Rule 2.4. Petition for Adjudication/Statement of Proposed Distribution; Virtual Representation.
(a) A petition for adjudication/statement of proposed distribution shall be filed with the clerk at the time of filing an Account.
(b) In addition to other information required by the form, the petition for adjudication/statement of proposed distribution shall set forth the name of each interested party (whether sui juris or not) who is not receiving notice of the filing of the Account and the filing of the petition for adjudication/statement of proposed distribution because another individual or entity is proposed to represent such interested party pursuant to 20 Pa.C.S. § 751(6) or § § 7721—7726, and shall set forth additional facts as to the following:
(1) a statement of the interested party’s interest in the property; and
(2) for representation being proposed pursuant to 20 Pa.C.S. § 751(6),
(i) a statement that the interested party is not sui juris or is unborn, unknown or unascertained; and
(ii) one of the following:
(A) a statement that the proposed representative has an interest in the property similar to that of the interested party who is not sui juris or is unborn, unknown or unascertained; or
(B) a statement that the proposed representative is the sui juris living ancestor of the interested party who is not sui juris or is unborn, unknown or unascertained and that such living sui juris ancestor has an interest in the property that is not adverse to that of the interested party who is not sui juris or is unborn, unknown or unascertained; and
(3) for representation in trust matters being proposed pursuant to 20 Pa.C.S. § § 7721—7726,
(i) an explanation about how the interested party’s interest in the property can be adequately represented by the proposed representative pursuant to 20 Pa.C.S. § 7723,
(ii) a statement that with respect to the matter at issue there is no conflict of interest between the proposed representative and the interested party to be represented that will or might affect the impartiality of the proposed representative (except as provided pursuant to 20 Pa.C.S. § 7723(7)); and
(iii) one of the following:
(A) either a statement that the proposed representative has been informed of the right to decline such representation pursuant to 20 Pa.C.S. § 7725 within the time period set forth therein and has failed to inform the trustee in writing that he or she declines to be the proposed representative; or
(B) that the proposed representative’s signed consent to serve is attached as an exhibit to the petition for adjudication/statement of proposed distribution.
(c) The petition for adjudication/statement of proposed distribution shall be accompanied by such legal paper as is required by the form.
(d) At least one of the accountants stating the Account shall sign and verify the petition for adjudication/statement of proposed distribution in accordance with Rules 3.12 and 3.13.
(e) Counsel for the accountant shall sign the petition for adjudication/statement of proposed distribution in accordance with and pursuant to Rule 3.12.
Note
Although substantially modified, Rule 2.4 is derived from former Rule 6.9. One modification is to require averments for virtual representation under 20 Pa.C.S. § 751(6) generally and representation in ‘‘trust matters’’ pursuant to 20 Pa.C.S. § § 7721 et seq. Another substantial modification is the addition of subparagraph (e) that requires counsel to sign the petition for adjudication/statement of distribution attesting that the submitted petition for adjudication/statement of distribution accurately replicates the Model Form and subjects counsel to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)
See Rule 5.50 for procedures governing petitions for the settlement of small estates filed pursuant to 20 Pa.C.S. § 3102.
The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 1.99.
Explanatory Comment
The Supreme Court has adopted form petitions for adjudication/statements of proposed distribution of a decedent’s estate, trust, guardian of an incapacitated person’s estate, guardian of a minor’s estate, and the estate of a principal stated by an agent under a power of attorney. These form petitions for adjudication/statements of proposed distribution are the exclusive forms for adjudicating an Account, and consequently, the local court and clerk must accept these statewide forms and may not accept or allow any other forms previously permitted under local rules. The exclusive statewide form petitions for adjudication/statements of proposed distribution appear in the Appendix and are available electronically at www.pacourts.us/forms under the For-the-Public category.
Cover sheets or checklists may be required by local rule as permitted by Rule 1.8(c).
Source The provisions of this Rule 2.4 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573; amended August 18, 2020, effective October 1, 2020, 50 Pa.B. 4387. Immediately preceding text appears at serial pages (399696) to (399697).
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