York County Orphans' Court Rules

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Rule 10. Register of Wills

[York Co. Note to Pa.O.C. Rule 10.1: The texts of the recommended forms follow the Orphans' Court Rules in the Pennsylvania Rules of Court Desk Copy and in 42 Pa.C.S.] [25 Pa.B. 2048 (5/27/95).]
Rule 10.2.1 Form of Appeal.
When an appeal is taken from a judicial act or from a proceeding before the Register, the records of the matter shall be certified to the Court in accordance with 20 Pa.C.S.A. Section 907 (relating to certification of records to the Court). The appeal shall be in the form of a petition to the Court and shall set forth:

(a) the nature of the proceedings before the Register;

(b) the basis of the appeal, including the facts of circumstances upon which it is based;

(c) the names and the addresses of all parties in interest, including those who have not been parties of record.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 10.2.2. Citation.
Upon allowance of the petition, a citation shall be issued by the Court, to which an answer must be filed on a date set forth in the citation, directed to all parties in interest, including those not represented on the record, to show cause why the appeal should not be sustained and the judicial act or proceeding complained of be set aside. The Court may then schedule the matter for hearing. The citation and a copy of the petition shall be served by the party taking the appeal in the manner provided by the Probate, Estates and Fiduciaries Code § 765.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 10.2.3. Disposition-No Answer.
If no answer is filed, upon proof of service of the citation, the Court may grant the relief requested.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

Rule 10.2.4. Inheritance Tax Appeals.
The practice and procedure in inheritance tax appeals shall be governed insofar as appropriate by the foregoing rules.

Note: See 72 App., 72 Pa.C.S. § § 2176 and 2186.

[Effective 30 days after publication in the Pennsylvania Bulletin. 25 Pa.B. 2048 (5/27/95).]

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