First Judicial District of Pennsylvania

1 First Judicial District of Pennsylvania Court of Common Pleas of Philadelphia County Orphans Court Division Local Rules Updated 06-01-19 6-01-19 i PHILADELPHIA COUNTY ORPHANS COURT RULES Chapter I. Preliminary 1 Rule Short Title and 1 Rule 1 Rule 1 Chapter II. Accounts, Objections and Distributions .. 2 Rule Additional Receipts and 2 Rule Papers to be Filed with 2 Rule Advertisement of Accounts. 5 Rule Filing for a Particular 5 Rule When Audit Lists Called. Postponed or 5 Rule Appearances at 5 Rule Schedules of 5 Rule Content of Report for Foreign Heirs and Unknown 7 Rule Charitable Trusts. Visitorial 8 Rule Termination of 9 Rule 9 Chapter III. Petition Practice and Pleading .. 10 Rule Exhibits, Consents, Approvals, Checklists and 10 Chapter IV. Format and Service of Legal Paper by Parties and Court; Electronic Filing.

2 11 Rule Method. Absentee Individuals and Presumed 11 6-01-19 ii Rule Electronic Filing and Service of Legal 11 Chapter V. Rules Governing Specific Types of Petitions .. 14 Rule Family Exemption, Additional 14 Rule Allowance for Family 14 Rule Appraisal. Notice. 15 Rule Allowance to Surviving Spouse of Intestate. Additional 15 Rule Appraisal. Notice. 16 Rule Petition for Citation to Restrain the Payment or Transfer of Property under 20 2211(d).. 16 Rule Petition to Extend the Time for a Surviving Spouse to File for an Elective Share in Accordance with 20 2210(b).. 17 Rule Appointment of guardian ad Litem or trustee ad Litem. Report 18 Rule Minor s Estate. Restricted 18 Rule Minor s Estate. When guardian 19 Rule Minor s Estate. 20 Rule Petitions for Leave to Sell Real Property at Public Sale under 20 3353, 5155, 5521(b) and (a).

3 21 Rule Petitions for Leave to Sell Real Property at Private Sale under 20 3353, 5155, 5521(b) and (a).. 24 Rule Petition for Leave to Mortgage or Lease Real Property under 20 3353, 5155, 5521(b) and (a).. 24 Rule Public Sale of Inalienable Property under 20 8301 et 25 Rule Private Sale of Inalienable Property under 20 8301 et 27 Rule Mortgage of Inalienable Property under 20 28 6-01-19 iii Rule Real Estate or Fiduciaries in Other Counties of Inalienable Property 20 28 Rule Settlement of Small Estates under 20 28 Rule Procedure for Determination of Title to Decedent s Interest in Real Estate under 20 30 Rule Petitions to Fix or Waive Additional Security under 20 3351 and (a).. 30 Rule Approval of Corporate Fiduciaries. 33 Rule Petition to Enforce the Rights of an Electing Spouse under 20 2201 et 33 Rule Fiduciaries in Military Service.

4 Appointment of Substituted Fiduciary Pro Tem under 20 35 Chapter VII. Rules Relating to Pre-Hearing and Hearing Procedure .. 36 Rule Philadelphia Orphans Court Division 36 Rule Pre-Trial 36 Rule Motion for Judgment on the 36 Rule Motion for Summary 37 Chapter IX. Auditors and Masters .. 38 Rule 38 Rule Manner of Notice and to Whom 38 Rule Where 38 Rule Time and Contents of 38 Rule Confirmation of Report. 39 Rule Security of Expenses and 39 Chapter X. Register of Wills .. 40 Rule Register of Wills Forms Required to be 40 6-01-19 iv Chapter XIV. Guardianships of Incapacitated Persons .. 41 Rule Petitions under 20 5501 et 41 Rule Practice and Procedure. In 42 Rule Practice and Procedure. Small Estate of Incapacitated 46 Rule Practice and Procedure. Special 46 Rule Practice and Procedure.

5 Modification of Existing Orders and Adjudication of 48 6-01-19 v APPENDIX PHILADELPHIA COUNTY ORPHANS COURT FORMS Orphans Court Division Cover Sheet Account Filing Checklist Decedent s Estate Account Filing Checklist Trust (Testamentary/Inter Vivos) Account Filing Checklist Agent under Power of Attorney Account Filing Checklist guardian of Minor Account Filing Checklist guardian of Incapacitated Person Account Filing Checklist Special Needs Trust Affidavit for Filing in Philadelphia County by Foreign Fiduciary Appeal from Register of Wills Excerpt from Schedule of Distribution Subpoena Updated 6-01-19 Page | 1 PHILADELPHIA ORPHANS COURT DIVISION RULES CHAPTER I. PRELIMINARY RULES Rule Short Title and Citation. These Rules shall be known as the Philadelphia Orphans Court Rules, shall be referred to individually herein as Rule, and shall be cited as Phila.

6 Rule _____. Rule Definitions. Legal Periodical - The Legal Intelligencer shall be the legal periodical for the publication of legal notices in Philadelphia County, whenever publication in a legal periodical is required by Act of Assembly, or by Rule or order of Court. Rule (c). Forms. (1) Legal papers shall be accompanied by an Orphans Court Cover Sheet as set forth in the Appendix to these Rules. (2) Petitions for Adjudication/Statements of Proposed Distribution filed in accordance with Pa. Rule and Phila. Rule shall include an Account Filing Checklist as set forth in the Appendix to these Rules. (3) Local Orphans Court forms are set forth in the Appendix. Note: Amended May 1, 2019, effective June 1, 2019. Updated 6-01-19 Page | 2 CHAPTER II. ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS Rule Additional Receipts and Disbursements. Receipts and disbursements subsequent to the date to which the account was stated and to be included in the adjudication shall be set forth in the Petition for Adjudication/Statement of Proposed Distribution and in the audit notice.

7 Probate Section Comment: Generally, appearance slips should be used to inform the Court of minor errors or discrepancies in the account, or additional filing fees and other nominal expenses incurred by the accountant since the closing date of the account that are to be included in the adjudication. Rule Papers to Be Filed With Accounts. (1) All Accounts. Counsel shall electronically file the following papers contemporaneously with the account: (a) account filing checklist; (b) a Petition for Adjudication/Statement of Proposed Distribution; (c) copies of all agreements with respect to settlements and compromises; (d) copies of agreements, if any, with respect to the accountant's compensation, if credit therefor is taken in the account or requested at the audit; (e) a waiver of an income accounting by those entitled to the income, if the account does not contain a complete income accounting and such a waiver is not attached to the account; (f) the official receipt for any inheritance tax paid during the period of the accounting.

8 And (g) a statement of the method and date of giving notice to all interested parties of the filing of the account and the Petition for Adjudication/Statement of Proposed Distribution and of the time of the audit, or alternatively, an averment that such notice shall be given and a certification thereof shall be submitted at the audit as hereinafter set forth. In those instances where notice has been given, a copy of said notice, as well as the names and addresses of the parties notified, shall be appended to the Petition for Adjudication/Statement of Proposed Distribution. In those instances where notice is yet to be given, a copy of said notice, as well as the names and addresses of the parties notified, shall be submitted to the Court at audit, together with a statement executed by the accountant or the accountant's counsel certifying that notice has been given. Updated 6-01-19 Page | 3 (2) Accounts of Personal Representatives.

9 In addition to the papers required by Rule (1), at the time of the filing of an account of a personal representative, counsel shall electronically file: (a) a copy of the original letters, together with proof of advertisement thereof; and (b) a copy of the inventory and of the will and codicils, certified by the accountant or counsel to be true and correct. (3) Accounts of Trustees. In addition to the papers required by Rule (1), at the time of the filing of an account of a trustee , counsel shall electronically file a copy of the trust instrument, certified by the accountant or counsel to be true and correct. (4) Accounts of Trustees of Special Needs Trusts. In addition to the papers required by Rule (1), at the time of the filing of an account of a trustee of a special needs trust, counsel shall electronically file: (a) a copy of the trust instrument, certified by the accountant or counsel to be true and correct; (b) letter of No Objection from counsel for the Pennsylvania Department of Human Services; and (c) statement of method and date of notice to Pennsylvania Department of Human Services Special Needs Trust Depository and Social Security Administration.

10 (5) Accounts of Guardians of the Estates of Minors. In addition to the papers required by Rule (1), at the time of the filing of an account of a guardian of the estate of a minor, counsel shall electronically file: (a) a copy of the will, deed or decree by which the guardian was appointed; (b) a statement that notice of the audit has been given to all known, unpaid claimants; (c) a statement of the former minor or, if the former minor has been adjudicated an incapacitated person, of the guardian of the estate of the former minor, setting forth the date the former minor attained majority; and that the former minor or the guardian of the estate of the former minor: (i) has examined the account; (ii) approves the account and requests that it be confirmed; and (iii) agrees that the guardian of the estate of the minor shall be discharged upon distribution to the former minor or to the guardian of the estate of the former minor of the balance shown in the account, subject to such additional credits as may be authorized by law and set forth in the adjudication.