THE COURTS

CARBON COUNTY

Amendment of Orphans' Court Local Rule O.C.R.6.11.3 Settlement of Small Estates. Contents of Petition; No. 12-9359

[42 Pa.B. 7264]
[Saturday, December 1, 2012]

Administrative Order 23-2012

 And Now, this 8th day of November, 2012, it is hereby Ordered and Decreed that, effective December 1, 2012, the Carbon County Court of Common Pleas Amends Orphans Court Rule CARB.Co.O.C.R. 6.11.3 governing settlement of small estates and contents of the petition.

 The Carbon County District Court Administrator is Ordered and Directed to

 1. File one (1) certified copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

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

 3. File one (1) certified copy with the 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 Administrative Order and Local Rule in the Register of Wills/Orphans Court Office.

By the Court

ROGER N. NANOVIC, 
President Judge

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, of 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;

 (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; and

 (10) 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 or an acknowledgment of the obligation to make payment and file an Inheritance Tax Report.

[Pa.B. Doc. No. 12-2306. Filed for public inspection November 30, 2012, 9:00 a.m.]

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