[35 Pa.B. 505]

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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

GRANT OF LETTERS OF ADMINISTRATION

   AND NOW _________________ 20____, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that __________is/are entitled to Letters of Administration, and in accord with such finding, Letters of Administration _____ are hereby granted to __________
_______________________________________________
in the estate of __________ 
 

_________________
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

BOND AND SURETY FOR PERSONAL REPRESENTATIVE

Estate of _________________            No. _________________

Also known as _____________________________________

_____________________________________, Deceased

KNOW ALL BY THESE PRESENTS, that _________________ As principal(s) and _________________  as surety (sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of ______ dollars ($ ______) to be paid to the Commonwealth, for which payment we do bind ourselves, jointly and severally, our heirs, executors, administrators and successors, the condition of this obligation being that if
_____________________________________ as (state fiduciary capacity) ___________________________ of the estate of _________________ , deceased, or any of them, shall well and truly administer the estate according to law, then this obligation shall be void as to the personal representative or representatives who shall so administer the estate and his or their surety or sureties; but otherwise it shall remain in full force.

Signed and sealed this _____ day of ______, 20____, each intending to be legally bound hereby.

_________________
Signature of Personal Representative

_________________
Signature of Personal Representative

_________________
Signature of Personal Representative

_________________ (Seal)                                _________________
Signature of Bonding Agency

OATH OF SUBSCRIBING WITNESS

Estate of _________________            No. _________________

Also known as _____________________________________

_____________________________________, Deceased

_______________________________________________

_______________________________________________
(each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that ______  present and saw
___________________________, the testat ______, sign the same and that
_________________ signed as a witness at the request of the testat __ in h ____ presence and (in the presence of each other) (in the presence of the other subscribing witness(es).

	_________________ (Name)
Sworn to or affirmed and subscribed
Before me this ______ day of	_________________ (Address)
_________________, 20 _____
_________________ Register
_________________ Deputy
	_________________ (Name)
	_________________ (Address)

OATH OF NON-SUBSCRIBING WITNESS

Estate of _________________            No. _________________

Also known as _____________________________________

_____________________________________, Deceased

_______________________________________________

_______________________________________________
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that ______  familiar with the signature of ___________________________, testat ______ of (one of the subscribing witnesses to) the codicil/will presented herewith and that ______ believe/ believes the signature on the codicil/will is in the handwriting of _________________ to the best of ______  knowledge and belief.

	_________________ (Name)
Sworn to or affirmed and subscribed
Before me this ______ day of	_________________ (Address)
_________________, 20 _____
_________________ Register
_________________ Deputy
	_________________ (Name)
	_________________ (Address)

OATH OF WITNESS TO WILL EXECUTED BY MARK

_____________________________________, (each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that: testat _____ was unable to sign h _____ name thereto; testat _____'s name was subscribed thereto in testat _____  presence; testat _____ made h _____ mark thereon; testat _____ and deponent(s) was (were) present when testat _____'s name was subscribed and when testat _____ made h _____  mark; and testat _____ was present when the undersigned signed the will/codicil as witness(es).

	_________________ (Name)
Sworn to or affirmed and subscribed
Before me this ______ day of	_________________ (Address)
_________________, 20 _____
_________________ Register
_________________ Deputy
	_________________ (Name)
	_________________ (Address)

RENUNCIATION

Estate of _________________            No. _________________

Also known as _____________________________________

_____________________________________, deceased

To the Register of Wills of Cumberland County, Pennsylvania

   The undersigned _____________________________________
                                 (Name)                                  (Relationship)                                 (Capacity)
of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters __________
be issued to _____________________________________.

Witness my/our hand(s) this ______ day of _________________, 20 ____.

Affirmed and subscribed before me this ______ day of ______ , _____	_________________ (Signature)
_________________ Notary Public	_________________ (Address)
My Commission Expires:	_________________ (Signature)
_________________
Or	_________________ (Address)
Affirmed and subscribed before me this ______ day of ______ , _____	_________________ (Signature)
_________________ Register of Wills
_________________ Deputy	_________________ (Address)
(Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission)

RULE 11.  JURY TRIALS

Rule 11.1.  Selection of Jurors

LISTING FOR TRIAL

Rule 11.1-1.  [No revision required, except in Note]

   Note:  See Pa.O.C. Rule 3.1, Pa.R.C.P. 1513, and PEF Code § 777 and § 778. See also C.C.R.P. 3 and 214-1 to 214-3, inclusive.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 11.2.  Conduct of a Trial

Rule 11.1-2.  [No revision required]

RULE 12.  SPECIAL PETITIONS

Rule 12.1.  Family Exemption

ADDITIONAL CONTENTS OF PETITION

Rule 12.1-1.

*      *      *      *      *

   (c)  if petitioner is the surviving spouse, the date and place of the marriage; and if a common law marriage is asserted , all averments necessary to establish the validity of the marriage;

*      *      *      *      *

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

EXEMPTION CLAIMED IN PERSONALTY--APPRAISAL

Rule 12.1-2.

   No appraisal shall be required when the exemption is claimed from cash, financial institution deposits, listed securities or any other personalty at valuations agreed upon by all parties in interest. When the exemption is claimed from other personalty, the petitioner shall submit an appraisal from a qualified appraiser.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

EXEMPTION CLAIMED IN REALTY--APPRAISALS

Rule 12.1-3.

   No appraisal shall be required when the exemption is claimed from realty at a valuation agreed upon by all parties in interest. When appraisals of realty from which the exemption is claimed are necessary, the Court shall appoint two qualified appraisers who shall file their appraisals within thirty days after their appointment.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

NOTICE

Rule 12.1-4.

   Notice of the filing of the petition together with a copy thereof and of the date fixed by the Court for confirmation, if known, shall be given to the personal representative, if any, and to every other party in interest. If appraisers have been appointed, additional notice shall be given after the appraisals have been filed together with a copy of the appraisals. The final notice hereunder shall include a statement that the setting apart of the property will be requested and may be allowed by the Court at a stated time not less than ten days from the date of giving the notice, if applicable, from the date of the last publication thereof, unless Objections are filed.

   Note:  See Pa.O.C. Rule 6.3.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

OBJECTIONS

Rule 12.1-5.

   (a)  Voluntary Distribution. When the personal representative, at his own risk, delivers assets of the estate in satisfaction or on account of the exemption, he shall set forth the same as a credit in the account. The same may be the subject of Objection by any party in interest.

   Note:  See Pa.O.C. Rule 6.3.

   (b)  When Petition Filed. When the exemption is sought by petition, questions as to the value or allowance, or both, may be raised only by Objections filed.

   (c)  Higher Bid. Objections which relate only to value will be dismissed unless a bona fide higher bid for the property is filed with the Objections, or for good cause.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

FINAL DECREE

Rule 12.1-6.  [No revision required]

Rule 12.2.  Allowance to Surviving Spouse of Intestate

ADDITIONAL CONTENTS OF PETITION

Rule 12.2-1.  [No revision required]

APPRAISALS; NOTICE; OBJECTIONS; FINAL DECREE

Rule 12.2-2.  [No revision required, except in Note]

   Note:  See PEF Code § 2110.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 12.3.  Revocation, Vacating and Extension of Time for Filing of Surviving Spouse's Election

EXTENSION OF TIME--CONTENTS OF PETITION

Rule 12.3-1.  [No revision required]

EXTENSION OF TIME--PRACTICE AND PROCEDURE

Rule 12.3-2.  [No revision required, except in Note]

   Note:  See PEF Code § 2210(b) and C.C.O.C.R. 3.2-1.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 12.4.  Appointment of a Guardian Ad Litem or a Trustee Ad Litem

Rule 12.4-1.  [No revision required]

Rule 12.5.  Appointment of a Guardian for the Estate or Person of a Minor

APPEARANCE IN COURT--MINOR OVER FOURTEEN

Rule 12.5-1.  [No revision required]

STATEMENT OF GUARDIAN

Rule 12.5-2.  [No revision required, except in Note]

   Note:  See PEF Code § 5111 to § 5113, inclusive.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

SMALL ESTATES OF MINORS

Rule 12.5-3.

   (a)

*      *      *      *      *

   (2)  the name of an insured financial institution in Cumberland County as the suggested depository.

*      *      *      *      *

   Note:  See PEF Code § 5101 to § 5103, inclusive.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

ALLOWANCES FROM MINOR'S ESTATE

Rule 12.5-4.  [No revision required]

Rule 12.6.  Appointment of a Trustee

EXHIBITS TO PETITION

Rule 12.6-1.  [No revision required]

Rule 12.7.  Discharge of a Fiduciary and Surety

CONTENTS OF PETITION FOR DISCHARGE

Rule 12.7-1.  [No revision required]

FORM OF PETITION FOR DISCHARGE--SMALL ESTATES

Rule 12.7-2.  [No revision required]

Rule 12.8.  Partition

Rule 12.8-1.  [No revision required, except in Note]

   Note:  No local rule required. However, by definition, ''[s]ubdivision'' includes partition by the court for distribution to heirs or devisees. See ''Pennsylvania Municipalities Planning Code,'' 53 P. S. § 10107.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 12.9.  Public Sale of Real Property

ADDITIONAL CONTENTS OF PETITION FOR PUBLIC SALE

Rule 12.9-1.

*      *      *      *      *

   (c)  Public Sale by Guardian. . . .

   (1)  the age of the minor or the incapacitated person;

   (2)  the names of the minor's or incapacitated person's next of kin, and the notice given to them of the presentation of the petition;

   (3)  the nature and extent of the interest of the minor or incapacitated person, of the guardian and of third persons in the real property; and

   (4)  sufficient facts to enable the Court to determine that the sale is in the best interests of the minor or the incapacitated person.

   Note:  For sale by personal representative and generally, see PEF Code § 3351 and § 3352 to § 3355, inclusive. For sale by trustee, see PEF Code § 7133. For sale by guardian of a minor, see PEF Code § 5155. For sale by guardian of an incapacitated person, see PEF Code § 5521. For public sale of personal property, the requirements of C.C.O.C.R. 12.10-1, et seq. shall govern to the extent appropriate.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

EXHIBITS TO PETITION

Rule 12.9-2.  [No revision required]

NOTICE AND CONFIRMATION OF PUBLIC SALE; ADDITIONAL SECURITY

Rule 12.9-3.  [No revision required]

Rule 12.10.  Private Sale of Real Property or Options Therefor

ADDITIONAL REQUIREMENTS FOR PETITION FOR PRIVATE SALE, EXCHANGE OR GRANTING OF OPTIONS

Rule 12.10-1.  [No revision required]

EXHIBITS TO PETITION

Rule 12.10-2.  [No revision required]

NOTICE--CONFIRMATION

Rule 12.10-3.  [No revision required]

PETITION TO FIX OR WAIVE ADDITIONAL SECURITY

Rule 12.10-4.  [No revision required, except in Note]

   Note:  See PEF Code § 3351 and § 7141.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 12.11.  Mortgage or Lease of Real Property

MORTGAGE OR LEASE OF REAL PROPERTY; ADDITIONAL REQUIREMENTS

Rule 12.11-1.  [No revision required]

Rule 12.12.  Inalienable Property

ADDITIONAL REQUIREMENTS FOR PETITION UNDER CHAPTER 83 OF THE PEF CODE

Rule 12.12-1.  [No revision required]

Rule 12.13.  Designation of a Successor Custodian

DESIGNATION OF A SUCCESSOR CUSTODIAN

Rule 12.13-1.  [No revision required, except in Note]

   Note:  No local rule required. See C.C.O.C.R. 12.5-1, et seq. However, the Pennsylvania Uniform Gifts to Minors Act became known as the Pennsylvania Uniform Transfers to Minors Act, effective December 16, 1992.

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

Rule 12.14.  Confirmation of Appointment

Rule 12.14-1.  [No revision required]

Rule 12.15.  Cemetery Companies and Non-Profit Corporations Incorporated for Charitable Purposes

Rule 12.15-1.  [Reserved]

   Note:  No local rule required.

   Adopted December 29, 2004, effective December 29, 2004.

Rule 13.  Distribution--Special Situations

Rule 13.1.  Representation by Counsel

Rule 13.1-1.  [No revision required]

Rule 13.2-1.  [No revision required]

Rule 13.3-1.  [No revision required]

RULE 14.  GUARDIANSHIP OF INCAPACITATED PERSONS

Rule 14.1.  Local Rules

Rule 14.1-1.  [No revision required]

Rule 14.2.  Adjudication of Incapacity and Appointment of a Guardian of the Person and/or Estate of an Incapacitated Person

[Repealed, except in Note]

   Note:  See PEF Code § 5511, § 5512 and § 5512.1.

   Adopted May 15, 1990, effective July 1, 1990; repealed in part and amended in part December 29, 2004, effective December 29, 2004.

WRITTEN CONSENT

Rule 14.2-1.

   The proposed guardian's written consent to the appointment shall be attached to the petition.

   Note:  See Pa.O.C. Rule 12.5(c).

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

[Repealed, except in Note]

   Note:  See PEF Code § 5511.

   Adopted May 15, 1990, effective July 1, 1990; repealed in part and amended in part December 29, 2004, effective December 29, 2004.

Rule 14.3.  Review Hearing

[Repealed]

   Adopted May 15, 1990, effective July 1, 1990; repealed December 29, 2004, effective December 29, 2004.

Rule 14.3-1.  [Reserved]

   Note:  No local rule required.

   Adopted May 15, 1990, effective July 1, 1990; repealed in part and amended in part December 29, 2004, effective December 29, 2004.

Rule 14.4.  Proceedings Relating to Real Estate

Rule 14.4-1.  [No revision required]

Rule 14.5.  Form of Citation and Notice

Rule 14.5-1.  [Reserved]

   Note:  No local rule required.

   Adopted December 29, 2004, effective December 29, 2004.

RULE 15.  ADOPTIONS

Rule 15.1.  Local Rules

PRACTICE AND PROCEDURE

Rule 15.1-1

   All reports and petitions relating to adoption shall be filed with the Register or Clerk and shall be in such form as is designated from time to time by the Court. After such report or petition has been fully indexed as set forth in C.C.O.C.R. 15.7-1, the same shall be placed in a file retained in the custody of the Clerk with notification of the petition being forwarded to the Court Administrator for assignment to a judge. Once assignment has been made, the Clerk shall directly deliver the file to the hearing judge. Upon the completion of any proceedings relative to adoption, the file shall be returned to the custody of the Clerk and all documents in connection therewith shall be handled in the manner set forth in C.C.O.C.R. 15.7-1.

   All reports, petitions, orders or other necessary documents shall be filed with the Clerk and shall be in such form as is designated from time to time by the Court. After such documents have been filed and fully indexed as set forth in C.C.O.C.R. 15.7-1, the Clerk shall place those documents in the indexed file. If the file is in the custody of the hearing judge, after clocking in the documents the Clerk shall directly deliver them to the hearing judge to be placed in the file.

   Note:  See PEF Code § 711.

   Adopted May 15, 1990, effective July 1, 1990; amended June 1, 1999, effective August 1, 1999; amended December 29, 2004, effective December 29, 2004.

Rule 15.2.  Voluntary Relinquishment to Agency

Rule 15.2-1.  [No revision required]

Rule 15.3.  Voluntary Relinquishment to Adult Intending to Adopt Child

Rule 15.3-1.  [No revision required]

Rule 15.4.  Involuntary Termination of Parental Rights

Rule 15.4-1.  [No revision required]

Rule 15.5.  Adoption

ADOPTION

Rule 15.5-1.  [No revision required]

Rule 15.6.  Notice; Method and Time

Rule 15.6-1.  [No revision required]

Rule 15.7.  Impounding; Docket Entries; Reports; Privacy

IMPOUNDING; DOCKET ENTRIES; REPORTS; PRIVACY

Rule 15.7-1.  [No revision required, except in Note]

   Note:  See 23 Pa.C.S. § 2905 to § 2910, inclusive, and C.C.O.C.R. 1.2-2(c).

   Adopted May 15, 1990, effective July 1, 1990; amended December 29, 2004, effective December 29, 2004.

RULE 16.  PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT

   Headings for Pa.O.C. Rules 16.1 to 16.6, inclusive, and Rules 16.10 to 16.12, inclusive, are intentionally omitted (Rules 16.7 and 16.8 rescinded March 31, 1994).

Rules 16.1-1 to 16.6-1, inclusive, and Rules 16.10-1 to 16.12-1, inclusive [Reserved]

   Note:  No local rules required.

   Adopted December 29, 2004, effective December 29, 2004.

RULE 17.  SHORT TITLE

Rule 17-1.  [No revision required]

[Pa.B. Doc. No. 05-144. Filed for public inspection January 21, 2005, 9:00 a.m.]

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