D. |
Common Law
Spouse
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Any person claiming to be the common law spouse
of an intestate decedent is obliged to file a petition for citation
directed to the intestate heirs of the decedent or, in the absence
of heirs, to the Commonwealth of Pennsylvania to show cause why
Letters of Administration should not be granted to the petitioner.
The Register will conduct a hearing even though those who are cited
and served with the petition and citation do not appear. See Chapter
11, "Hearings Before the Register," for the procedure
in scheduling of the hearing and the manner in which the hearing
is conducted. At the time of the hearing, petitioner must offer
legally sufficient evidence to prove the common law marriage in
order to obtain Letters.
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