FORMS FOR USE BEFORE THE REGISTER OF WILLS AND THE …

1 FORMSFOR USEBEFORE THEREGISTER OF WILLSAND THEORPHANS COURT DIVISIONIN PHILADELPHIAFOREWORDIt is with great pleasure that the Probate and Trust Law Sectionof the Philadelphia Bar Association presents this 2002 edition of FORMS for Use BEFORE the REGISTER of WILLS and Orphans CourtDivision in Philadelphia, informally referred to as The GreenBook. The purpose of this version, as was the purpose of itspredecessors, is to provide those who practice in the PhiladelphiaOrphans Court Division with a tool - a good FORMS book would not have been possible without the diligentefforts and the dedication of a great many people to whom heartfeltthanks is owed: the hardworking members of the Section s GreenBook Committee, who wrote the materials presented: Mary JaneBarrett, Susan G. Collins, Kim D. Fetrow, Julia B. Fisher, Kevin , Leanna J. Harmon, Martha R. Hurt, Steven R. Klammer,George Mathew, John F. Raimondi, Margaret E. W. Sager,Elizabeth D. Shevlin, Nina Booz Stryker and Margaret ; the tireless editorial team: George S.

2 Forde, Jr.,Eugene H. Gillin and Ralph N. Teeters; and, the patient Chairs ofthe Section who supported our efforts throughout: Linda A. Fisher,Benjamin R. Neilson, Margaret E. W. Sager, Edmund L. Harvey, Norman E. Donoghue, greatest thanks and appreciation are also extended to oursponsor, Wachovia Wealth should be emphasized that the FORMS included in this volumerepresent the Committee s view of suggested FORMS for practice inaccordance with the current Court rules and statues which govern ourpractice. As each case is uniquely different and the rules and statutesare in constant flux, each practitioner should consult the latest rulesand statutes and use the materials contained in this volume merely as aguide in shaping pleadings to reflect his or her own case. Daphne Goldman, Chair The "Green Book" Committee Probate and Trust Law Section Philadelphia Bar AssociationACKNOWLEDGMENTThe Philadelphia Orphans Court is privileged to be the ultimatebeneficiary of the Philadelphia Bar Association Probate and TrustLaw Section s 21st century revision of FORMS for Use BEFORE theRegister of WILLS and the Orphans Court Division in Philadelphia the Green quality of practice in the Orphans Court will be greatlyenhanced by the updates to this well-respected form book, whichprovides novice and experienced Orphans Court practitioners withsuggested FORMS which follow the relevant statutes and rules of court incommon situations.

3 Lawyers who utilize well prepared samples insurepleadings with fewer mistakes, and the Court is thus enabled toadjudicate matters with greater ease and addition, this latest edition incorporates the advances oftechnology by providing links to computerized FORMS which can bedownloaded from the Court s website, contributing to the quality ofthe work-product and ultimate convenience to the practitioner. The many volunteers of the Probate and Trust Law Section are to becommended for many hours of work which resulted in this superbaddition to the Orphans Court practitioner s library, and thegenerosity of Wachovia Wealth Management in underwriting itspublication is gratefully acknowledged. Joseph D. O Keefe Administrative Judge Orphans Court Division Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF CONTENTSCHAPTER 1 GENERAL FORM OF Types of Requirements of a PetitionForm furnished: Cover Form of Form of Affidavit or Court Division Orphans Court Filing ProblemsForms Furnished.

4 Account Filing Checklist - Guardian of MinorAccount Filing Checklist - Decedent s EstateAccount Filing Checklist - Trust (Testamentary/Inter Vivos)Account Filing Checklist - Guardian of Incapacitated PersonMinors and Incapacitated Person Litigation ChecklistWrongful Death and Survival Actions of Completed Petition and AnswerCHAPTER Letter and of for Production of to Open and Review an Adjudication based upon anErroneous Statement of for Declaratory for Citation to Show Cause Why an AccountShould Not be Filed in Accordance with Section the PEF for Order to File an for Citation for Writ of for Attachment Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF CONTENTSCHAPTER 3 APPEALING AN ACTION OF THE REGISTER OF the REGISTER s ActionForm Furnished: Appeal from REGISTER of to the Orphans Court Division to Show Cause Why theAction of the REGISTER in Admitting to Probate a Certain WillShould Not Be Set Aside and a Later Will Admitted to to the Orphans Court Division to Show Cause Why anAppeal from the REGISTER Should Not Be Sustained for Lack ofTestamentary Capacity and Undue InfluenceCHAPTER 4 ADMINISTRATION OF ESTATES AND of Beneficial Interest in Estate under Rule of Notice Under Rule for Leave to Continue Decedent s Business In Accordancewith 20 Pa.

5 Of Claim in Accordance with 20 Pa. 3532(b)(2) for Leave to Compromise in Accordance with20 Pa. in Accordance with 20 Pa. to Divide a Trust into Separate Trusts in Accordance with20 Pa. to Fix the Amount of Additional Security Upon Sale by anAdministrator of Real Property in Accordance with20 Pa. to Terminate Trust under Pa. 6102 CHAPTER 5 FAMILY EXEMPTION, ELECTIVE SHAREAND MISCELLANEOUS for Family Exemption in Accordance with20 Pa. to Take under Will and to Take an Elective Share ib Accordance with20 Pa. 2203(a) Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF to Extend the Time to Take an Elective Share inAccordance with 20 2210(b) to Enforce the Rights of an Electing Spouse inAccordance with 20 Pa. 2211(c) to Restrain the Payment or Transfer of Property inAccordance with 20 Pa. 2211(d) for Settlement of Small Estate in Accordance with20 Pa. For Settlement Of Insolvent Estate Under20 Pa.

6 For Finding of Death in Accordance with20 Pa. 5701 CHAPTER 6 INVENTORY, ACCOUNTS AND for Citation to Show Cause Why an Inventory ShouldNot Be Filed in Accordance with 20 Pa. s and Trustee s s s Audit for Appointment of Guardian ad Litem and Trusteead Litem in Accordance with Rule of Ad Litem of Charitable GiftForm furnished: Notice of Charitable Notice SlipForm furnished: Appearance for Adjudication and Statement of Proposed Distribution -Decedent s to to of Distribution Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF of Filing of Schedule of from Schedule of Distribution for Recording Awardof Real EstateForm furnished: Excerpt from Schedule of for Order to Pay of , release , Refunding and indemnification AgreementCHAPTER 7 PROCEEDINGS INVOLVING for the Appointment of a Guardian of the Estateof a Minor under the Age of 14 Years in Accordance with20 Pa. 5111(a) for the Appointment of a Guardian of the Estate of aMinor under the Age of 14 Years in Accordance with20 Pa.

7 C. 5111(a) to Bring for the Appointment of a Guardian of the Person of aMinor under the Age of 14 Years in Accordance with20 Pa. 5111 (a) for the Appointment of a Guardian of the Estate of aMinor over the Age of 14 Years in Accordance with20 Pa. C. 5111(a), and for the Deposit of Funds intoa Restricted Bank Account in Lieu of the Entry of Security inAccordance with Philadelphia Rule for Distribution of Principal for the Education of aMinor in Accordance with 20 Pa. for the Appointment of a Successor Custodian underthe Pennsylvania Uniform Transfers to Minors Act inAccordance with 20 Pa. 5318(d)Chapter 8 PROCEEDINGS INVOLVING for Adjudication of Incapacity and for Appointment ofGuardian of the Estate and Person in Accordance with20 Pa. 5511 Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF for Appointment of Emergency Guardian of the Personin Accordance with 20 Pa. Report of Guardian of the Estate of an IncapacitatedPersonForm Furnished: Annual Report of Guardian of the Report of Guardian of the Person of an IncapacitatedPersonForm furnished: Annual Report of Guardian of the for Allowance from Incapacitated Person s Estate to Payfor the Maintenance of the Incapacitated Person in Accordancewith 20 Pa.

8 5536(a) and to pay Counsel for Adjudication of Capacity in Accordance with20 Pa. To Create Funeral Expense Trust In Accordance with20 Pa. For Approval of Gifts on Behalf of Incapacitated PersonPursuant to 20 Pa. 5536(b)CHAPTER 9 APPOINTMENT, REMOVALAND DISCHARGE OF for Appointment of Trustee in Accordance with20 Pa. for Confirmation of Appointment of for Removal of Trustee in Accordance with20 Pa. to the Orphans Court Division to Show Cause WhyAdministrator Should Not Be Removed in Accordance with20 Pa. 3182 and for Discharge of Personal Representative and Surety inAccordance with 20 Pa. for Change of Situs of Trust in Accordance with20 Pa. 725 CHAPTER 10 INHERITANCE and Disputed Tax Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookTABLE OF from REGISTER and Petition for Citation to Show Cause whyAppeal from Notice of Appraisement should not be sustainedForm Furnished: Appeal from REGISTER of WillsCHAPTER 11 SETTLEMENT OR COMPROMISE OF ACTIONSINVOLVING MINORS, INCAPACITATED PERSONS,OR WRONGFUL DEATH Rules and and Incapacitated Persons Litigation ChecklistForm for Leave to Settle or Compromise Minor s for Leave to Settle or Compromise an IncapacitatedPerson s Action (with Special Needs trust and StructuredSettlement) Confirming Compliance with Order (Minor/IncapacitatedPerson Action) for Approval to Special Needs Trust under42 1396p(d)(4)(A) for Disabled Needs for Allowances from Special Needs of Filing of Wrongful Death Action Pursuant toPa.

9 2205 and Phila. * Death and Survival Actions ChecklistForm for Leave to Settle or Compromise Wrongful Deathand Survival to Settlement of Wrongful Death and Survival of Filing of Petition to Settle Wrongful Death and SurvivalActions Pursuant to Phila. Civ. R. *2206(B) Confirming Compliance with Order (WrongfulDeath/Survival Action) Philadelphia Bar Association and Wachovia Bank, National AssociationGreen BookCHAPTER 1 GENERAL FORM OF TYPES OF PETITIONST here are two petition procedures to begin proceedings in Orphans Court Division (the Orphans Court ). Both require filings with the Clerk of the Orphans Court (the Clerk ).One must decide whether a Rule petition, as so designated in the PhiladelphiaOrphans Court Rules (the Rules ), or a petition for citation under Rule , Rule petition is used when a party wishes court approval of a proposed , this would be approval to invade principal held in a restricted account, leave totake discovery, the appointment of a guardian for a minor, or a request for the fixing ofadditional security in order to sell real Rule petition, when filed, is held by the Clerk for the requisite twenty days underthe Rules.

10 Counsel is required to give notice to and serve a copy of the petition on allinterested parties at the time of filing. The notice must state that an answer may be filed withthe Clerk within twenty days, and that failure to file an answer will result in the matter goingbefore the court as uncontested. See A copy of the notice letter must be attached to thepetition as an exhibit. No notice is required of a Rule petition when the consents of allinterested parties are attached to the petition. Counsel should indicate on the cover sheet which is affixed to the petition whether noticeis required and whether the joinders of all parties are attached. If no notice is required or alljoinders are attached, the petition would then be sent by the Clerk directly to the a party wishes to compel another party to perform an act, then a petition for citation underRule must be filed, in which the individual is cited to show cause why he should notbe compelled to perform the designated act.