Orphan Court Rules

Rule 1. Judges - Local Rules
1.1 Powers of Judges
1.2 Local Rules
1.2(1) Index of Proceedings
1.2(2) Sessions
1.2(3) Arguments
1.2(4) Attorneys
1.2(5) Trusts Inter Vivos
1.2(6) Sureties
1.2(7) Corporate Fiduciaries. Approval. Security
1.2(8) Miscellaneous Business
1.2(9) Reproduction of Papers
1.2(10) Certification of Documents
1.2(11) Fees from Appointments
1.2(12) Notices by the Clerk of the Orphans Court Division
1.2(13) Settlement of Small Estates

Rule 2. Construction and Application of Rules
2.1 Construction of Rules
2.2 Waiver of Time Limitation
2.3 Definitions
2.3(1) Definitions

Rule 3. Pleading and Practice
3.1 Conformity to Equity Practice in General
3.2 Petition, Answer and Reply
3.2(1) Pleadings
3.2(2) Judgment on the Pleadings
3.2(3) Joinder of Issue
3.3 Averment of Incapacity
3.4 Form of Petition. Exhibits. Consents.
3.4(1) Form. Additional Requirements
3.5 Mode of Proceeding on Petition
3.5(1) Service of Pleadings
3.6 Depositions, Discovery, Production of Documents and Perpetuation of Testimony.
3.6(1) Conformity to Court of Common Pleas
3.6(2) Pre-trial Conference

Rule 4. Computation of Time
4.1 Generally
4.2 Publication for Successive Weeks
4.3 Computation of Months

Rule 5. Notice
5.1 Method
5.1(1) Legal Publications
5.1(2) Notice of Public Sale of Real Estate
5.1(3) Service. Service on Attorneys
5.2 Method. Person Under Incapacity
5.3 Time for Notice
5.3(1) Advance Notice
5.4 Return of Notice
5.4(1) Notice. Additional Requirements
5.5 Charities. Notice to the Attorney General
5.5(1) Notice to Attorney General
5.6 Notice to Beneficiaries and Intestate Heirs

Rule 6. Accounts and Distribution
6.1 Form
6.1(1) Form in General
6.1(2) Execution
6.2 Form. Separate Accounts for Minors
6.3 Notice to Parties in Interest
6.3(1) Notice. Additional Requirements
6.3(2) Time for Submitting of Accounts
6.3(3) Time for Filing of Accounts
6.3(4) Advertisement of Submission
6.4 Time for Filing
6.5 Filing with the Register of Wills (Repealed)
6.6 Filing with the Clerk of the Orphans' Court
6.7 Filing Copy with the Department of Revenue
6.8 Filing Copy with the Unites States Veterans' Administration
6.9 Statement of Proposed Distribution
6.9(1) Statement for Distribution Embodying a Statement of Proposed Distribution
6.10 Objections to Accounts and Statements of Proposed Distribution
6.10(1) Objections. Form and Content
6.10(2) Objections. Time for Filing
6.10(3) Objections. Service. Return
6.10(4) Objections. Failure to Make. Effect
6.11 Confirmation of Accounts. Awards
6.11(1) Decree of Distribution. Real Property
6.12 Status Report by Personal Representative
6.12(1) Status Report by Personal Representative - Filing Dates

Rule 7. Exceptions
7.1 Exceptions
7.1(1) Exceptions to Decrees Generally
7.1(2) Exceptions to Adjudications
7.1(3) Form of Exceptions to Adjudications
7.1(4) Partial Confirmation of Adjudication

Rule 8. Auditors and Masters
8.1 Notice of Hearings
8.1(1) Notice
8.2 Filing of Report
8.3 Form of Auditor's Report
8.4 Form of Master's Report
8.5 Transcript of Testimony
8.6 Notice of Filing of Report
8.6(1) Notice and Objections
8.7 Confirmation of Report
8.7(1) Decree
8.8 Security for Expenses and Fees

Rule 9. Official Examiners
9.1 Appointment of Official Examiners

Rule 10. Register of Wills
10.1 Procedure and Forms
10.1(1) Register of Wills - Forms
10.2 Appeals From Register of Wills
10.2(1) Certification of Register's Records to Orphans' Court
10.2(2) Form of Appeal
10.2(3) Issuance of Citation
10.2(4) Certification. Appeals. Order to Place on Hearing List

Rule 11. Jury Trials
11.1 Selection of Jurors
11.2 Conduct of a Trial
11.2(1) Listing for Trial

Rule 12. Special Petitions
12.1 Family Exemption
12.1(1) When Petition Required
12.1(2) Voluntary Distribution
12.1(3) Family Exemption. Allowance
12.2 Allowance to Surviving Spouse of Intestate
12.2(1) Procedure on Allowance
12.3 Revocation, Vacating and Extension of Time for Filing of Surviving Spouse's Election.
12.3(1) Extension of Time. Contents of Petition and Procedure
12.4 Appointment of a Guardian Ad Litem or a Trustee Ad Litem
12.4(1) Appointment - Time to File Petitions
12.4(2) Time of Filing Report
12.5 Appointment of Guardian for Estate or Person of a Minor
12.5(1) Appearance at Presentation of Petition
12.5(2) Restricted Accounts. Waiver of Bonds
12.5(3) Certificate of Appointment Security
12.5(4) Withdrawals
12.5(5) Allowance of Counsel Fee
12.6 Appointment of a Trustee
12.6(1) Exhibits
12.7 Discharge of a Fiduciary and Surety
12.7(1) Discharge of Personal Representative Under Section 3531 of Probate, Estates and Fiduciaries Code
12.8 Partition
12.9 Public Sale of Real Property
12.9(1) Public Sale. Contents of Petition. Additional Requirements
12.9(2) Exhibits
12.9(3) Notice
12.9(4) Return
12.9(5) Security
12.10 Private Sale of Real Property or Options Therefore
12.10(1) Exhibits
12.10(2) Security
12.10(3) Petition by Personal Representative to Fix or Waive Additional Security
12.11 Mortgage or Lease of Real Property
12.11(1) Additional Requirements
12.12 Inalienable Property
12.13 Designation of a Successor Custodian
12.14 Confirmation of Appointment
12.15 Miscellaneous Petitions
12.15(1) Title to Real Property. Determination

Rule 13. Distribution - Special Situations
13.1 Representation by Counsel
13.2 Existence and Identity
13.3 Report by Fiduciary
13.3(1) Contents of Report

Rule 14. Estates of Incapacitated Persons
14.1 Local Rules
14.2 Adjudication of Incapacity and Appointment of a Guardian of the Estate of an Incapacitated Person
14.2(1) Testamentary Writings
14.2(2) Petitions and Notice
14.2(3) Withdrawals From an Incapacitated Person's Estate
14.2(4) Special Master
14.2(5) Accounts and Distribution
14.3 Adjudication of Capacity
14.4 Proceedings Relating to Real Estate

Rule 15. Adoptions
15.1 Local Rules
15.2 Voluntary Relinquishment to Agency
15.2(1) Caption and Docket Entry
15.3 Voluntary Relinquishment to Adult Intending to Adopt a Child
15.4 Involuntary Termination of Parental Rights
15.5 Adoption
15.5(1) Investigation of Petition for Adoption
15.5(2) Informational Statement - Investigation of Financial Arrangements
15.6 Notice. Method and Time
15.7 Impounding; Docket Entries; Reports; Privacy

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