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(a) the name, residence, and date of death of the decedent;
(b) the name, address, and relationship of the petitioner to the decedent, and whether the petitioner was a member of the same household as the decedent on the date of his or her death;
(c) whether the decedent died restate or intestate; whether, when and to whom letters were granted; and the names, relationship, and addresses of those interested in the estate; and
(d) the location, description and value of the property claimed.
Note: See Pa.O.C. Rule 3.5.
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(b) When the procedure is by petition, questions as to the appraisement or allowance, or both, may be raised only by objections filed with the Clerk on or before the date specified in the notice.
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Note: See PEF Code §§ 3121 to 3126, inclusive.
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(b) Any party filing a petition for the allowance shall give notice of the filing (including a copy of the petition) and notice of the date fixed by the Court (if known) for confirmation to those interested in the estate who may be adversely affected by the grant of the petition. If the appraisers have been appointed, additional notice shall be given after the appraisals have been filed together with a copy of the appraisals. The final notice shall include a statement that the setting apart of the property will be requested. This statement shall further state that unless objections are filed, the request to set the property aside may be granted by the Court at a stated time not less than ten (10) days from the date of the notice, or the last advertisement (if applicable) thereof.
(c) The filing of objections and entry of a final decree shall be as set forth in Y.C.O.C.R. 12.1.5 and 12.1.6.
Note: See PEF Code §§ 2110 and 2111.
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Note: See Pa.O.C.R. 3.5.
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Note: See PEF Code § 2511.
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Note: See PEF Code § 5113.
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(1) The written consent of the parents or surviving parent of the minor to the appointment of a guardian for the minor's estate or person. If both parents are deceased, the consent is required of the adult person with whom the minor resides or of the superintendent or other official in charge of the institution having custody of the minor.
(2) The written consent of the minor's spouse if the minor is married.
(3) If the proposed guardian is an individual, his or her written consent shall include a statement of:
(i) the proposed guardian's occupation;
(ii) that the individual speaks, reads and writes the English language;
(iii) that the individual is a citizen of the United States of America;
(iv) that the individual is not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor has an interest; nor a surety, or an officer or employee of a corporate surety, of such a fiduciary; and that the individual has no interest adverse to the minor.
(4) The consent of a proposed corporate fiduciary shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest, nor the surety of such a fiduciary; and that it has no interest adverse to the minor.
(5) If consent is not obtained, the petition shall set forth the reasons for lack of consent and the attorney for petitioners shall give notice of the hearing on the petition as the Court directs.
(b) If any part of the minor's estate was obtained as a result of litigation or the settlement of litigation in a Court of record, a copy of the award or of the decree approving the settlement and distribution of the proceeds of the suit shall be attached to the petition.
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(1) a statement that the net value of the entire real and personal estate of the minor does not exceed the statutory limitations; and
(2) the name of a bank or insured savings and loan association with a least one office in York County as the suggested depository.
(b) In the absence of satisfactory reasons for doing otherwise, the Court shall direct that any cash be deposited in an interest bearing account in such a depository in the name of the minor or the name of a natural guardian of the minor. In all cases, the account shall be expressly restricted by means of a notation on the records of the depository that no withdrawals may be made from the account united the minor attains the age of majority, except as authorized by a prior order of the Court. Further, evidence of the marking of the account to indicate the restriction shall be filed promptly as part of the record.
(c) Any authorization by the Court given to a parent or other person or institution maintaining the minor to execute a receipt, deed, mortgage or other instrument affecting real or personal property of the minor within the statutory limit shall be conditioned on the deposit of the proceeds therefrom in an account restricted as in (b) above.
Note: See PEF Code §§ 5101 to 5103, inclusive.
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(a) the manner of the guardian's appointment and qualification and the dates thereof;
(b) the age and residence of the minor, whether his or her parents are living, the name of the person with whom he or she resides, and the name and age of his or her spouse and children, if any;
(c) the value of the minor's estate, real and personal, and his or her annual income;
(d) the circumstances of the minor, whether employed or attending school; whether a parent or other person charged with the duty of supporting the minor is living, the financial condition and income of the person and why the person is not discharging his or her duty of support; and whether there is adequate provision for the support and education of the minor, his or her spouse and children;
(e) the date and amount of any previous allowance by the Court; and
(f) the financial requirements of the minor and his or her family, in detail, and the circumstance making the allowance necessary.
Note: See PEF Code § 5164.
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(1) how title was acquired and reference to the document of acquisition;
(2) the name, residence and date of death of the decedent, whether the decedent died intestate or testate, and the date of the grant of letters;
(3) that the personal representative is not otherwise authorized to sell or is denied the power to sell by will, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons therefor;
(4) if an inventory has been filed, the value of the real property shown in the inventory or, if no inventory has been filed, the value of the property based upon an independent appraisal;
(5) if the personal representative entered bond with the Register, the name of the surety and the amount of the bond;
(6) the names and relationships of all parties in interest; a brief description of their interests; whether any of them is a minor, an incapacitated person, or a decedent, and if so, the name of any fiduciary and a reference to the record of his or her appointment as well as the age of any minor and the names of his or her next of kin;
(7) a legal description of the real property to be sold, the improvements thereof, by whom it is occupied, its rental value, if known, and its current tax assessment and tax parcel number; and
(8) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
(b) Public Sale by Trustee. A petition by trustee to sell real property at public sale shall conform insofar as appropriate to the requirements for a petition under Y.C.O.C.R. 12.9.1(a), and, in addition, shall set forth:
(1) a reference to the relevant provisions of the controlling instrument;
(2) that the trustee is not otherwise authorized to sell or is denied the power to sell by the trust provisions, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons therefor; and
(3) sufficient facts to enable the Court to determine that the sale is in the best interests of the trust and its beneficiaries.
(c) Public Sale by Guardian. A petition by a guardian to sell real property at public sale shall conform insofar as appropriate to the requirements for a petition under Y.C.O.C.R. 12.9.1(a) and 12.9.1(b), and, in addition, shall set forth:
(1) the age of the minor or the date of adjudication of incapacity;
(2) the names of the minor's or incapacitated person's next of kin, and the notice given to them of the presentation of the petition;
(3) the nature and the extent of the interests of the minor or incapacitated person and of any others in the real property; and
(4) sufficient facts to enable the Court to determine that the sale is in the best interests of the minor or the incapacitated person.
Note: For sale by personal representative and generally, see PEF Code §§ 3351 and 3353 to 3355, inclusive. For sale by trustee, see PEF Code § 7133, For sale by guardian of incapacitated person see PEF Code § 5521.
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(a) a copy of the will, deed, or decree by which the fiduciary was appointed; and
(b) any consents or joinders of parties in interest, and the names and a copy of the notice which has been given to those parties who do not consent or join; and
(c) consent by any mortgagee whose lien would otherwise not be discharged by the sale.
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(b) Returns of public sale of real property for the purpose of approval or confirmation by the Court shall be by affidavit setting forth:
(1) the notice given;
(2) the price obtained; and
(3) the name and address of the purchaser and an averment that the purchaser was the highest bidder.
(c) Notice of the filing of the return of the public sale shall be given to all parties in interest. If no objections are filed within ten (10) days of the giving of the notice, the Court may enter a decree confirming the sale and fixing or excusing the entering of additional security, if required.
Note: See Pa.O.C. Rule 5.4.
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Note: See Note to Y.C.O.C.R. 12.9.1.
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(a) a copy of the proposed agreement of sale, exchange or option; and
(b) the consents of any party in interest who has not joined in the petition insofar as they are obtainable.
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(1) the date of death of the decedent;
(2) the date and authority for the petitioner's appointment as fiduciary;
(3) the amount of bond or bonds filed by petitioner, the date they were filed, and the name or names of the surety or sureties;
(4) the total valuation of any other personalty or realty (stated separately) held by him or her as fiduciary;
(5) a description of the real property to be sold sufficient to identify it, the name of the purchaser, the amount of the consideration to be paid; and
(6) a prayer for an order fixing the amount of additional security or excusing the entering of additional security.
(b) Surety on Additional Bond. The surety on any additional bond, except for cause shown, shall be the same as the original bond.
Note: See PEF Code §§ 3351 and 7141.
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(1) the amount and terms of the proposed mortgage loan or lease including the amount of any regularly scheduled payments; and
(2) facts sufficient to enable the Court to determine that the proposed mortgage or lease should be approved, including the income of the mortgagor during each regular period, the amount of his or her other debt payments during each such period, and the loan to value ratio of the proposed mortgage.
(b) Exhibits. There shall be attached to the petition the exhibits required under Y.C.O.C.R. 12.9.2 and 12.10.2(b),
(c) Notice, Confirmation and Security. After allowance of the petition, the requirements of Y.C.O.C.R. 12.10.3 shall govern.
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(b) If the petitioner is not a fiduciary, the petition shall set forth specifically the information required under Y.C.O.C.R. 12.9.1(a)(1), and (6) and (7).
(c) When the petition is for a private sale or exchange, there shall be attached to the petition insofar as appropriate the exhibits required under Y.C.O.C.R. 12.10.2.
(d) All petitions shall set forth the limitations from which title is to be freed, and in the case where title is subject to an interest or interests held by one or more classes, some or all of the members of which are unascertained or not in being, the petition shall set forth the information required under Pa.O.C. Rule 12.6(a)(5) and shall have attached thereto the proposed trustee's written consent to the appointment.
(e) The practice and procedure with respect to notice, confirmation and security shall be governed insofar as appropriate by the requirements of Y.C.O.C.R. 12.9.3, 12.10.3 and 12.10.4.
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