THE COURTS
Title 252--ALLEGHENY COUNTY
PART II. ALLEGHENY COUNTY COMMON PLEAS RULES
Orphans' Court Rules
[30 Pa.B. 6549]
Order of Court And Now, this 6th day of December, 2000, the Board of Judges of Allegheny County having voted at the Board of Judges' meeting held October 16, 2000 to rescind in their entirety existing Allegheny County Orphans' Court rules and to adopt the attached Allegheny County Orphans' Court rules, it is hereby Ordered and Decreed that all existing Allegheny County Orphans' Court rules are rescinded and the attached Orphans' Court rules are adopted.
This Order is promulgated in accordance with Pa.O.C. Rule 1.2 and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin. This Order shall be filed with the Prothonotary of Allegheny County in the Rules Docket. Copies shall be submitted to the Clerk of the Orphans' Court, the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Orphans' Court Procedural Rules Committee.
By the Court:
ROBERT A. KELLY,
President Judge
ORPHANS' COURT DIVISION RULE 1.2 Rule 1.2A. Sessions of Court; Standard of Time; Motions.
Sec. 1. Sessions of Court.
The regular sessions of the Court will be held daily, except Saturdays, Sundays and legal holidays, unless otherwise ordered.
Sec. 2. Standard of Time.
Whenever a certain time is stated in these Rules, it shall mean prevailing time.
Sec. 3. Petitions; Motions.
All petitions, motions and miscellaneous business must be presented at 9:30 a.m. or at such other time as may be fixed by Order of Court.
The party who presents a petition or motion shall include a notice of presentation and certificate of service unless all parties in interest consent to the motion. Unless the sole relief requested is the issuance of a citation, ten (10) days' notice of presentation of any petition or motion is required absent an emergency or consent by the opposing party to a shorter notice of presentation.
Where a judge has been actively involved in the matter which is the subject of the petition or motion, counsel shall present the petition or motion to such judge.
Sec. 4. Costs; Vacation of Order for Failure to Pay Cost.
No petition shall be retained of record and no citation, rule or certificate shall be issued, except for cause shown, until all filing costs have been paid. If the costs are not paid within thirty days, the Clerk shall report the default to a judge, who may vacate the order of court.
Rule 1.2B. Attorneys.
Sec. 1. Appearance.
Every attorney presenting any paper to the Court or to the Clerk shall endorse thereon the attorney's name, office address, and telephone number in Pennsylvania and the attorney's identification number issued by the Court Administrator of Pennsylvania. Such endorsement shall constitute an appearance. An appearance may also be entered by praecipe.
Sec. 2. Withdrawal of Attorney Appearance.
An attorney's appearance for a party may not be withdrawn without leave of court unless another attorney has entered or simultaneously enters an appearance for the party.
An attorney of record who desires to withdraw an appearance with leave of Court must:
(a) File a verified petition setting forth the reasons for the request;
(b) At least ten (10) days prior to the time of presentation of the petition, serve upon the client and all other parties to the proceeding a true and correct copy of the petition and a notice of the date, time and place that the petition will be presented to the Court; and
(c) Certify that the petition and notice of the time, date and place of presentation of the petition were duly served.
Leave to withdraw an appearance will not be granted unless, after consideration of all relevant factors, the Court determines that the withdrawal will not unduly prejudice any party or unduly delay the processing of the case for final disposition.
Sec. 3. Agreements.
All agreements between attorneys will be considered of no validity, if disputed, unless made in writing or of record in open Court.
Sec. 4. Attendance, Appearance or Verification by Counsel.
Whenever these Rules provide for attendance, appearance, or signing or verification by any person or entity, such attendance, appearance, signing or verification may be by counsel of record; provided, however, that factual allegations in a petition for other than procedural relief shall be verified by the party on whose behalf the petition is presented or by an authorized person familiar with such facts, other than counsel.
Rule 1.2C. Recording Inter Vivos Trusts.
Before a petitioner can invoke the jurisdiction of the Court relating to inter vivos trusts, such petitioner must record the instrument creating the inter vivos trust in the office of the Clerk or the Recorder of Deeds of Allegheny County. Unacknowledged instruments may be recorded in the office of the Clerk by proof of the signatures thereto in the manner required for the probate of wills, unless otherwise ordered by the Court. Nothing herein shall prevent a beneficiary of an inter vivos trust from proceeding by citation to compel the production and recording of a trust instrument.
ORPHANS' COURT DIVISION RULE 2.3 Rule 2.3. Definitions.
The following words when used in these rules, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this rule:
''Clerk'' shall mean the Clerk of the Orphans' Court Division of the Court of Common Pleas of Allegheny County, Pennsylvania.
''Court'', ''Orphans' Court'' or ''Orphans' Court Division'' shall mean the Orphans' Court Division of the Court of Common Pleas of Allegheny County, Pennsylvania, or any judge thereof, having jurisdiction.
''Fiduciary'' shall mean and include executors, administrators, guardians, trustees and attorneys-in-fact, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the Orphans' Court Division.
''PA O.C. Rules'' shall mean the Pennsylvania Supreme Court Orphans' Court Rules, as amended from time to time.
''PEF Code'' shall mean the Pennsylvania Probate, Estates and Fiduciaries Code of 1972, 20 Pa.C.S.A. § 101 et seq., as amended from time to time.
''Register of Wills'' or ''Register'' shall mean the Register of Wills of Allegheny County, Pennsylvania.
ORPHANS' COURT DIVISION RULE 3.2 Rule 3.2. Return Days.
The return day is the last day to answer or take other legal action with respect to a citation or other process. The answer or other pleading shall be filed at or before 9:30 a.m. on the return day.
A pre-hearing conference date, a hearing date, or both, shall be fixed by the Court but shall not be the same date as the return day unless specially ordered.
ORPHANS' COURT DIVISION RULE 3.7 Rule 3.7. Hearings; Briefs; Amicus Curiae.
(a) When pleadings have been filed by the parties in conformity with prescribed procedure, or when the time for filing additional pleadings has expired, or when no pleadings are required, the Court will fix a day for a pre-hearing conference date, a hearing, or both, notice of which shall be given to all parties as the Court may direct.
(b) Unless prohibited by the Court, briefs shall be permitted as a matter of course and shall be provided to the Court and counsel of record (or opposing unrepresented parties) as directed by the Court. Such briefs shall contain a statement of the questions involved, a history of the case and the argument.
(c) Appearances and briefs amicus curiae may be entered and filed with leave of Court and as the Court may direct.
ORPHANS' COURT DIVISION RULE 5.7 Rule 5.7. Parties in Military Service.
When any party in interest in any proceeding in this Court is in the military service of the United States, the procedure shall conform to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 U.S.C.A. 501 et seq.
ORPHANS' COURT DIVISION RULE 6.1 Rule 6.1. Form of Account.
Sec. 1. Form.
Accounts of all fiduciaries presented for confirmation and audit, whether joint or separate, shall be prepared in any form approved by the Supreme Court or in the forms A to E of this Rule and shall be designated by consecutive numbers starting with First and shall be further designated as Interim or Final. The model account formats of the PA O.C. Rules shall be the preferred format. An account which is not in a form consistent with these Rules shall not be confirmed nisi and shall not be scheduled for audit.
Accounts filed after confirmation nisi of an account shall be designated Supplemental. No account will be confirmed absolute pending disposition of all previously filed unaudited and unconfirmed accounts unless the account includes all matters embraced in such prior accounts. The original and one copy of the account shall be filed with the Clerk.
Sec. 2. Copy of Inventory.
Accounts filed by executors, administrators, and guardians under this Rule shall have attached thereto a copy of the inventory (and any supplemental inventory) certified by counsel to be a true and correct copy of the inventory filed.
Sec. 3. Signing-Notice to Co-Fiduciary.
Every account shall be signed by all the fiduciaries stating it. Notice shall be given to each co-fiduciary who does not join in the statement of the account, and proof thereof shall be filed with the Clerk.
Sec. 4. Verification of Accounts.
Every account shall be supported by the verifications of all fiduciaries joining therein stating that (i) the account as stated is true and correct; (ii) that all disbursements credited have been paid to the parties entitled thereto; and (iii) with respect to the accounts of personal representatives (except as provided in Rule 6.4), that four months have elapsed from the date of the first complete advertisement of the grant of letters.
Sec. 5. Request for Distribution.
There shall be a request for distribution signed by the accountant at the end of the account requesting that distribution be determined by the Court in accordance with the petition for distribution to be offered in evidence at the audit of the account.
Sec. 6. Confirmation Nisi; Audit List.
All accounts filed with the Clerk will be confirmed nisi not less than thirty days after the time of filing. An audit list will be made up of all accounts confirmed nisi. The audit list will be called beginning on the second Monday following confirmation nisi, and shall continue thereafter each day until all of the accounts have been audited.
Sec. 7. Attendance at Audits.
(a) Except as provided in subsection (b) immediately below, accountants, claimants, and all other interested persons, either personally or through their counsel, shall attend audits at the time fixed therefor and furnish such information and produce such evidence as may be necessary to make proper disposition of claims and objections, and to determine proper distribution.
(b) Unless ordered by the Court, an accountant is not required to attend the audit if the petition for distribution has been verified by the accountant.
Sec. 8. Continuance.
Unless otherwise ordered by the Court, if a case on an audit list is continued, it shall be placed upon the next audit list by the Clerk.
Sec. 9. Petition for Distribution; Amendments/Additions.
(a) Except as provided by subsection (b) immediately below, every petition for distribution may be typed on forms provided by the Clerk (or a reasonable facsimile thereof) signed and verified by the accountant, and offered in evidence at the audit of the account. The petition shall be prima facie evidence of the allegations therein and, unless objected to by an interested party or by the Court, or changed or altered by the evidence offered at the audit or subsequently with leave of Court, shall be conclusive for the entry of a decree of confirmation and distribution. Receipts or disbursements received or made after audit and before the entry of a decree of distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant.
(b) If additional assets are discovered after audit and confirmation absolute of an account, then a signed and verified petition for the distribution of the same may be filed without an inventory or a formal accounting, provided that it appears in such petition that any inheritance or estate tax due on account thereof has been paid, that there are no known unpaid creditors of the estate and provided that the appropriate notice of presentation has been given.
(c) In addition to the matters required by subsection (a) above, the petition submitted by a guardian of the estate of a person who is still a minor shall set forth the name, address and relationship of the person who assisted the minor in the examination of the account. For any petition for distribution which is filed because a minor has reached the age of majority, the petitioner shall attach a certified copy of the minor's birth record, or such other evidence of age as the Court shall require.
Sec. 10. Distribution in Kind Under Sec. 3534 of the PEF Code.
(a) In every estate in which real estate remains for distribution, the decree of distribution shall consist of two schedules:
Schedule A--Distribution of personalty.
Schedule B--Distribution of real estate.Schedule B shall contain a legal description and shall be submitted to the Court at the audit of the account.
(b) If the heirs, devisees, or legatees elect in writing to take real estate not specifically devised, then it shall be allotted and decreed to them in accordance with their written election or agreement.
(c) If the heirs, devisees, or legatees do not elect in writing to take unconverted real estate in kind, or if they are unable to agree as to the division thereof, any party in interest, including the personal representative of the estate, by petition presented at or prior to the audit of the account, may request the Court to divide, partition, and allot the real estate. When so requested by petition to divide, partition, and allot unconverted real estate, the Court shall fix a procedure for the disposition of such petition.
Sec. 11. Audit; Confirmation; Distribution; Suspension.
(a) Accounts confirmed nisi and any supplements thereto offered at the audit will be examined and audited by the Court. After audit, the accounts will be confirmed absolutely as stated or as modified and re-stated in accordance with the evidence, and balances for distribution decreed to the parties or suspended as circumstances may require. A decree of distribution for a decedent's estate shall not be entered unless proper advertisement has been made or has been excused by the Court in accordance with Rule 6.4.
(b) A decree of distribution may suspend distribution of any part of an estate. In order to lift such a suspension, a petition for that purpose must be submitted to the judge who entered the original decree suspending distribution, setting forth all receipts and disbursements since the entry of that decree. A proposed decree of distribution shall be attached to the petition.
Sec. 12. Receipts for Distributions.
Receipts for distribution, if obtained, may be filed with the Clerk.
Note: The forms for accounts have not been reproduced in this publication.
ORPHANS' COURT DIVISION RULE 6.3 Rule 6.3. Notice to Parties in Interest.
No account shall be confirmed absolutely unless the accountant has given written notice of the filing of the account and the call thereof for audit and confirmation in accordance with PA O.C. Rule 6.3. Notice sent by first class mail shall be deemed compliance with this rule. The notice shall (i) include a statement that a petition for distribution will be presented at the audit, (ii) state the date, time, and place of the audit to the extent then known, and (iii) include a statement as to any matters for which the accountant intends to request an adjudication at audit.
ORPHANS' COURT DIVISION RULE 6.4 Rule 6.4. Time for Filing of Accounts.
The following accounts may be filed before four months have elapsed from the date of the first complete advertisement of the grant of letters:
(a) An account of an administrator d.b.n. when four months have elapsed since the first complete advertisement of the original grant of letters;
(b) An account of an administrator pendente lite;
(c) An account filed pursuant to Sec. 3531 of the PEF Code, dealing with small estates;
(d) An account directed to be filed by the Court.
ORPHANS' COURT DIVISION RULE 6.10 Rule 6.10. Objections to Account; Service.
Any objection to an account and to any matter set forth in or arising out of the petition for distribution shall be made orally or in writing prior to or at audit. Written objections to accounts may be filed prior to audit with the Clerk. Copies of all objections, when filed or presented, must be served on counsel of record for the accountant or on the accountant who is not so represented. The accountant or counsel will provide written notice of the filing of the objections to all parties in interest or to their counsel, if known.
ORPHANS' COURT DIVISION RULE 7.1 Rule 7.1. Exceptions.
(a) General Rule. No later than twenty (20) days after entry of an order, decree or adjudication, a party may file exceptions to any order, decree or adjudication which would become a final appealable order under Pa.R.A.P. 341(b) or 342 following disposition of the exceptions. If exceptions are filed, no appeal shall be filed until the disposition of exceptions except as provided in subdivision (d) (Multiple Aggrieved Parties). Failure to file exceptions shall not result in waiver if grounds for appeal are preserved as provided in subdivision (b) of this Rule.
(b) Waiver. Exceptions may not be sustained unless the grounds are specified in the exceptions and were raised by petition, motion, answer, claim, objection, offer of proof or other appropriate method.
(c) Time for Filing Exceptions. If a party files timely exceptions, any other party may file cross exceptions within ten (10) days after the filing of exceptions.
(d) Multiple Aggrieved Parties. Where more than one party is aggrieved by a final appealable order under Pa. R.A.P. 341(b) or 342, a timely appeal filed by any party supersedes exceptions by any other party and the other shall be submitted directly to the appellate court.
(e) Adoptions and Involuntary Terminations. No exceptions shall be filed to any final order in involuntary termination or adoption matters under the Adoption Act, 23 Pa.C.S. Section 2501, et seq.
(f) Time Limits for Decision on Exceptions. The Orphans' Court shall decide exceptions including supplemental exceptions and cross exceptions within one hundred and twenty (120) days of the filing of the initial exceptions. If the Orphans' Court fails to decide the exceptions within one hundred and twenty (120) days, the exceptions shall be deemed denied by operation of law on the one hundred and twenty first (121st) day and the clerk is directed to enter the deemed denial on the docket as of that date. The appeal period shall begin to run as of the one hundred and twenty first (121st) day.
(g) Exceptions. Exceptions shall be the exclusive procedure for review by the Orphans' Court of a final order, decree or adjudication. A party may not file a motion for reconsideration of a final order.
(h) Transcript of Testimony. All exceptions shall contain a request designating a portion of the record to be transcribed in order to enable the court to dispose of the exceptions. Within ten days after the filing of the exceptions, any other party may file an objection requesting that an additional, lesser or different portion of the record be transcribed. If no portion is indicated, the transcription of the record shall be deemed unnecessary to the disposition of the exceptions. The trial judge shall promptly decide the objection to the portion of the record to be transcribed.
ORPHANS' COURT DIVISION RULE 10.2 Rule 10.2. Appeals From the Register of Wills.
(a) Form and Notice of Appeal
An appeal from a decree of the Register shall be made to the Court in a form substantially similar to Form A of this rule or on any substantially similar form.
Notice of such appeal shall be served on all interested parties or their counsel.
(b) Form of Petition
After an appeal has been taken to the Court from any decree of the Register, the appellant shall present a petition to the Court within thirty days after filing the appeal. Such petition shall specify the grounds upon which the appeal is based; shall set forth the names and addresses of all interested parties and the necessary jurisdictional facts; shall be signed by the appellant or appellant's counsel of record; and shall be filed with the Clerk. A copy of the decree of the Register and a copy of the appeal form shall be annexed to the petition. Thereupon the Court will award a citation to all interested parties to show cause why the appeal should not be sustained and the decision complained of set aside.
(c) Action Upon Default
When on appeal no petition is filed within thirty days, the appeal may be dismissed by the Court upon petition of any party in interest.
If the respondent fails to comply with the requirements of any citation or notice, the Court, upon proof of service thereof, shall make such order as may be just and necessary.
ORPHANS' COURT DIVISION RULE 12.7 Rule 12.7. Resignation and Discharge of Living Fiduciaries.
When a fiduciary has not completed the administration of the estate, the fiduciary's petition for leave to resign and be discharged shall set forth:
(a) The nature of the fiduciary capacity;
(b) The date and a reference to the record of the fiduciary's appointment and the names of the fiduciary's sureties, if any;
(c) The kind and value of the property remaining in the estate;
(d) Whether an account has been or will be filed; and
(e) The reason for the fiduciary's resignation.
The prayer shall be (i) for the acceptance of the resignation and an order directing payment and transfer of the remainder of the property in the fiduciary's hands to the fiduciary's successor; and (ii) for the discharge of the fiduciary and the fiduciary's sureties, if any, upon confirmation of the fiduciary's account.
The Court, with or without notice to the parties and with or without a hearing, may accept the fiduciary's resignation and direct the fiduciary to make payment and transfer of the assets of the estate to the fiduciary's successor and may require the fiduciary to state and file an account.
The proposed successor fiduciary and the representatives of persons not sui juris, if appointed, and any other interested person, may examine the assets of the estate and any account filed, and, when necessary, file objections. Upon consideration thereof and after audit and confirmation of the account, if filed, and proof that all taxes assessed have been paid or that provision has been made for their payment, the Court will decree a discharge of the accounting fiduciary and the fiduciary's sureties, if any, upon payment and transfer of the assets remaining in the hands of the fiduciary to the fiduciary's successor or as otherwise directed by the Court.
ORPHANS' COURT DIVISION RULE 12.9, 12.10 and 12.11 Rules 12.9, 12.10 and 12.11. Public or Private Sale or Options of Real Property; Mortgage or Lease of Real Property.
Any petition for leave to make a public or private sale of real property of a decedent or to mortgage, lease, or exchange real property, or to grant an option for the sale, lease, or exchange of real property under Sections 3351, 3352, 3353 or 3354 of the PEF Code shall set forth the following:
Sec. 1. Real Property.
(a) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; the name and date of appointment of the personal representative; and the amount of bond given by the personal representative, if any;
(b) a description adequate to describe the real property involved, with the improvements thereon, how acquired by the decedent, its rental income or value, its value shown by the inventory, and, if the Pennsylvania transfer inheritance tax appraisement has been filed, its value as shown therein;
(c) the names of all parties interested as heirs, devisees, legatees, or lienholders who will be affected by the granting of the petition, the interest of each, an indication of whether any of such are not sui juris, together with the names of their fiduciaries, if any:
(d) the names of the parties in interest consenting to the transaction;
(e) the reasons why the sale or other requested disposition of the real property is desirable for the proper administration and distribution of the estate; and
(f) the mortgages, if any, to be discharged by sale with the consent of the mortgagees;
When approval of a private sale, or an exchange, or an option is sought, then in addition to the requirements set forth in subparagraphs (a) through (f) immediately above, the petition shall set forth:
(g) the name of the proposed purchaser, purchase price, terms of the transaction and that, in the opinion of the petitioner, the price offered is better than can be obtained at public sale; and
(h) that the real property has been valued by at least two qualified real estate appraisers not personally interested in the proposed transaction.
When approval of a mortgage or lease is sought, then in addition to the requirements of subparagraphs (a) through (f) of Section 1 of this rule, the petition shall set forth the name of the person desiring to enter into the transaction, together with a summary of the terms of the instrument which the Court is requested to approve.
Sec. 2. Exhibits.
Exhibits to such petitions shall be attached in the following order:
(a) a copy of the will, if any;
(b) a certificate of the proper county authority showing the assessed value of the real property;
(c) the joinder of parties who consent to the transaction; and
(d) a copy of the inventory;
When approval of a private sale, or an exchange, or an option is sought, then in addition to the exhibits required by subparagraphs (a) through (d) immediately above, the following exhibits shall be attached:
(e) a copy of the contract of sale or other instrument which the Court is requested to approve; and
(f) copies of the affidavits of the appraisers or the appraisals which conform to the requirement of the PA. O.C. Rules.
When approval of a mortgage or lease is sought, then in addition to the exhibits required by subparagraphs (a) through (d) of this Section 2, a copy of the proposed mortgage or lease shall be attached as an exhibit.
Sec. 3. Notice.
If the property is located in Allegheny County, then public notice of a proposed public or private sale, or an exchange, or an option shall be given by advertisement once a week for three successive weeks in the daily editions of the Pittsburgh Legal Journal and in one newspaper of general circulation published in Allegheny County. If the property is not located in Allegheny County, then such public notice shall be given in the legal periodical, if any, of that county and in one newspaper of general circulation published in such county. In either case, public notice shall include the posting of at least five notices of the proposed sale, exchange or option on and in the immediate vicinity of the premises to be sold, exchanged, or optioned.
Sec. 4. Bid Process.
On or before the return day of a public sale, the proofs of publication and of posting of notice, if required, shall be filed. On such return day, the Court will then open the sales to competitive sealed bidding or may permit competitive oral bidding in an open court or the Court may refer the matter to the Clerk and fix the time and place during the same day when the Clerk will offer the property at auction and make immediate return thereto to the Court. The successful bidder shall forthwith deposit cash or its equivalent with the personal representative in a sum not less than ten percent of the amount of the bid; the balance shall be paid as directed by the Court.
Sec. 5. Additional Security.
On or after the return day of a sale or other transaction hereunder, the Court shall fix the amount of the security or additional security which the personal representative shall be required to enter. If, however, the facts warrant and a stipulation is entered by the surety on any existing security accepting liability for the proceeds of the sale or other transaction, the Court may excuse the personal representative from entering security or additional security. The surety on any additional bond, except for cause shown, shall be the same as on the original bond. The bond shall be presented to the Court for approval.
Sec. 6. Similar Petitions.
Petitions of trustees under Secs. 7133, 7141 and 7142 of the PEF Code, petitions of guardians under Secs. 5152 and 5155 of the PEF Code, and petitions of guardians under Secs. 5521 and 5522 of the PEF Code, shall conform so far as possible to the provisions of this rule.
Sec. 7. Personal Property.
When a sale, pledge, mortgage, lease, exchange, or option of personal property requires the approval of the Court, then the petition for such approval shall conform so far as possible to the provisions of this rule.
ORPHANS' COURT DIVISION RULE 12.16A Rule 12.16A. Small Estates.
Any petition for settlement of a small estate as authorized by the PEF Code shall set forth the following:
Sec. 1. Personalty Only. When the estate of the decedent consists of personalty only, the petition shall set forth the following:
(a) The name, date of death and domicile of the decedent; whether the decedent died testate or intestate; if testate, whether the will was probated; whether letters have been granted, and if so, on what date and to whom;
(b) The items of personal property owned by decedent and their values at the date of death;
(c) The names of all beneficiaries under the will, if any, as well as the names of decedent's next of kin if not named as beneficiaries under the will;
(d) The names of the surviving spouse and next of kin if decedent died intestate as to any personalty;
(e) The names of any persons entitled to distribution who are not sui juris, with the names of their trustees or guardians and a reference to their appointment;
(f) When a family exemption is claimed:
(1) by whom the exemption is claimed;
(2) the name of the surviving spouse, if any, whether the family relationship was maintained, and whether the spouse has forfeited his or her rights;
(3) if children of the decedent are claiming the exemption, then the names of all children and whether such children were members of the same household as the decedent at death, indicating any who are not sui juris, or if there are no such children, the names of the parent or parents of the decedent who were members of the same household as decedent at death;
(4) a description of the property claimed and the gross value thereof;
(5) whether there is any objection to the claim, and if so, by whom;
(g) An itemized list of unpaid administrative expenses, preferred debts, and taxes, including those due to the Commonwealth;
(h) An itemized list of all claims and whether or not admitted;
(i) The names of all next of kin and legatees under the will, if any, not joining in the petition.
Exhibits shall be attached in the following order:
(1) A copy of the will, if any;
(2) The joinder of all next of kin, legatees, creditors, sureties on any administrator's bond, and any others interested in the decedent's estate, who consent to the granting of the petition;
(3) A receipt or statement from the agent of the Commonwealth showing that the Pennsylvania inheritance tax has been paid in full, or such agent's consent to the granting of the petition; and
(4) An itemized list of all disbursements made prior to filing the petition, specifying the date, amount, payee and purpose of each disbursement.
Sec. 2. Realty. When the estate of the decedent consists of personalty and realty or realty only, then in addition to the information required by Section 1 of this Rule, the petition shall set forth the following:
(a) The date of the first complete advertisement of the letters, and the amount of bond, if any; and
(b) The names of all devisees under the will, if any.
In addition to the exhibits required by Section 1 of this Rule, the petitioner shall attach proof of advertising as an exhibit to the petition.
ORPHANS' COURT DIVISION RULE 12.16B Rule 12.16B. Sales of Real Estate; Additional Security or Waiver Thereof.
Sec. 1. In the case of a personal representative who has been required to give bond, the petition for an order requiring additional security or excusing such personal representative from entering additional security under the applicable provisions of the PEF Code, shall set forth the following:
(a) the name, residence, and date of death of decedent; whether the decedent died testate or intestate; the name of the personal representative and the date of appointment;
(b) the amount of the bond filed with the Register and the name of the surety thereon;
(c) a description adequate to identify the real estate to be sold and the improvements thereon;
(d) the name and address of the purchaser and the price to be paid;
(e) the names of all parties in interest and whether or not they are sui juris.
When an order excusing the entry of additional security is requested, or when security previously entered is to be used to secure in whole or in part the proceeds of the sale referred to in the petition, there shall be attached to the petition a stipulation signed by the surety on the existing bond accepting liability for the proceeds of the real estate to be sold.
Sec. 2. Exhibits.
Exhibits to such petitions shall be attached in the following order:
(a) a copy of the will, if any;
(b) a copy of the inventory, if filed;
(c) a copy of the agreement of sale; and
(d) consents, if any, of the parties in interest.
Sec. 3. Surety.
Except for cause shown, the surety on the bond of the personal representative at the time of appointment shall be surety on any additional bond.
Sec. 4. Form of Additional Bond.
When an additional bond is required, or a personal representative is excused from entering additional security, an order of Court in substantially the following form shall be annexed to the petition:
And now, this ____ day of ____ , 20 __ , upon consideration of the annexed petition and on motion of ______ , it is ordered, adjudged, and decreed that ______ , ______ of the estate of ______ , (Personal Representative)
deceased, enter in the office of the Register of Wills additional security in the amount of $ _____ , with _____ as surety and, upon the entry of the same, the said ______ is authorized to receive the (Personal Representative)
proceeds of the sale of the real estate known as _____ , _________________ Pennsylvania as the (Number, Street and Municipality)
same is more fully described in the Petition.__________
Sec. 5. Petition of Trustees.
Petitions of trustees relating to the posting or excusing of security or additional security under the applicable provisions of the PEF Code shall conform substantially to the foregoing provisions of this rule.
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