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TABLE OF CONTENTS
   
   
CHAPTER 1
  GENERAL FORM OF PETITION
1.1
  General Types of Petitions
1.2
  General Requirements of a Petition
 

Cover Sheet
1.3
  General Form of Caption
1.4
  General Form of Affidavit or Verification
1.5
  Orphans' Court Division Number
1.6
  Common Orphans' Court Filing Problems
 
 
 
 
 
 
1.7
  Form of Completed Petition and Answer
   
   
CHAPTER 2
  PROCEDURE
2.1
  Praecipe
2.2
  Notice Letter and Certification
2.3
  Affidavit of Service
2.4
  Petition for Production of Documents
2.5
  Petition to Open and Review an Adjudication based upon an Erroneous Statement of Fact
2.6
  Petition for Declaratory Judgment
2.7
  Enforcement Procedure
2.7.1
 

Petition for Citation to Show Cause Why an Account Should Not be Filed in Accordance with Section 3501.1 of the PEF Code
2.7.2
 

Petition for Order to File an Account
2.7.3
 

Petition for Citation for Writ of Attachment
2.7.4
 

Petition for Attachment
   
   
CHAPTER 3
  APPEALING AN ACTION OF THE REGISTER OF WILLS
3.1
  Appealing the Register's Action
 

Appeal from Register of Wills
3.2
  Petition to the Orphans' Court Division to Show Cause Why the Action of the Register in Admitting to Probate a Certain Will Should Not Be Set Aside and a Later Will Admitted to Probate
3.3
  Affidavit of Service
   
   
CHAPTER 4
  ADMINISTRATION OF ESTATES AND TRUSTS
4.1
Notice of Beneficial Interest in Estate under Rule 5.6
4.2
Certification of Notice Under Rule 5.6
4.3
Petition for Leave to Continue Decedent's Business In Accordance with 20 Pa. C.S.A. ?314
4.4
Notice of Claim in Accordance with 20 Pa. C.S.A.?532(b)(2)
4.5
Petition for Leave to Compromise in Accordance with 20 Pa.C.S.A. ?323
4.6
Disclaimer in Accordance with 20 Pa. C.S.A. ?201
4.7
Petition to Divide a Trust into Separate Trusts in Accordance with 20 Pa. C.S.A. ?191
4.8
Petition to Fix the Amount of Additional Security Upon Sale by an Administrator of Real Property in Accordance with 20 Pa. C.S.A. ?351
4.9
Petition to Terminate Trust under Pa. C.S.A. ?102
   
   
CHAPTER 5
  FAMILY EXEMPTION, ELECTIVE SHARE AND MISCELLANEOUS PETITIONS
5.1
Claim for Family Exemption in Accordance with 20 Pa. C.S.A. ?121
5.2
Election to Take under Will and Conveyances
5.3
Election to Take an Elective Share in Accordance with 20 Pa. C.S.A. ?203(a)
5.4
Petition to Extend the Time to Take an Elective Share in Accordance with 20 Pa.C.S.A. ?210(b)
5.5
Petition to Enforce the Rights of an Electing Spouse in Accordance with 20 Pa. C.S.A. ?211(c)
5.6
Petition to Restrain the Payment or Transfer of Property in Accordance with 20 Pa. C.S.A. ?211(d)
5.7
 
Petition for Settlement of Small Estate in Accordance with 20 Pa. C.S.A. ?102
5.8
 
Petition for Settlement of Insolvent Estate Under 20 Pa. C.S.A. ?392
5.9
Petition for Finding of Death in Accordance with 20 Pa. C.S.A. ?701
   
   
CHAPTER 6
  INVENTORY, ACCOUNTS AND DISTRIBUTION
6.1
Inventory
   
Inventory
6.2
Petition for Citation to Show Cause Why an Inventory Should Not Be Filed in Accordance with 20 Pa. C.S.A. ?301
6.3
Executor's and Trustee's Accounts
6.3.1
 

Executor's Account
6.3.2
 

Trustee's Account
6.4
Preliminary Audit Statement
6.5
Petition for Appointment of Guardian ad Litem and Trustee ad Litem in Accordance with Rule 12.4.A
6.6
Waiver of Ad Litem Appointment
6.7
  Notice of Charitable Gift
   

Notice of Charitable Gift
6.8
Audit Notice Letter
6.9
Appearance Slip
   

6.10
Petition for Adjudication and Statement of Proposed Distribution
6.11
Objections to Account
6.12
Exception to Adjudication
6.13
 
Schedule of Distribution
6.14
Notice of Filing of Schedule of Distribution
6.15
 

Excerpt from Schedule of Distribution
6.16
Petition for Order to Pay Award
6.17
Satisfaction of Award
6.18
Receipt, Release, Refunding and Indemnification Agreement
   
   
CHAPTER 7
  PROCEEDINGS INVOLVING MINORS
7.1

Petition for the Appointment of a Guardian of the Estate of a Minor under the Age of 14 Years in Accordance with 20 Pa. C.S.A. ?111(a)

7.2
Petition for the Appointment of a Guardian of the Estate of a Minor under the Age of 14 Years in Accordance with 20 Pa. C. S.A. ?111(a) to Bring Litigation
7.3
Petition for the Appointment of a Guardian of the Person of a Minor under the Age of 14 Years in Accordance with 20 Pa. C.S.A. ?111 (a)
7.4
Petition for the Appointment of a Guardian of the Estate of a Minor over the Age of 14 Years in Accordance with 20 Pa. C. S.A. ?111(a), and for the Deposit of Funds into a Restricted Bank Account in Lieu of the Entry of Security in Accordance with Philadelphia Rule 12.5.3
7.5
Petition for Distribution of Principal for the Education of a Minor in Accordance with 20 Pa. C.S.A. ?164 7.6 Petition for the Appointment of a Successor Custodian under the Pennsylvania Uniform Transfers to Minors Act in Accordance with 20 Pa. C.S.A. ?318(d)
7.6
Petition for the Appointment of a Successor Custodian under the Pennsylvania Uniform Transfers to Minors Act in Accordance with 20 Pa. C.S.A. §5318(d)
   
   
CHAPTER 8
  PROCEEDINGS INVOLVING INCAPACITATED PERSONS
8.1
Petition for Adjudication of Incapacity and for Appointment of Guardian of the Estate and Person in Accordance with 20 Pa. C.S.A. ?511
8.2
Petition for Appointment of Emergency Guardian of the Person in Accordance with 20 Pa. C.S.A. ?513
8.3
Annual Report of Guardian of the Estate
8.4
 

Annual Report of Guardian of the Person
8.5
Petition for Allowance from Incapacitated Person's Estate to Pay for the Maintenance of the Incapacitated Person in Accordance with 20 Pa. C.S.A. ?536(a) and to pay Counsel Fees
8.6
Petition for Adjudication of Capacity in Accordance with 20 Pa. C.S.A. ?517
8.7
Petition To Create Funeral Expense Trust In Accordance with 20 Pa. C.S.A. ?537
8.8

Petition For Approval of Gifts on Behalf of Incapacitated Person Pursuant to 20 Pa. C.S.A. ?536(b)

     
     
CHAPTER 9   APPOINTMENT, REMOVAL AND DISCHARGE OF FIDUCIARIES
9.1
Petition for Appointment of Trustee in Accordance with 20 Pa. C.S.A. ?101
9.2
Petition for Confirmation of Appointment of Trustee
9.3
Petition for Removal of Trustee in Accordance with 20 Pa. C.S.A. ?121
9.4
Petition to the Orphans' Court Division to Show Cause Why Administrator Should Not Be Removed in Accordance with 20 Pa. C.S.A. 3182 and 3183
9.5
Petition for Discharge of Personal Representative and Surety in Accordance with 20 Pa. C.S.A. ?184
9.6
Petition for Change of Situs of Trust in Accordance with 20 Pa. C.S.A. ?25
     
CHAPTER 10   INHERITANCE TAX
10.1
  Forms and Disputed Tax
10.2
Protest
10.3
Appeal from Register and Petition for Citation to Show Cause why Appeal from Notice of Appraisement should not be sustained
 

Appeal from Register of Wills
     
CHAPTER 11   SETTLEMENT OR COMPROMISE OF ACTIONS INVOLVING MINORS, INCAPACITATED PERSONS, OR WRONGFUL DEATH CLAIMS
11.1
General Rules and Procedures
11.2
Minors and Incapacitated Persons - Checklist
11.3
Petition for Leave to Settle or Compromise Minor's Action
11.4
Petition for Leave to Settle or Compromise an Incapacitated Person's Action (with Special Needs trust and Structured Settlement)
11.5
Affidavit Confirming Compliance with Order (Minor/Incapacitated Person Action)
11.6
Petition for Approval to Special Needs Trust under 42 U.S.C. ?396p(d)(4)(A) for Disabled Minor/Incapacitated Person
11.7
  Special Needs Trust
11.8
  Petition for Allowances from Special Needs Trust
11.9
  Notice of Filing of Wrongful Death Action Pursuant to Pa. R.C.P. 2205 and Phila. R.Civ.P. *2206
11.10
 
Wrongful Death and Survival Actions - Checklist
11.11
  Petition for Leave to Settle or Compromise Wrongful Death and Survival Action
11.12
Notice of Filing of Petition to Settle Wrongful Death and Survival Actions Pursuant to Phila. Civ. R. *2206(B)
11.13
Affidavit Confirming Compliance with Order (Wrongful Death/Survival Action)