[Note:This compilation includes all amendments to the Schuylkill County Orphans' Court rules through 11/4/99. Adoption, amendment, and effective dates are in brackets following each rule. Please note that, although the rules were adopted and restated in their entirety in 1993, the rules were apparently not published until 1996.]
HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.

RULES OF THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
ORPHANS' COURT DIVISION

RULE 1: JUDGES AND LOCAL RULES

• Rule 1.2A. Local Rules. Rules Committee.

• Rule 1.2B. Filing, Indexing and Transmittal.

• Rule 1.2C. Petitions and Motions.

• Rule 1.2D. Briefs and Argument.

• Rule 1.2E. Procedure Where Briefs are Filed. Contents of Briefs.

• Rule 1.2F. Witnesses.

• Rule 1.2G. Attorneys.

• Rule 1.2H. Record Papers. Reproduction of Papers.

• Rule 1.2I. Costs.

• Rule 1.2J. Depository of the Court.

• Rule 1.2K. Decrees. Satisfaction and Enforcement.

• Rule 1.2L. Bonds and Sureties.

• Rule 1.2M. Individual Fiduciaries. Assets and Investments.

RULE 2: CONSTRUCTION AND APPLICATION OF RULES

• Rule 2.3A. Definitions.

• Rule 2.4A. The Business of the Court.

• Rule 2.4B. Submission for Audit.

• Rule 2.4C. Return Days.

RULE 3: PLEADINGS AND PRACTICE

• Rule 3.2A. Pleadings, Signature and Verification.

• Rule 3.2B. Pleadings. Disposition. Issues of Fact or Law.

• Rule 3.4A. Form. Exhibits.

• Rule 3.4B. Consents. Joinders. Form.

• Rule 3.5A. Citation. Proof of Service.

• Rule 3.6A. Guardians or Trustees ad Litem. Appointment.

• Rule 3.7. Pre-hearing Conference.

RULE 5: NOTICE

• Rule 5.1A. Notice. Legal Publication.

• Rule 5.1B. Service on Attorneys.

• Rule 5.2A. Method. Person under Incapacity. No Guardian or Trustee.

• Rule 5.4A. Notice. Additional Requirements.

RULE 6: ACCOUNTS AND DISTRIBUTION

• Rule 6.1A. Accounts. Form. Additional Requirements.

• Rule 6.3A. Notice. Return. Failure to Give. Penalty.

• Rule 6.4A. Accounts. Time for Filing. Confirmation.

• Rule 6.6A. Advertisements of Accounts. Form of Advertisements.

• Rule 6.9A. Accounts. Statements of Proposed Distribution.

• Rule 6.9B. Accounts. Order of Procedure on Audit Day.

• Rule 6.9C. Accounts. Papers to be Submitted.

• Rule 6.10A. Objections. Form and Content.

• Rule 6.10B. Objections. Time for Filing.

• Rule 6.10C. Objections. Service. Return.

• Rule 6.10D. Objections. Continued Audit.

• Rule 6.10E. Objections. Failure to Make, Effect.

• Rule 6.11A. Adjudication and Decree of Distribution. Service. Method. Proof.

• Rule 6.11B. Decree of Distribution P.E.F. § 3534.

• Rule 6.11C. Settlement of Small Estates. Contents of Petition.

RULE 7: EXCEPTIONS

• Rule 7.1A. Exceptions. Form and Contents.

• Rule 7.1C. Exceptions. Partial Distribution.

RULE 8: AUDITORS AND MASTERS

• Rule 8.1A. Appointment.

• Rule 8.1B. Notice of Hearing. Hearings.

• Rule 8.2A. Filing of Report. Place. Time.

• Rule 8.5A. Transcript of Testimony.

• Rule 8.6A. Notice of Intention to File. Proof of Notice.

• Rule 8.7A. Report of Auditor or Master. Disposition. Procedure.

• Rule 8.8A. Compensation and Security.

RULE 9: OFFICIAL EXAMINERS

• Rule 9.1A. Official Examiners.

• Rule 9.1B. Official Examiners. Compensation.

RULE 10: REGISTER OF WILLS

• Rule 10.1A. Form of Appeal from Register of Wills' Decision.

• Rule 10.2A. Inheritance Tax Appeals.

RULE 12: SPECIAL PETITIONS

• Rule 12.1A. Family Exemption. Appraisal.

• Rule 12.1B. Family Exemption. Allowance.

• Rule 12.1C. Family Exemption. Risk Distribution Prior to Audit.

• Rule 12.2A. Allowance to Surviving Spouse of Intestate. Appraisal.

• Rule 12.3A. Election of Surviving Spouse. Filing of Petition for Extension of Time.

• Rule 12.5A. Appointment of Guardian for Minor. Consents Required.

• Rule 12.5B. Guardians. Minors. Bond. Restricted Account.

• Rule 12.5D. Minor's Estate Not Exceeding Statutory Limitation.

• Rule 12.5E. Compromise, Settlement, Discontinuance and Distribution. Minors.

• Rule 12.5F. Minor's Estate. Allowances. Approval of Court.

• Rule 12.5G. Minor's Estate. Funeral Expenses.

• Rule 12.6A. Appointment of Trustee. Exhibit.

• Rule 12.7A. Discharge of Fiduciary.

• Rule 12.7B. Discharge of Guardian Prior to Ward Attaining Age 18.

• Rule 12.9A. Public Sale of Real Property. Contents of Petition.

• Rule 12.9B. Notice of Public Sale of Real Property.

• Rule 12.9C. Public Sale of Real Property. Return Of Sale.

• Rule 12.9D. Public Sale of Real Property. Decree.

• Rule 12.10A. Private Sale of Real Property.

• Rule 12.10B. Private Sale of Real Property. Public Notice of Sale. Form of Notice.

• Rule 12.10C. Private Sale. of Real Property. Higher Offer.

• Rule 12.10D. Confirmation of Sale.

• Rule 12.10E. Sale By Fiduciary Without Court Order.

• Rule 12.11A. Mortgage of Real Property.

• Rule 12.11B. Pledge, Lease, or Exchange of Real Property.

• Rule 12.12A. Inalienable Property. Public Sale.

• Rule 12.12B. Inalienable Property. Public Sale. Exhibits.

• Rule 12.12C. Inalienable Property. Private Sale.

• Rule 12.12D. Inalienable Property. Mortgage.

RULE 14: ESTATES OF INCAPACITATED PERSONS/INCOMPETENTS

• Rule 14.1A. Counsel. Incapacitated Persons.

• Rule 14.1B. Reports of Guardian. Notice.

• Rule 14.2B. Small Estates.

• Rule 14.2C. Notice.

• Rule 14.2D. Allowance for Maintenance and Support.

RULE 15: ADOPTIONS

• Rule 15.1A. Petition to Confirm Consent of Natural Parent. Notice. Copy of Consent to Natural Parent.

• Rule 15.4A. Involuntary Termination of Parental Rights. Notice.

• Rule 15.4B. Involuntary Termination of Parental Rights. Service.

• Rule 15.4C. Involuntary Termination of Parental Rights. Incarcerated Parent.

• Rule 15.4D. Contested Involuntary Termination of Parental Rights. Appointment of Counsel for Minor Child. Costs.

• Rule 15.5A. Adoptions.

RULE 17: SHORT TITLE

• Rule 17.1A. Short Title.

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Daniel B. Evans, Attorney at Law
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