Appealing the Register's Action

Appeals may be made directly to the Register in two circumstances: (1) the Register may revoke the grant of letters of administration where they were improperly granted in the first instance, Section 3181 of the PEF Code; and (2) within three months of the date of death, where a later Will or Codicil is discovered, the Register may open the decree of probate and admit the later Will or Codicil. Section 3138 of the PEF Code.

All other Appeals must be taken to the Orphans' Court Division.


The procedure for Appealing from the Register is set forth in the Rules 10.2.A through 10.2.E.


File an "Appeal from Register" with the Clerk of the Orphans' Court on the form provided by that office. If the Appeal concerns an inheritance tax matter, a copy of the Notice of Appeal should also be filed with the Register of Wills as agent for the Department of Revenue. After the Appeal has been filed with the Clerk, the Register should be requested by the Appellant to transmit the record to the Clerk.
File a Petition for Citation with the Clerk contemporaneously with filing the Appeal, including the information required in Rule 10.2.C(2).
Serve the Citation and copy of the petition for Citation within thirty days on all parties in interest and file the original Citation, with proof of service endorsed, with the Clerk.
The Clerk will place the Appeal on the next available audit list sixty days after the issuance of the Citation, and the Appellant must give notice at least fifteen days prior to the call of the list that the matter has been placed on the audit list, with the date, time and courtroom scheduled. The notice must also set forth the nature of the interest of the person to whom the notice is given and a brief description of the nature of the dispute.

If any of the above requirements are not complied with, the Appeal will be dismissed.


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