D. Common Law

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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