and final account of the executor, administrator or other personal representative indicating all transactions during the administration of the estate, which account shall be substantially in the form prescribed by Carbon Co. O.C.R. No. 6.1.2. Each Family Settlement Agreement shall also have attached thereto a Statement of Proposed or Actual Distribution, and a release signed by each and every heir, beneficiary or other party in interest approving the account, waiving the requirement that the account be audited and confirmed by the Court and discharging the executor, administrator or other personal representative.

Rule 6.1.2.  Form of Accounts. Additional Requirements.

   (a)(1)  All accounts shall be in the form approved by the Pennsylvania Supreme Court and as explained by the Uniform Fiduciary Accounting Principles, pursuant to Pa.O.C. Rule 6.1(g).

   (2)  Accounts shall be stated on 8 1/2" by 11" paper, fastened together at the top and numbered consecutively at the bottom.

   (3)  Every account filed with the Clerk shall be signed by each accountant and shall be verified by at least one accountant.

Rule 6.3.1.  Notice to Parties in Interest.

   (a)  Notice of the filing and of the date and time for confirmation as required by law and Rule of Court shall be given by certified or registered mail, return receipt requested, at least ten days prior to the confirmation date. In lieu of such notice, a written waiver of notice may be filed for any party. The notice shall state that any party may file objections in writing with the Clerk of the Orphans' Court at any time prior to the date and time fixed for confirmation, and that if no objection is filed, the Account and Statement of Proposed Distribution will be confirmed absolutely.

   (b)  In addition to notices otherwise required by law or statute, the surety on the bond of any fiduciary seeking discharge shall be given written notice of the filing of the petition and of the date and time for presentation for Final Decree, by certified or registered mail, return receipt requested, at least ten days prior to the date scheduled for discharge. In lieu of such notice, a written waiver of notice may be filed. The notice shall state that the surety may file objections in writing with the Clerk of the Orphans' Court at any time prior to the time fixed for Final Decree, and that if no objections are filed, a Final Decree shall be entered as of course.

   (c)  Prior to the date set for confirmation of the account, the accountant, or counsel, shall file with the Court a return of notice as prescribed in Rule 5.4.1. hereof, in form approved by the Court.

   (d)  If it shall appear that timely and proper notice has not been given to all parties entitled to notice or that the requisite affidavit of notice has not been filed, or that all costs have not been paid, no order of confirmation or discharge will then be made and in lieu thereof the procedure shall be as follows:

   (1)  If the irregularity is remedied within twenty (20) days, the Clerk shall represent the matter to the assigned Judge in Chambers for confirmation or discharge order, provided at least ten (10) days have elapsed after notice was given to any party and provided that no objection, exception or answer has been filed meanwhile. If any such objection, exception or answer has been filed, the provisions of Rule 6.4.1(b) shall apply.

   (2)  If the irregularity has not been so remedied within twenty (20) days, the time for confirmation or for discharge order shall be as of course extended until the next regular scheduled session for confirmation and discharge, and re-advertisement and re-notification of all parties shall be required, unless the fiduciary makes written application to the Court and obtains special relief for cause shown.

   (3)  In any case now pending or hereafter arising in which an account, statement of proposed distribution, or discharge petition has been filed but remains unconfirmed for unremedied procedural defect, the Clerk may file a petition with the Court stating the essential facts and requesting issuance of a Rule to show cause why an order denying confirmation or dismissing the discharge petition should not be made. A copy of such petition shall be furnished by mail to the fiduciary and his or her counsel, and to each party entitled to receive notice and the case shall be placed on the argument schedule for hearing and argument.

   (e)  The Clerk shall give notice of all accounts filed and of the time and place of the call of the Confirmation List. The notice shall be published once a week for two (2) consecutive weeks immediately prior to the date of confirmation in the legal publication designated by these Rules and in one daily newspaper of general circulation published within Carbon County, and the Clerk shall also post copies of the Confirmation List in his/her office.

   (f)  The form of advertisement of Accounts and Statements of Proposed Distribution that have been filed for confirmation by the Court shall be as follows:

NOTICE OF CONFIRMATION OF FIDUCIARIES' ACCOUNTS

To all claimants, beneficiaries, heirs, next-of-kin, and all other parties in interest:

NOTICE is hereby given that the following named fiduciaries of the respective estates designated below have filed their Accounts and Statements of Proposed Distribution in the office of the Register of Wills in and for the County of Carbon, Pennsylvania, and the same will be presented to the Orphans' Court Division, Courtroom No. ____ , Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the _____ day of ______ , ______ at __ .m. for confirmation. All objections must be filed in writing in the office of the Clerk of Orphans' Court Division, Court of Common Pleas, Jim Thorpe, Pennsylvania, prior to the foregoing stated date and time:

ESTATE FIDUCIARY ATTORNEY
X X X

_________________
Clerk of the Orphans' Court

Rule 6.4.1.  Accounts. Time for Filing.

   The Register of Wills/Clerk of Orphans' Court shall fix a filing deadline for each regular session and shall give notice thereof at least two (2) weeks prior to the deadline. The time interval between the deadline and the session shall be sufficient to enable the Register/Clerk to make publication as provided by law and Rules of Court.

   The Register of Wills/Clerk of Orphans' Court shall schedule for the next regular session all matters filed before the deadline for that session and shall make the required publication. The notices shall contain a statement that all objections must be filed in writing before the time fixed for confirmation, or final decree of discharge, as the case may be.

Rule 6.9.1.  Accounts. Papers to be Submitted.

   (a)  All Accounts. Counsel for all fiduciaries shall submit:

   1.  Copies of all agreements with respect to settlements and compromises;

   2.  Accurate descriptions of all real property to be awarded in kind, described by metes and bounds in the manner appearing in the last deed of record, together with recital of title into the decedent; and

   3.  Statement of Proposed Distribution.

   (b)  Accounts of Trustees. Counsel for Trustees shall also submit:

   (1)  a waiver of an income accounting executed by all of the income beneficiaries, if the account does not contain a complete income accounting; and

   (2)  a Statement of Proposed Distribution.

   (c)  Accounts of Guardians of the Estates of Minors. Counsel for a Guardian of the estate of a minor shall also submit:

   (1)  where the former minor has attained the age of eighteen (18) years, his/her written stipulation setting forth that he/she attained the age of eighteen (18) years on a certain designated date, that he/she has examined the account and has found it correct; and that he/she has received the balance or balances shown in the account and requests that the guardian be discharged;

   (2)  where the former minor has attained the age of eighteen (18) years but has not executed the stipulation referred to in paragraph (18) of this Rule, then in place thereof a Statement of Proposed Distribution shall be filed;

   (3)  where the minor is deceased, or has been adjudged an incapacitated person under the P.E.F. Code, or is an absentee or presumed decedent, or the guardian has resigned or has been removed, a statement of Proposed Distribution shall be filed.

   (d)  Accounts of Guardians of Estates of Incompetents/ Incapacitated Persons. The annual account of the guardian for an incompetent or incapacitated person shall be in the form prescribed by Carbon Co. O.C.R. No. 14.3.

Rule 6.10.1.  Objections. Form and Content.

   (a)  Objections to an account, inventory, and statement of proposed distribution shall be in writing; shall be numbered consecutively; shall be signed by the objector or his or her attorney; and where they contain allegations of fact, shall be properly verified in the same manner as a petition.

   (b)  Each objection shall be specific as to description and amount, shall raise but one issue of law or fact, and shall set forth briefly the reason or reasons in support thereof.

Rule 6.10.2.  Objections. Time for Filing.

   (a)  Written objections to an account, inventory, or statement of proposed distribution may be filed as of course with the Clerk at any time prior to, or at, the call of the account for confirmation.

   (b) No objections shall be made or filed except as provided in subparagraph (a) unless leave of Court is first obtained.

Rule 6.10.3.  Objections. Deposit on Account of Fees and Costs.

   Upon the filing of objections to an account, inventory or statement of proposed distribution, objectors shall deposit with the Orphans Court the sum of $350.00 on account of the fees and costs of the Auditor or Master.

Rule 6.10.4.  Objections. Service. Return.

   A copy of objections to an account, inventory or statement of proposed distribution shall be served upon the accountant and all other parties in interest or their attorney of record, immediately after the objections have been filed with the Clerk. Proof of such service shall be filed forthwith with the Clerk. Any unreasonable delay in serving objections shall constitute grounds for dismissal of the same by the Court.

Rule 6.10.5.  Objections. Failure to Make, Effect.

   Any question which can be and is not raised by objections conforming to these Rules shall not thereafter be the subject of an exception to an order confirming an account or decreeing distribution.

Rule 6.11.1.  Accounts. Confirmation.

   All accounts on the advertised Confirmation List will be presented for Confirmation on the day set for confirmation; but, in cases requiring the taking of testimony or the hearing of argument on legal questions or in which objections have been filed, a hearing date will be scheduled by the Court.

Rule 6.11.2.  Distribution under Section 3534 of P.E.F. Code.

   (a)  Where at the time of distribution of the estate the personal representative or a distributee requests the Court to divide, partition, and allot the real estate or to direct a sale thereof, an interlocutory decree shall be entered fixing a day certain, not less than twenty (20) days from the date of the interlocutory decree, for hearing; the interlocutory decree to be entered shall be in the form of a notice to all parties in interest that on the day so fixed for hearing the Court will hear the contentions of the parties in interest with respect to:

   (1)  whether the real estate can be divided among less than all of the parties in interest without prejudice to or spoiling the whole and if so, how; and

   (2)  whether the Court should direct the personal representative to sell at a sale confined to the distributees or at a private or public sale not so confined.

   (b)  A copy of the interlocutory decree, duly certified, shall be served by certified or registered mail, by the personal representative, upon all parties in interest, not less than ten (10) days before the return day fixed in the decree; proof of service of notice, in the form of return receipts, to be filed upon the return day.

Rule 6.11.3.  Settlement of Small Estates. Contents of Petition.

   (a)  Contents of Petition. A petition for the settlement of small estates under Section 3102 of the P.E.F. Code shall set forth:

   (1)  the name, date of death, and residence of the decedent;

   (2)  the petitioner's name and address and his/her relationship to the decedent;

   (3)  if the petitioner is the surviving spouse, the date and place of marriage to the decedent;

   (4)  whether the decedent died testate or intestate;

   (5)  the names, relationship, and interest of all persons entitled to share in the decedent's estate under the Will, if any and the names, relationship and interest, if any, intestate heirs, stating who are minors, incapacitated persons, or decedents, with the names of their fiduciaries, if any, and whether any of them received or retained any property of the decedent by payment of wages, salary or any accrued pension under Section 3101 of the P.E.F. Code or otherwise;

   (6)  where a claim for family exemption is included, a statement that claimant formed a part of the decedent's household at the date of death and, if the claimant is the surviving spouse, that he or she has not forfeited the right to claim the family exemption;

   (7)  an itemized statement of the gross personal estate to be distributed and the fair value of each item other than cash, such value to be that given in the inventory filed, and if one was filed, then the fair value, if not readily ascertainable, shall be fixed by two appraisers whose affidavits of value shall be attached to the petition;

   (8)  the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and the nature and amount of each payment;

   (9)  the names of all unpaid claimants of whom the petitioner has notice, the nature and amount of each claim, and whether such claims are admitted;

   (10)  that a schedule of assets and deductions for inheritance tax purposes has been filed with the Register of Wills, the amount of any inheritance tax assessed, and the date of payment thereof, or the reasons why no such schedule was filed; and

   (11)  a statement that ten (10) days written notice of intention to present the petition has been given to every beneficiary, heir, or unpaid claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown.

   (b)  Exhibits. The following exhibits shall be attached to the petition:

   (1)  a copy of the decedent's Will;

   (2)  the consents of unpaid beneficiaries, heirs, and claimants; and

   (3)  the inheritance tax voucher, or in lieu thereof a statement from the inheritance tax department that no tax is due.

RULE 7--EXCEPTIONS

Rule 7.1.1.  Exceptions. Form and Contents.

   (a)  No exceptions shall be filed to orders or decrees entered in proceedings unless the right to except thereto is expressly conferred by Act of Assembly, Pa. Orphans Court Rule, Local Rule, or special order, and all decrees other than those to which exceptions are so allowed to be taken are FINAL.

   (b)  Exceptions to findings of fact and conclusions of law contained in adjudications, orders and decrees shall be in writing, shall be numbered consecutively, and shall be signed by the exceptant or his attorney.

   (c)  Each exception shall be specific, shall raise but one question and shall set forth briefly the reason or reasons in support thereof.

   (d)  Questions which were the proper subject of objections to accounts, inventory, or statements of proposed distribution and were not raised when the account was called for confirmation, or questions which might properly have been raised by an answer to or during a hearing on a petition, shall not be subject of exceptions, and if so made shall be subject to dismissal.

Rule 7.1.2.  Exceptions. Time for Filing.

   Except as otherwise provided, exceptions shall be filed as of course with the Clerk within twenty (20) days from service of a copy of the adjudication, order, proposed order, or decree complained of, or a report of a Master or Auditor, and a true and correct copy of the exceptions served upon all parties in interest, or their counsel of record. Proof of service as aforesaid shall be filed with the Clerk prior to any disposition of the exceptions.

Rule 7.1.3.  Exceptions. Partial Distribution.

   When the matters which are the subject of an adjudication, schedule of distribution, or the report of an auditor or master, are so separate and distinct that an exception to any one or more, whether sustained or dismissed, cannot affect the remainder, and the accountant will not be prejudiced by the distribution of such remainder, confirmation of the adjudication, schedule of distribution, or report, shall not be suspended, except as to those matters to which exceptions have been filed; distribution may proceed as to the remainder, and any party from whom such distribution has been withheld may petition the Court to order distribution.

RULE 8--AUDITORS AND MASTERS

Rule 8.1.1.  Appointment.

   The Court, on its own motion, or upon petition of the accountant, or of any other party in interest, may appoint an Auditor or Master to assist the Court in the audit of an account or the disposition of an issue of fact in a matter.

Rule 8.1.2.  Notice of Hearing. Hearings.

   (a)  The Clerk shall give written notice of an Auditor's or Master's appointment to all counsel of record and all interested parties not represented by counsel known to the Clerk.

   (b)  Notice of the hearings shall be given by the Auditor or Master.

   (c)  The hearing shall be held in an appropriate room at the Carbon County Courthouse at a time and place indicated and not later than forty-five (45) days after the Auditor's or Master's appointment and shall be extended only upon application to the Court for good cause shown.

Rule 8.5.1.  Transcript of Testimony.

   (a)  Testimony given at an Auditor's or Master's hearing shall be stenographically recorded, unless otherwise ordered by the Court upon application by a party, or the Auditor or Master.

   (b)  The transcript of testimony taken before an Auditor or Master shall be filed with the report.

   (c)  Fees may be taxed as costs and the Auditor or Master shall recommend to the Court that the stenographer's fees follow the award as costs in appropriate cases.

Rule 8.6.1.  Filing of Report. Notice of Filing. Proof of Notice.

   (a)  An Auditor or Master shall file with the Clerk of Orphans Court his or her original report, together with the transcript of testimony and the proposed Decree Nisi, not later than 120 days after conclusion of the final hearing, and shall give notice in writing to all parties in interest or their counsel of record of the filing of such report, and shall further file proof of the giving of notice with the Clerk.

   (b)  The Clerk shall serve a copy of said report and proposed Decree Nisi upon each counsel of record and to each party in interest not represented by counsel.

Rule 8.7.1.  Report of Auditor or Master. Disposition Procedure.

   (a)  Subject to the provisions of Carbon Co. O.C.R. No. 8.8.1(b), the report of an Auditor or Master shall be transmitted to the Court for Confirmation Nisi upon filing with the Clerk and shall become FINAL unless written exceptions thereto are filed within twenty (20) days after the date of filing the report.

   (b)  Exceptions. Any party in interest shall have the right to file exceptions to the report of an Auditor or Master within twenty (20) days after the filing and Confirmation Nisi thereof.

Rule 8.8.1.  Compensation and Security.

   (a)  Any Auditor or Master appointed by the Court under these Rules shall be compensated by reasonable fees as fixed by the Court and paid from such sources as the Auditor or Master shall recommend and the Court shall direct.

   (b)  A motion to the Court to require additional security for payment of fees and expenses may be filed with the Clerk at any time by the Auditor or Master, Accountant or any party in interest. The report shall not be filed with the Clerk until all fees and expenses have been paid.

RULE 9--OFFICIAL EXAMINERS

Rule 9.1.1.  Official Examiners.

   Whenever an examination of assets is ordered in connection with an accounting, the special order of appointment will be included in the adjudication of the account, and the examiner shall make the examination after the schedule of distribution has been filed and approved so that the assets distributable to fiduciaries, which are the assets to be examined, will have been determined.

Rule 9.1.2.  Official Examiners. Compensation.

   Each estate shall be liable for the compensation of the examiner and the amount of such compensation shall be fixed by special Order of the Court.

RULE 10--REGISTER OF WILLS

Rule 10.1.1.  Appeals From Grant of Letters.

   Appeals from the grant of letters of administration or letters testamentary, whether founded upon discovery of a later will or otherwise, shall initially be filed with and heard by the Register of Wills, who shall conduct a hearing on such appeal within thirty (30) days of the filing of same. The Register of Wills shall issue a written decision granting or denying the appeal not later than ten (10) days following the date of the hearing. Appeals to the Court from the decision of the Register shall be as provided in Carbon Co. O.C.R. No. 10.1.2.

Rule 10.1.2.  Form of Appeal From Register of Wills Decision.

   When an appeal is taken from a judicial act or proceeding before the Register of Wills, the appellant shall do so by petition which sets forth:

   (1)  the nature of the proceedings before the Register of Wills;

   (2)  the reasons for the appeal;

   (3)  the names and addresses of all parties in interest, including those who have not been made parties to the record and their counsel; and

   (4)  A request that a Rule to Show Cause issued directed to all parties in interest including those not represented on the record to show cause why the appeal should not be sustained and the judicial act or proceeding complained of be set aside and reversed.

   Upon the issuance of the Rule to Show Cause, the Register of Wills shall certify the record to the Court.

Rule 10.2.1.  Inheritance Tax Appeals.

   Practice and procedure in inheritance tax appeals shall be in accordance with the Inheritance and Estate Tax Act, 72 P. S. § 9101 et seq.

RULE 12--SPECIAL PETITIONS

Rule 12.1.1.  Family Exemption. Appraisal.

   (a)  Where the exemption is claimed from personal property included in the inventory filed, the value of each item so claimed shall be that given in the inventory filed.

   (b)  Where the exemption is claimed from personal property forming part of a Small Estate and no inventory has been filed, the value of each item claimed shall be the fair value thereof.

   (c)  Unless otherwise directed by the Court, no appraisal shall be required if the exemption is claimed;

   (1)  in money;

   (2)  from personal property and the gross value of the estate does not exceed the amount of the exemption;

   (3)  in real or personal property at valuations agreed upon by all parties in interest.

Rule 12.1.2.  Family Exemption. Allowance.

   (a)  Personal Property. If the petitioner requests the exemption prior to confirmation, the petitioner shall file a petition with the Clerk and thereupon shall give ten (10) days written notice of intention to request the exemption to the personal representative, if any, and to all persons adversely affected thereby who do not join the prayer of the petition. Objections to the exemption may be filed by any party in interest within twenty (20) days of service of notice thereof.

   (b)  Real Property. If the Petitioner requests the exemption prior to the Confirmation, the appraisers shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such filing shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General. The notice shall contain a copy of the petition and the appraisal, and a statement that confirmation of the appraisal and the setting apart of the real estate to the petitioner will be requested and may be allowed by the Court unless objections are filed thereto within twenty (20) days. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court may direct.

Rule 12.1.3.  Family Exemption. Risk Distribution Prior to Confirmation.

   When the personal representative at his or her own risk delivers assets of the estate in satisfaction of the exemption he shall set forth the same as a disbursement in the account under the subheading ''Family Exemption.'' Such delivery may be the subject of objection by any claimant or party in interest.

Rule 12.2.1.  Allowance to Surviving Spouse of Intestate. Appraisal.

   If an appraisal of property is needed, the manner of appraising the property, of filing and confirming the appraisal, and of advertising or giving notice thereof shall be by special order in each case.

Rule 12.3.1.  Election of Surviving Spouse. Filing of Petition for Extension of Time.

   (a)  A petition for the extension of time in which the surviving spouse may file an Election to Take Against the Will shall include the requirements for a petition under Pa.O.C. Rule 12.3(a) and the facts relied upon to justify an extension of time in which to file the election.

   (b)  The petitioner shall file the petition with the Clerk and thereafter give ten (10) days written notice of intention to request the extension to all persons adversely affected thereby who do not join the prayer of the petition.

   (c)  In the absence of objection, on the presentation of an appropriate motion and verified return of notice at the rule to show cause returnable day designated in the petition, an appropriate decree may be entered.

Rule 12.5.1.  Appointment of Guardian for Minor. Consents Required.

   (a)  Consent of Parents or Person in Loco Parentis. Written consent of the parents or surviving parent of the minor to the appointment of a guardian of the estate or person is required. If both parents are deceased, such consent is required of the adult person with whom the minor resides or of the superintendent or other official in charge of the institution having custody of the minor. If such consent is not obtained, the petitioner shall set forth the reason and give such notice of the petition as the Court may direct.

   (b)  Consent of Guardian. Individual. When the proposed guardian is an individual, written consent to act as such shall contain the following:

   (1)  the individual's business, and domicile;

   (2)  a statement that the individual is a citizen of the United States, able to speak, read, and write the English language; and

   (3)  a statement that the individual is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and

   (4)  a statement that the individual has no interest adverse to the minor.

   (c)  Consent of Guardian. Corporate. When the proposed guardian is a corporation authorized to act as fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary and that it has no interest adverse to the minor.

Note: The foregoing Rules relating to the appointment of a guardian of a minor's estate are subject to the powers given to persons to appoint a guardian by Will, by inter vivos trust agreement, etc. (See Section 2519 of the P.E.F. Code.)

Rule 12.5.2.  Guardians. Minors. Bond. Restricted Account.

   (a)  If funds are placed in a restricted account in accordance with the Probate, Estates and Fiduciaries Code, the decree of the Court may contain a further provision that if no withdrawals are made from the account prior to the minor reaching his majority, the institution may pay over the funds when the minor attains age eighteen (18) years, upon the joint requests of the guardian and the former minor without further Order of the Court.

   (b)  A guardian who has received assets in addition to the deposit or investment made in accordance with this Rule, shall account as if the restricted account did not form part of the estate.

Rule 12.5.4.  Minor's Estate. Allowances. Approval of Court.

   (a)  Mandatory Approval by the Court. No payments shall be made by the guardian of the estate unless approval by the Court is first obtained when payment is to be made from principal, or when special services have been performed by counsel and the guardian is in doubt as to the reasonableness of the fee.

   (b)  Contents of Petition. Allowances for Maintenance, Support, or Education. A petition for an allowance from a minors estate, for the maintenance, support, or education of the minor, the minor's spouse or children, shall be presented by the guardian of the estate and shall set forth:

   (1)  the manner of the guardian's appointment and the date thereof; and, where appropriate, the terms of the instrument creating the estate;

   (2)  the age and residence of the minor; whether his or her parents are living; the name of the person with whom he or she resides; and, if married, the name and age of his or her spouse and children;

   (3)  the value of the minor's estate, real and personal, and the net annual income;

   (4)  the circumstances of the minor, whether employed or attending school; if the minor's parents are living, the reason why the parents cannot support and educate the minor without resorting to the minor's estate;

   (5)  the date and amount of any previous allowances by the Court;

   (6)   a recommendation to the Court of the amount of the allowance the petitioner believes should be decreed; and

   (7)  if the petition is presented by someone other than the guardian of the estate, that demand was made upon the guardian to act, and the reason, if any, given for failure to do so.

   (c)  Contents of Petition. Joinder. Attached to the petition shall be the joinder of the minor, if over fourteen years of age, and of the parents or surviving parent; or, if both parents are deceased, the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor.

   (d)  Allowance for More than One Minor. A single petition may be used for an order of allowance for care, maintenance and education of more than one minor or for funeral expenses of a deceased child, spouse, or indigent parent where the minors are members of the same family, have the same guardian, and substantially the same reasons in support of the petition apply to all of the minors.

   (e)  Allowance from Sequestered Account. Whenever a sequestered deposit has been created for the benefit of a minor, whether or not a guardian has been named, allowances therefrom may be upon petition of anyone interested in the welfare of the minor. Such a petition shall conform as nearly as may be to the requirements of these Rules and shall, in addition, set forth the interest of the petitioner in the matter.

Rule 12.9.1.  Public Sale of Real Property. Contents of Petition.

   (a)  Personal Representative. A petition by a personal representative to sell real property at public sale, under the P.E.F. Code, shall set forth in separate paragraphs

   (1)  name, residence, and date of death of the decedent; whether he or she died testate or intestate, and the date of grant of letters;

   (2)  that the personal representative is not otherwise authorized to sell by the P.E.F. Code, or that the personal representative is not authorized or is denied the power to do so by the Will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons;

   (3)  the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, including the value at which the real property to be sold was included therein;

   (4)  a full description of the real property to be sold, improvements thereon, by whom it is occupied;

   (5)  if the personal representative entered bond with the Clerk, the amount of such bond and the name of the surety;

   (6)  the names of all parties in interest, as heirs, devisees, legatees, or lienholders, who will be affected by the granting of the petition and the interest of each; whether any of them are minors, incompetents/ incapacitated persons, or deceased, and if so, the names and the record of the appointment of their fiduciaries;

   (7)  the liens and charges, if any, of record against the property to be sold;

   (8)  the terms of the proposed sale; and

   (9)  any additional facts which may aid the Court to determine that the sale is desirable for proper administration and distribution of the estate.

   (b)  Trustee--A Petition by a trustee to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs:

   (1)  a statement, in substance, of the provisions of the instrument creating the trust, Particularly the powers, if any, therein given to the trustee in respect of real property;

   (2)  a copy of the instrument creating the trust, in the form of an exhibit, or if too lengthy, the relevant portions;

   (3)  the total value of the personal property and the real property, respectively, forming the corpus of the trust;

   (4)  the amount of the bond, if any, filed;

   (5)  the names of all parties interested as beneficiaries, including life tenants and remaindermen, who will be affected by the granting of the petition, whether any of them are minors, incompetents/incapacitated Persons, or deceased, and if so, the names and the record of appointment Of their fiduciaries;

   (6)  a full description of the real property proposed to be sold, the improvements thereon, by whom it is occupied;

   (7)  the reason the sale of the real property involved is necessary or desirable for the proper administration of the trust estate;

   (8)  the liens and charges, if any of record against the real Property to be sold;

   (9)  that the trustee is not otherwise authorized to sell by the P.E.F. Code, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reason; and

   (10)  the terms of the proposed sale.

   (c)  Guardian. Incapacitated Person's Estate. A petition by a guardian of an incapacitated person's estate to sell real Property at public sale under the P.E.F. Code shall set forth in separate paragraphs:

   (1)  the name, age, marital status and domicile of the incapacitated person; the date of appointment of the guardian and by what court; and the amount of bond filed;

   (2)  the total value of the Personal estate and all of the real property, respectively, as shown in the inventory filed;

   (3)  a full description of the real property proposed to be sold, the improvements thereon, by whom occupied;

   (4)  the names of the parties in interest as heirs and/or next of kin;

   (5)  why the sale of the real Property involved is necessary or desirable for the administration of the incapacitated person's estate;

   (6)  the liens and charges, if any, of record against the property to be sold; and

   (7)  the terms of the proposed sale.

   (d)  Guardian. Minor's Estate--A petition by a guardian of a minor's estate to sell real property at public sale under the P.E.F. Code shall set forth in separate paragraphs:

   (1)  the name, age, and domicile of the minor; the date of appointment of the guardian and the amount of the bond filed;

   (2)  the total value of the personal estate and all of the real property, respectively, as shown in the inventory, if filed, otherwise the value of each as received by the guardian and how and from whom received;

   (3)  a full description of the real property proposed to be sold, the improvements thereon, by whom occupied, and how title was acquired by the minor;

   (4)  the name and relationship of the person with whom the minor lives;

   (5)  where the proposed sale is of an undivided interest, whether the owners of the other undivided interests join in the proposed sale;

   (6)  why the sale of the real property involved is necessary or desirable for the administration or distribution of the minor's estate and whether the proposed sale is for the best interest of the minors estate;

   (7)  the lien and charges, if any, of record against the real property to be sold; and

   (8)  the terms of the proposed sale.

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