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PA Bulletin, Doc. No. 12-138



Revision and Restatement of the Local Orphans' Court Rules; Civil Division 90001-12

[42 Pa.B. 551]
[Saturday, January 28, 2012]


And Now, this 6th day of January, 2012, amended Rule(s) 12.0.1(b)(2) of the Orphans' Court Rules for Erie County, Pennsylvania are as follows and they shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 12. Special Petitions

12.0.1 Settlement of Small Estates.

 (a) Form of Petitions. Contents.

 Petitions under PEF Code § 3102, as amended for the settlement of small estates shall set forth:

 (1) The name and address of the petitioner and the relationship of the petitioner to the decedent.

 (2) The name, date of death and domicile of decedent, whether the decedent died testate or intestate, the dates of the probate of the Will and of the grant of letters, if any, and whether the personal representative has been required to give bond and, if so, amount.

 (3) The names and relationship of all beneficiaries entitled to any part of the estate under the Will or intestate laws, a brief description of their respective interests, whether any of them has received or retained any property of the decedent by payment of wages under Section 3101 of the PEF Code and whether any of them are minors, incapacitated or deceased with the names of their fiduciaries.

 (4) The person or persons, if any, entitled to the family exemption; whether or not the individual was a member of the same household as the decedent at the time of decedent's death; and, if a claim thereof is made in this petition, any additional facts necessary to establish the prima facie right thereto.

 (5) An inventory of the real and personal estate of the decedent, with values ascribed to each item, either incorporated in the petition or attached as an exhibit.

 (6) An itemization of all administrative costs, funeral expenses, debts and distributions, and of assets then remaining for distributions.

 (7) A list showing the nature, amount and preference of all unpaid claims against the estate and indicating which are admitted.

 (8) That ten (10) business days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown.

 (9) A prayer for distribution of the property, setting forth the persons entitled and their distributive shares, and requesting the discharge of the personal representative and the release of surety, if letters have been granted and advertised.

 (b) Required Exhibits.

 The following exhibits shall be attached to the petition:

 (1) The original of the decedent's Will, if it has not been probated.

 (2) Joinders or notice to unpaid beneficiaries, heirs and claimants.

 (3) A receipt for the filing of an inheritance tax return reporting the assets which are the subject of the petition.

 (4) A certification that a copy of the proposed petition and decree has been given to all beneficiaries and unpaid creditors at least ten (10) business days prior to presentation of the petition.

 (5) Written confirmation by the Pennsylvania Department of Public Welfare of the amount of any claim for assistance provided to the decedent.

[Pa.B. Doc. No. 12-138. Filed for public inspection January 27, 2012, 9:00 a.m.]

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