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PA Bulletin, Doc. No. 15-1795



Rescinding Orphans' Court Rule WO407(b)(1); No. 3 of 2015

[45 Pa.B. 6116]
[Saturday, October 10, 2015]

And Now, this 17th day of September, 2015, it is Hereby Ordered that Westmoreland County Rule of Orphans' Court Procedure WO407(b)(1) is rescinded, and new Rule WO407(b)(1) is adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule WO407. Small Estates.

 (b) Personalty and realty.

 (1) When any person domiciled in Westmoreland County, Pennsylvania, dies owning real and personal property of a gross value not exceeding $50,000, the personal representative, after the expiration of 1 year from the date of the first complete advertisement of the grant of letters, may present a petition to the court seeking approval of the representative's administration of the estate, requesting distribution of the estate assets, and further requesting discharge of the representative.

 (2) The petition shall set forth the information required in WO406(a). In addition, the petition shall include in the appropriate paragraph:

 (A) the items of real property owned by decedent and their value at the date of death;

 (B) whether the decedent died intestate as to any real property;

 (C) as an exhibit, an account showing the administration and any distribution theretofore made of the estate;

 (3) Upon presentation of the petition, the court shall direct 10 days' written notice to be given to all parties in interest who have not consented thereto that unless exceptions are filed to said petition and the account annexed, within 30 days of the date of the filing thereof, the court will confirm said account, make distribution as requested, and may discharge the petitioner and any surety from future liability.

 (4) Any final order shall provide that it will not become absolute for 10 days.

Cross References:

 See 20 Pa.C.S.A. § 3531. When a family exemption is claimed out of real estate, a petition must be presented under 20 Pa.C.S.A. § 3123, and WO401, unless all parties in interest agree in writing to the valuation at which such real estate is to be awarded. See Supreme Court Orphans' Court Rule 12.1.

 Adopted February 1, 1996, effective May 1, 1996, renumbered from Rule WO406, effective March 30, 1998. Revised December 3, 2003, effective January 19, 2004. Rule WO407(a)(2)(G) and Rule WO7(a)(5) rescinded November 4, 2005; New Rule WO407(a)(2)(G) adopted November 4, 2005, effective December 25, 2005. Introductory paragraph of Rule WO407(a)(1) rescinded April 28, 2014; New introductory paragraph of Rule WO401(a)(1) adopted April 28, 2014, effective June 9. 2014. Rule WO407(b)(1) rescinded     , 2015; New Rule WO407(b)(1) adopted     , 2015, effective     , 2015.

[Pa.B. Doc. No. 15-1795. Filed for public inspection October 9, 2015, 9:00 a.m.]

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