CHAPTER 9
 

PROCEEDINGS INVOLVING
REAL eSTATE

 

 
 
 
 

C.

Determination of Title
     
PEF Code §3546 permits a person claiming real estate as an heir or devisee to establish title thereto by means of a petition to the Orphans’ Court. This procedure is available if no letters have been granted on the estate of the decedent in the Commonwealth and over a year has passed since the death, or if a personal representative has been appointed but has not filed an account within six (6) years of the decedent’s death. Three (3) months after the Court’s decree nisi, if no exceptions have been filed, the decree determining title shall be confirmed absolutely. Notice to creditors and other parties in interest of the decree nisi shall be as the Court directs. The final decree frees claimant’s interest of all decedent’s debts not then liens of record and without regard to the terms of any will of the decedent that may be thereafter probated. Phila.O.C. Rule 12.1.E sets forth the requirements of the petition. See also Remick, §15.03(f)(4), which suggests that this procedure is intended to apply to the rare case of a decedent who leaves no estate for administration except a partial interest in real estate.
 
 

 
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