THE COURTS
CUMBERLAND COUNTY
Rules of the Court of Common Pleas; No. 21-95-945 Orphans Court
[35 Pa.B. 505]
Order of Court And Now, this 29th day of December, 2004, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective December 29th, 2004, or thirty (30) days after publication in the Pennsylvania Bulletin.
Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Microsoft Word reflecting the text in the hard copy version, one (1) copy to the Supreme Court Orphans Court Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal.
By the Court
GEORGE E. HOFFER,
President Judge
RULES OF THE COURT OF COMMON PLEAS
ORPHAN'S COURT DIVISION
Integrated with Pennsylvania Supreme Court
Orphan's Court Rules
Supreme Court Rules in bold type
Local Rules in regular type
RULE 1. JUDGES--LOCAL RULES Rule 1.1-1. [No revision required]
Rule 1.2. Local Rules
LOCAL RULES OF COURT Rule 1.2-1. [No revision required]
COURT OFFICE AND RECORDS Rule 1.2-2. [No revision required]
COURT CALENDAR Rule 1.2-3. [No revision required]
SURETIES Rule 1.2-4. [No revision required]
RULE 2. CONSTRUCTION AND APPLICATION
OF RULES
Rule 2.1. Construction of Rules
CONSTRUCTION OF LOCAL RULES Rule 2.1-1. [No revision required]
FOOTNOTES Rule 2.1-2. [No revision required]
Rule 2.2. Waiver of Time Limitation Rule 2.2-1. [No revision required]
Rule 2.3. Definitions
DEFINITIONS Rule 2.3-1.
* * * * * ''Exception'' means a disagreement with any order, decree, adjudication, confirmation or other decision of the Court which would become a final appealable order under Pa.R.A.P. 341(b) or Pa.R.A.P. 342 following disposition of the Exceptions.
* * * * * ''PEF Code'' means the ''Probate, Estates and Fiduciaries Code,'' 20 Pa.C.S. §§ 101, et seq.
* * * * * Note: The Court may disregard any misnomer of an Exception or Objection, and no such misnomer shall be grounds for dismissal. See Pa.O.C. Rule 2.1 and Pa.R.C.P. 126.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
RULE 3. PLEADING AND PRACTICE
Rule 3.1. Conformity to Equity Practice in General
DECREES Rule 3.1-1.
All decrees entered in the Orphans' Court Division shall be final, unless Exceptions shall be filed as permitted or prescribed by Pa.O.C. Rule 7.1.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 3.2. Petition, Answer and Reply
PETITION AND ANSWER Rule 3.2-1. [No revision required, except in Note]
Note: See PEF Code § 761, and C.C.R.P. 206-1 to 209-2, inclusive.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 3.3. Averment of Incapacity Rule 3.3-1. [No revision required]
Rule 3.4. Form of Petition. Exhibits. Consents Rule 3.4-1. [No revision required, except in Note]
Note: No local rule required. For requirement that form of decree shall be affixed to the front of the petition, see C.C.R.P. 206-3
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 3.5. Mode of Proceeding on Petition
DISPOSITION Rule 3.5-1. [No revision required]
Rule 3.6. Depositions, Discovery, Production of Documents and Perpetuation of Testimony
Rule 3.6-1. [No revision required, except in Note]
Note: No local rule required. See PEF Code § 774 and § 775, and C.C.R.P. 209-1 and 209-2.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
RULE 4. COMPUTATION OF TIME
Rule 4.1. Generally Rule 4.1-1. [No revision required]
Rule 4.2. Publication for Successive Weeks Rule 4.2-1. [No revision required]
Rule 4.3. Computation of Months Rule 4.3-1. [No revision required]
RULE 5. NOTICE
Rule 5.1. Method Rule 5.1-1. [No revision required, except in Note]
Note: No local rule required. See PEF Code § 765 and § 768. For the legal periodical, see, C.C.R.P. 335. See also C.C.R.P. 1009-1.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 5.2. Method; Person Under Incapacity
METHOD; WHEN NO FIDUCIARY Rule 5.2-1. [No revision required]
Rule 5.3. Time for Notice Rule 5.3-1. [No revision required]
Rule 5.4. Return of Notice Rule 5.4-1. [No revision required]
Rule 5.5. Charities; Notice to the Attorney General Rule 5.5-1. [No revision required]
Rule 5.6. Notice to Beneficiaries and Intestate Heirs Text of rule applying to decedents dying on or after July 1, 1992 and before Jan. 1, 1999.
Rule 5.6-1. [RESERVED; applying to decedents dying on or after July 1, 1992 and before Jan. 1, 1999.]
Note: No local rule required. With respect to subdivision (a)(7) of Pa.O.C. Rule 5.6, it is suggested that ''other intestate heirs'' be determined as of decedent's date of death as if decedent died intestate. Accordingly, only such intestate heirs would be entitled to notice. See Holtz Estate, 13 Cumb. L.J. 124 (1963). In the event any intestate heirs are unknown, it is suggested that the manner of giving notice shall be as the Court directs. See Pa.O.C. Rule 5.1(d).
Adopted February 1, 1993, effective March 30, 1993. (*Originally included as part of local rules, but currently omitted)
Rule 5.6. Notice to Beneficiaries and Intestate Heirs
Text of rule applying to decedents dying on or after Jan. 1, 1999. Rule 5.6-1. [RESERVED; applying to decedents dying on or after Jan. 1, 1999.]
Note: No local rule required.
Adopted December 29, 2004, effective December 29, 2004.
Rule 5.7. Form of Notice and Certification of Notice to Beneficiaries and Intestate Heirs Rule 5.7-1. [RESERVED]
Note: No local rule required.
Adopted December 29, 2004, effective December 29, 2004.
RULE 6. ACCOUNTS AND DISTRIBUTION
Rule 6.1. Form
FORM Rule 6.1-1.
* * * * * (f) Every account filed with the Clerk shall be signed by each accountant, unless special leave of court is obtained, and shall be verified by at least one accountant.
Adopted May 15, 1990, effective July 1, 1990; subparagraph (f) amended February 1, 1993, effective March 30, 1993. (*Originally included as part of local rules, but currently omitted)
* * * * *
RULE 6.2. Form. Separate Accounts for Minors Rule 6.2-1. [No revision required]
Rule 6.3. Notice to Parties in Interest
NOTICE--CERTIFICATION Rule 6.3-1.
No account presented shall be confirmed, nor any decree of distribution made, unless the accountant or attorney shall certify that written notice of the time of presentation of the account and proposed statement of distribution and the character thereof has been given for at least twenty days prior to the date fixed for confirmation in accordance with and as required by Section 3503 of the PEF Code.
Note: See PEF Code § 3503, as amended effective Dec. 16, 1992.
Adopted May 15, 1990, effective July 1, 1990; amended February 1, 1993, effective March 30, 1993 (* Originally included as part of local rules, but currently omitted); amended December 29, 2004, effective December 29, 2004.
Rule 6.4. Time for Filing
DEADLINE FOR FILING ACCOUNTS Rule 6.4-1.
Accounts of personal representatives to be confirmed shall be filed not later than 4:30 p.m. (prevailing time) of the fifth Friday preceding the date fixed for confirmation of said accounts.
Note: See C.C.O.C.R. 1.2-3.
Adopted May 15, 1990, effective July 1, 1990; amended February 1, 1993, effective March 30, 1993 (*Originally included as part of local rules, but currently omitted); amended December 29, 2004, effective December 29, 2004.
Rule 6.5. Repealed
Repealed
Adopted May 15, 1990, effective July 1, 1990; repealed February 1, 1993, effective March 30, 1993. (*Originally included as part of local rules, but currently omitted)
Rule 6.6. Filing With the Clerk of the Orphans' Court
ADVERTISING Rule 6.6-1.
The Clerk shall advertise all accounts and accompanying statements of proposed distributions, if any, in the Cumberland Law Journal and in one newspaper of general circulation published within the county at least once a week during the two weeks immediately preceding the time for presentment of the accounts to the Court. Said advertisements shall set forth the name and the capacity of the respective accountants and shall set forth the time and place that said accounts shall be submitted to the Court for confirmation.
Note: See PEF Code § 745, as amended.
Adopted May 15, 1990, effective July 1, 1990; amended February 1, 1993, effective March 30, 1993. (*Originally included as part of local rules, but currently omitted)
Rule 6.7. Filing Copy with the Department of Revenue
Rule 6.7-1. [No revision required, except as noted]
Rule 6.8. Filing Copy with the United States Veterans' Administration Rule 6.8-1. [No revision required, except as noted]
Rule 6.9. Statement of Proposed Distribution
FILING--TIME AND PLACE Rule 6.9-1. [No revision required, except in Note]
Note: See C.C.O.C.R. 6.1-1 and Pa.O.C. Rule 6.6.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
CONTENTS Rule 6.9-2. [No revision required]
STATEMENT OF PROPOSED DISTRIBUTION Rule 6.9-3. [No revision required]
Rule 6.10. Objections to Accounts and Statements of Proposed Distribution
FILING AND SERVICE Rule 6.10-1. [No revision required]
DISPOSITION OF OBJECTIONS Rule 6.10-2. [No revision required]
Rule 6.11. Confirmation of Accounts. Awards
CONFIRMATION Rule 6.11-1. [No revision required]
SMALL ESTATES Rule 6.11-2. [No revision required]
Rule 6.12. Status Report of Personal Representative Rule 6.12-1. [No revision required]
RULE 7. EXCEPTIONS
Rule 7.1. Exceptions [Repealed]
Adopted May 15, 1990, effective July 1, 1990; repealed December 29, 2004, effective December 29, 2004.
EXCEPTIONS--FORMS Rule 7.1-1. [No revision required, except as noted]
EXCEPTIONS--FILING Rule 7.1-2.
Exceptions shall be filed with the Clerk.
Adopted May 15, 1990, effective July 1, 1990; repealed in part and amended in part December 29, 2004, effective December 29, 2004.
RULE 8. AUDITORS AND MASTERS
Rule 8.1. Notice of Hearings
NOTICE OF HEARINGS Rule 8.1-1.
On appointment, the auditor shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing.
Note: Notwithstanding Pa.O.C. Rule 8.1, see Pa.O.C. Rule 5.1.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
MASTERS Rule 8.1-2. [No revision required]
Rule 8.2. Filing of Report
WHERE FILED Rule 8.2-1. [No revision required]
Rule 8.3. Form of Auditor's Report Rule 8.3-1. [No revision required]
Rule 8.4. Form of Master's Report Rule 8.4-1. [No revision required]
Rule 8.5. Transcript of Testimony Rule 8.5-1. [No revision required]
Rule 8.6. Notice of Filing Report
NOTICE OF COMPLETION OF REPORT Rule 8.6-1. [No revision required, except in Note]
Note: Notwithstanding Pa.O.C. Rule 8.6, see Pa.O.C. Rule 5.1.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 8.7. Confirmation of Report
CONFIRMATION Rule 8.7-1. [No revision required, except as noted]
OBJECTIONS Rule 8.7-2.
Objections to the auditor's report shall be filed with the Clerk within twenty days after receipt of the notice of filing of said report. Objections shall be specific as to the basis of the Objection whether as to the findings of fact or conclusions of law, or both.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
DISPOSITION OF OBJECTIONS Rule 8.7-3. [No revision required, except as noted]
Rule 8.8. Security for Expenses and Fees
Rule 8.8-1. [No revision required]
RULE 9. OFFICIAL EXAMINERS
Rule 9.1. Appointment of Official Examiners
APPOINTMENT OF OFFICIAL EXAMINERS Rule 9.1-1.
Rules pertaining to masters shall extend to official examiners.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
RULE 10. REGISTER OF WILLS
Rule 10.1. Procedure and Forms
GENERAL RULE--PETITIONS Rule 10.1-1.
Proceedings before the Register, including adverse letters proceedings and proceedings for the admission of lost wills, unless specifically governed by another provision of these Rules, shall be by Petition as provided herein.
(a) A petition shall set forth:
(1) the caption;
(2) a heading indicating briefly the purpose of the petition;
(3) a concise statement of the facts relied upon to justify the relief desired, together with the citation of any Act of Assembly relied upon; and
(4) a prayer for the relief desired.
(b) The petitioner shall attach to the petition:
(1) a form of the order or decree, as applicable; and
(2) such exhibits, consents or approvals as may be required by Act of Assembly or by local rule.
(c) If the petitioner is unable to attach any necessary exhibit, consent or approval, he shall so state in his petition, together with the reason for his inability.
(d) The petitioner, at petitioner's expense, shall be responsible for the furnishing of a stenographer and the preparation of a stenographic record of any hearing conducted pursuant to the petition.
Adopted December 29, 2004, effective December 29, 2004.
FORMS Rule 10.1-2.
Forms with respect to probate and the grant of letters testamentary and letters of administration shall be in substantial conformity with the approved forms under Pa.O.C. Rule 10.1, and in the absence thereof shall be as set forth in Appendix A and identified as follows:
(a) Petition for Probate and Grant of Letters.
(b) Petition for Grant of Letters of Administration.
(c) Certificate of Grant of Letters (Will).
(d) Certificate of Grant of Letters (Intestacy).
(e) Bond and Surety for Personal Representative.
(f) Short Certificate (Letters Testamentary).
(g) Short Certificate (Letters of Administration).
(h) Oath of Subscribing Witness.
(i) Oath of Non-Subscribing Witness.
(j) Oath of Witness to Will Executed by Mark.
(k) Renunciation.
Adopted December 29, 2004, effective December 29, 2004.
PETITIONS--CERTIFICATION OF RECORD Rule 10.1-3.
When a record is certified to the Court by the Register, or it is desired that the Court direct the Register to certify the record, or if an appeal is taken, a petition shall be promptly presented to the Court to fix a date for a hearing which shall set forth:
(a) the nature of the proceedings before the Register;
(b) the basis for the certification, requested certification or appeal; and
(c) the names of all parties in interest, including any not a party of record.
Note: See PEF Code § 907.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
PETITIONER Rule 10.1-4.
When the record has been certified by the Register, the petition required by Rule 10.1-3 may be presented by any party in interest.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
CITATION Rule 10.1-5.
Upon allowance of the petition filed pursuant to Rule 10.1-3, a citation shall be awarded directing all parties in interest, including those not represented on the record, to show cause why the matter certified should not be determined on the hearing date or why the Register should not be directed to certify the record to the Court or why the appeal should not be sustained and the judicial act or proceeding complained of be set aside, all of which shall be returnable fifteen days after service.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
DISPOSITION Rule 10.1-6.
If no answer is filed in response to the petition filed pursuant to Rule 10.1-3, upon proof of service of the citation the Court may grant the requested relief. If an answer is filed, the Clerk shall notify the Court, which shall fix a time for hearing.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
Rule 10.2. Appeals from the Register of Wills
FORM OF APPEAL Rule 10.2-1.
Appeals taken from the judicial act or proceedings of the Register shall be addressed to the Court, but filed in duplicate with the Register and shall set forth the information insofar as appropriate required under C.C.O.C.R. 10.1-3.
Note: See PEF Code § 908, as amended.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
[Repealed]
Adopted May 15, 1990, effective July 1, 1990; repealed December 29, 2004, effective December 29, 2004.
INHERITANCE TAX APPEALS Rule 10.2-2.
The practice and procedure in inheritance tax appeals shall be governed insofar as appropriate by the requirements of C.C.O.C.R. 10.1-3 to 10.1-6, inclusive.
Note: See 72 P. S. § 9176 and § 9186.
Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.
APPENDIX A
FORMS UNDER C.C.O.C.R. 10.1-2
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of _________________ No. _________________ also known as _________________ To: _________________ Register of Wills for the _________________ , Deceased. County of Cumberland in the Social Security No. ______ Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut ______ named in the last will of the above decedent, dated _________________ , 20 ______ and codicil(s) dated __________
_______________________________________________
_______________________________________________
(state relevant circumstances, e.g. renunciation, death of executor, etc.)Decedent was domiciled at death in _________________ County, Pennsylvania, with h last family or principal residence at
_______________________________________________.
(list street, number and municipality)Decedent, then ____ years of age, died ______, 20 ____, at _________________.
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
_______________________________________________
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ ______ (If not domiciled in Pa.) Personal property in Pennsylvania $ ______ (If not domiciled in Pa.) Personal property in County $ ______ Value of real estate in Pennsylvania $ ______ situated as follows:__________
_______________________________________________
_______________________________________________
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters ___________________________ thereon.
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
Signature(s) of Petitioner(s) Residence(s) of Petitioner(s) _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed { _________________ Before me this ______ day of _________________ ______, 20 _____ _________________ _________________ _________________ _________________
Register
No. ______
Estate of _________________, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS AND NOW _________________ 20 ____, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated
______, described therein be admitted to probate filed of record as the last will of ______ ;
and Letters are hereby granted to _________________________________________________________
_______________________________________________
_________________
Register of Wills
FEES Probate, Letters, Etc. $ ______ _________________ Will $ ______ Attorney (Sup. Ct. I.D. No.) Renunciation $ ______ Short Certificates ( ) $ ______ _________________ JCP $ ______ Address Automation Fee $ ______ Bond $ ______ Total ______ $ ______ _________________ Filed ______ 20 ______ Phone
PETITION FOR GRANT OF LETTERS OF ADMINISTRATION
Estate of _________________ No. _________________ also known as _________________ To: _________________ Register of Wills for the _________________ , Deceased. County of Cumberland in the Social Security No. ______ Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, appl _________________ for letters of administration ___________________________ on the estate ofthe above decedent.
(d.b.n.; pendente lite; durante absentia; durante minoritate)Decedent was domiciled at death in _____ County, Pennsylvania, with h ______ last family or principal residence at ___________________________ .
(list street, number and municipality)Decedent, then _____ years of age, died ______ , 20 ______, at __________
_______________________________________________.
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ ______ (If not domiciled in Pa.) Personal property in Pennsylvania $ ______ (If not domiciled in Pa.) Personal property in County $ ______ Value of real estate in Pennsylvania $ ______ situated as follows:__________
_______________________________________________
_______________________________________________
Petitioner __ after a proper search ha __ ascertained that decedent left no will and was survived by the following spouse (if any) and heirs:
Name Relationship Residence
THEREFORE, petitioner(s) respectfully request(s) the grant of letters of administration in the appropriate form to the undersigned.
Signature(s) of Petitioner(s) Residence(s) of Petitioner(s) _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________ _________________ ___________________________
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