Rule 1.3. Definitions.
The following words and phrases when used in these Rules shall have the following meanings, respectively, unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the Chapter in which the particular Rule is included:
‘‘Accountant’’—a fiduciary or other party who has filed an Account;
‘‘Account’’—a financial report by a fiduciary of the principal and income transactions in the form prescribed by Rule 2.1, excluding the annual reports of Guardians;
‘‘Adult’’—an individual eighteen years of age or over;
‘‘Clerk’’—the Clerk of the Orphans’ Court Division or its equivalent;
‘‘Commonwealth’’—the Commonwealth of Pennsylvania;
‘‘Court’’—the Orphans’ Court Division of the Court of Common Pleas or any judge thereof having jurisdiction;
‘‘Electronic Filing’’—the electronic transmission via the internet of a legal paper to the clerk;
‘‘Facsimile copy’’—a copy of a document transmitted and received by facsimile equipment;
‘‘Fiduciary’’—an agent under a power of attorney, custodian under the Uniform Transfers to Minors Act, personal representative, guardian, trustee, guardian ad litem, or trustee ad litem, and any other person acting in any similar capacity, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the court;
‘‘Filing Party’’—a party, or an attorney acting on behalf of a party, who files a legal paper;
‘‘Guardian’’—a fiduciary who has the care and management of the estate, the person, or both, of a minor or an incapacitated person;
‘‘Guardian ad litem or Trustee ad litem’’—a fiduciary who is appointed by a court in a legal proceeding to represent an individual or class of individuals under a legal disability;
‘‘Hearing Officer’’—a person who is appointed by the court to investigate any issue of fact and to report findings of fact, conclusions of law, and recommendations to the court. A hearing officer shall include any person now or formerly referred to as a master by rule of court or statute;
‘‘Incapacitated Person’’—a person determined to be incapacitated under the provisions of Chapter 55 of Title 20 (relating to incapacitated persons);
‘‘Interested Party’’—one or more individuals or entities having or claiming an interest in the estate, trust, person or other entity that is the subject of the legal proceeding;
‘‘Legal Paper’’—a document that is filed with the court;
‘‘Local Rule’’—every Rule promulgated in accordance with Rule 1.5;
‘‘Majority’’—when used in reference to age, means of the age of eighteen years or over;
‘‘Minor’’—an individual under the age of eighteen years;
‘‘Motion’’—if in writing, a legal paper that must be signed, but does not need to be verified, does not plead any facts not of record, and does not require the court to obtain jurisdiction over an Interested Party;
‘‘Objector’’—an individual or entity filing objections to an Account and/or Petition for Adjudication/Statement of Proposed Distribution pursuant to Rule 2.7;
‘‘Personal Representative’’—the executor or administrator of any description of a decedent’s estate;
‘‘Petition for Adjudication/Statement of Proposed Distribution’’—a uniform, statewide form promulgated by the Supreme Court used in conjunction with the filing of an Account (see Appendix of forms);
‘‘Pleading’’—a type of legal paper that must be signed and verified in accordance with Rules 3.12 and 3.13 and includes, but is not limited to, petitions, answers, replies, and certain preliminary objections;
‘‘Publication’’—the publication in a newspaper of general circulation where such newspaper is originally issued and circulated;
‘‘Register of Wills’’ or ‘‘Register’’—the Register of Wills or its equivalent having jurisdiction or authority to probate wills and grant letters as provided by 20 Pa.C.S. § 901;
‘‘Supreme Court’’—the Supreme Court of the Commonwealth;
‘‘Verified’’—when used in reference to a written statement of fact, means supported by the signer’s oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Comment
This definitional section is new; but, some of the definitions are substantively identical to the definitions in former Rule 2.3 and other definitions are taken from and are similar to Pa.R.Civ.P. No. 76. The term ‘‘hearing officer’’ is used in these Rules in the same manner as ‘‘master’’ in the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § § 101 et seq. See, e.g., 20 Pa.C.S. § 751(1).
Source The provisions of this Rule 1.3 amended January 6, 2022, effective April 1, 2022, 52 Pa.B. 441. Immediately preceding text appears at serial pages (382093) to (382094) and (400581).
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