THE COURTS
Title 231--RULES OF
CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
[231 PA. CODE PART II]
Proposed Amendments to Rules Relating to Beneficiaries and Intestate Heirs; Recommendation 1995-1
[26 Pa.B. 4079] The Orphans' Court Rules Committee proposes to amend Orphans' Court Rules 5.6 and 5.7 governing notice to beneficiaries and intestate heirs. The amendment is being submitted to the Bench and Bar for comments and suggestions prior to submission to the Supreme Court. All comments in reference to the proposed amendment should be sent not later than October 9, 1996 to:
Dean R. Phillips, Esquire,
Counsel, Orphans' Court Rules Committee,
Exton Office Court,
Suite 150,
300 North Pottstown Pike,
Exton, Pennsylvania 19341.The Explanatory Comment which appears in connection with the proposed amendment has been inserted by the Committee for the convenience of the Bench and Bar. It will not constitute part of the Rule nor will it be officially adopted or promulgated by the Court.
HONORABLE ROBERT A. KELLY,
Chair
Annex A
TITLE 231. RULES OF CIVIL PROCEDURE
PART II. ORPHANS' COURT RULES
RULE 5. NOTICE Rule 5.6. Notice to Beneficiaries and Intestate Heirs.
(a) Requirements of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted, or [his] the personal representative's counsel shall send a written notice of estate administration in substantially the form [prescribed to] set forth below to:
(1) every person, corporation, association and entity or other party named in decedent's will as an outright beneficiary whether individually or as a class member;
(2) the decedent's spouse and children, whether or not they are named in, or have an interest under, the will;
(3) where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of the Probate, Estate and Fiduciaries Code;
[(2)] (4) the appointed guardian of the estate, parent or legal custodian of any beneficiary who is a minor child under the age of eighteen (18) years;
[(3)] (5) the appointed guardian of the estate or, in the absence of such appointment, the institution orperson with custody of any beneficiary who is an adjudi-cated [mental incompetent] incapacitated person;
[(4)] (6) the Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000 or which will not be paid in full;
[(5)] (7) the Attorney General on behalf of any governmental beneficiary [or in default of the other heirs of the estate; and]
[(6)] (8) the trustee of any trust which is a beneficiary; and
[(7) the spouse, children or other intestate heirs of the decedent as determined under Chapter 21 of the Probate Estates and Fiduciaries Code.]
(9) such other persons and in such manner as may be required of any local rule of court.
(b) [Contents of notice. The notice shall contain the following information:
(1) the date and place of decedent's death;
(2) whether decedent died testate or intestate;
(3) the county in which original letters were granted;
(4) the names, addresses and telephone numbers of all appointed personal representatives and their counsel; and
(5) a copy of the will or a description of the beneficiary's interest in the estate.]
Definition of beneficiary. ''Beneficiary'' shall be deemed to include any person who may have an interest by virtue of the Pennsylvania anti-lapse statute, 20 Pa.C.S. § 2514.
(c) Manner of notice. Notice shall be given by personal service or by first-class, prepaid mail to each [party] person and entity entitled to notice under subparagraphs (a)(1)--[(7)] (9) whose address is known or reasonably available to the personal representative.
(d) Certification of notice. Within ten (10) days after giving the notice required by subdivision (a) of this Rule, the personal representative or [his] the personal representative's counsel shall file with the Register or Clerk [his, her or its] a certification in [substantially] the [attached] form set forth below that notice has been given as required by this Rule. No fee shall be charged by the Register or Clerk for filing the certification required by [paragraph (d)] this paragraph.
(e) Failure to file certification. Upon the failure by the personal representative or [his] the personal representative's counsel to file the certification on a timely basis, the Register shall, after ten (10) days prior written notice to the delinquent fiduciary and his counsel, notify the Court of such delinquency [along with a request that the Court conduct a hearing to determine whether sanctions shall be imposed upon the delinquent personal representative or his counsel.]
(f) Effect of notice. This Rule shall not alter, diminish or confer additional substantive rights upon any beneficiary.
(g) Copies of rule. The Register shall deliver a copy of [this rule] Rules 5.6 and 5.7 to each personal representative and counsel at the time letters are granted.
Official Note: It is not the intention of the Rule to require notice beyond the degree of consanguinity entitling a person to inherit under Chapter 21 of the Probate Estates and Fiduciaries Code.
(Explanatory Comment: The Committee recommends deletion of the form of Notice of Beneficial Interest in Estate found at 231 Pa. Code Part II, Rule 5.6 pages 422 (168432) and 423 (168433) and adoption of the following Notice of Estate Administration).
___________________________
Rule 5.7. Form of Notice to Beneficiaries and Intestate Heirs.
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE
ANY MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE.Whether you will receive any money or property will be determined wholly or partly by the decedent's will. If the decedent died without a will, whether you will receive any money or property will be determined by the intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, COUNTY OF _________________ , PENNSYLVANIA
In re Estate of _________________ , deceased,
No. ______ of ______
TO: ___________________________
___________________________
___________________________
___________________________
(Name and Address)Please take notice of the death of decedent and the grant of letters to the personal representative(s) named below.
The Decedent _________________ , died on the ______ day of ______ , 19 _____ , at _________________ County, Pennsylvania.
_____ The Decedent died testate (with a Will); or
_____ The Decedent died intestate (without a Will).The personal representative of the Decedent is ___________________________(name, address and telephone number).
If the Decedent died testate, the will has been filed with the Office of the Register of Wills of __________
County (address and telephone number).If the Decedent died intestate, a Petition for the Grant of Letters of Administration was filed with the Office of the Register of Wills of _________________ County, (address and telephone number).
A copy of the Will or Petition may be obtained by contacting the Register of Wills and paying the charges for duplication.
Date: _________________
__________Signature
Name __________
Address __________
__________
Telephone ( )
_________________
Capacity: __ Personal Representative
__ Counsel for personal
representative(Explanatory Comment: The Committee does not propose to amend the form of Certification Under Rule 5.6(a)).
___________________________
CERTIFICATION UNDER RULE 5.6(a) Name of Decedent: __________
Date of Death: __________
Will No. ___________________________ Admin. No. __________
To the Register:
I certify that notice of [beneficial interest] estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on _________________ .
Name Address
__________
__________
__________
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except __________
_______________________________________________ .Date: _________________
__________Signature
Name __________
Address __________
__________
Telephone ( )
__________
Capacity: __ Personal Representative
__ Counsel for personal representative
Explanatory Comment The proposed amendments to Rules 5.6 and 5.7 were originally published for comment at 25 Pa.B. 2802 (July 15, 1995). Following comments from the bench and bar, the Committee has recommended limitations on the class of persons and entities to whom a Rule 5.7 notice must be sent pursuant to Rule 5.6.
Rule 5.6
Under the revised Recommendation, where decedent has died with a will, notice need not be sent to intestate heirs. However, notice must be sent to decedent's spouse and children even where they are not named in the will. See subdivision (a)(2) of Rule 5.6. Notice must also be sent to all applicable persons and entities described in subdivisions (a)(1) and (a)(2)--(9). Where decedent has died intestate, notice must be sent to every person entitled to inherit as an intestate heir. See subdivision (a)(3). Notice must also be sent to any persons designated by the Court under subdivision (a)(9). The proposed amendment to subdivision (b) defines beneficiary to include ''any person who may have an interest by virtue of the Pennsylvania anti-lapse status.'' 20 Pa.C.S. § 2514.
Rule 5.7
Proposed Rule 5.7 revises the form of notice, which would be titled as a notice of estate administration under the proposed amendment.
[Pa.B. Doc. No. 96-1364. Filed for public inspection August 23, 1996, 9:00 a.m.]
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