York County Orphans' Court Rules

Next | Previous | Table of Contents | Cybrary

HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.


Rule 6. Accounts and Distribution

[York Co. Note to Pa.O.C. Rule 6.1: The Uniform Fiduciary Accounting Principles and Model Account Formats mentioned in paragraph (g) of Rule 6.1 are published as an appendix to the Supreme Court Orphans' Court Rules in Pennsylvania Rules of Court-State (West Publishing Co.). 25 Pa.B. 2048 (5/27/95).]
Rule 6.1.1. Form. Additional Requirements.
(a) Accounts shall substantially conform to the model account forms approved by the Supreme Court.

(b) In addition to all other applicable information required by the model account forms approved by the Supreme Court, the first page of the account shall include the following information:

(1) a caption;

(2) the name and address of the accountant; and

(3) the name and address of the attorney representing the accountant.

(c) In cases where a distribution is proposed, the account shall include a statement of proposed distribution in substantially the form shown in the model account forms approved by the Supreme Court and meeting the requirements of Local Rule 6.9.1.

(d) The following items shall be attached at the end of the account in the following order:

(1) an affidavit or verified statement of the accountant in substantially the form set forth in the model account forms approved by the Supreme Court;

(2) a certificate of notice as required by Local Rule 6.3.1; and

(3) for the first account of a personal representative, proofs of publication of the grant of letters as required by section 3162 of the Probate, Estates and Fiduciaries Code.

(e) Accounts that do not substantially conform to the requirements of these rules may be refused an audit and remanded for restatement.

Note: See Rule 2.1 for the authority of the Court to disregard any error or defect of procedure which does not affect the substantial rights of the parties in interest.

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

[York Co. Note to Pa.O.C. Rule 6.3: See § 3503 of the Probate, Estates and Fiduciaries Code for exceptions to the requirement of notice where the interest of a person has been satisfied or where a person who may have a claim fails to give timely notice of the claim after demand by a personal representative under § 3532(b.1) of the Code. 25 Pa.B. 2048 (5/27/95).]

Rule 6.3.1. Notice. Additional Requirements,
(a) Notice of the filing of the account and its call for audit shall include the following:

(1) a statement that the account was or will be filed with the Clerk on or not later than a specified date and that it has been or will be scheduled to be called for audit before the Court at a specified time, on a specified date, and in a specified courtroom at the county courthouse;

(2) a statement that any person who objects to transactions shown in the account must either file written objections with the Clerk on any date prior to the session of the Court when the account is listed for audit or appear in person or by counsel to present objections at the audit session of the Court or the Court may otherwise assume that no objections exist or that any objections have been waived;

(3) a statement of any question of interpretation or distribution which will be presented to the Court for determination and the position taken on the question by the accountant, if any, together with a statement that any person who wishes to take a position on the question or a position different from the accountant must appear in person or by counsel at the audit or the Court may otherwise assume that the person has no position or agrees with the position taken by the accountant; and

(4) a description of the nature and value or amount of any unresolved claim; a statement whether the claim is admitted or contested; if the claim is admitted, a statement whether it will be paid in full or in part; and if the claim is contested, a statement that the claimant must appear in person or my counsel at the audit to press the claim or the Court may otherwise assume that the claim has been abandoned.

(b) Notice to persons having or claiming a beneficial interest in the estate shall include copies of the account, the petition for adjudication, and the will or trust instrument or a statement that they will be sent upon request or a statement where they are available for inspection, except that notice to a non-residuary beneficiary whose interest is to be satisfied in full may include instead only a description of the interest and a statement that it is to be satisfied in full.

(c) The accountant shall attach to the account a certificate signed by the accountant or the attorney for the accountant that he or she has given notice as required by Rule 6.3 and the Local Rule 6.3.1. The certificate shall contain the names and addresses of all persons to whom notice was given together with a copy of the notice given.

Note: See Rule 5.5 for additional notice requirements were the proceeding involves a charitable interest.

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

[York Co. Note to Pa.O.C. Rule 6.4: See Section 102 of the Probate, Estates and Fiduciaries Code for the meaning of "first complete advertisement of the grant of letters." 25 Pa.B. 2048 (5/27/95).]

Rule 6.4.1. Filing Date for Particular Audit.
Accounts to appear on a particular audit list must be filed not later than the date specified in the Court calendar.

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

[York Co. Note to Pa.O.C. Rule 6.6: Chapter 53 of the Probate Estates and Fiduciaries Code incorporates the Pennsylvania Uniform Transfers to Minors Act which replaces the prior Pennsylvania Uniform Gifts to Minors Act. Chapter 55 of the Code sets forth provisions relating to "incapacitated persons" which replace prior statutory provisions concerning "incompetents." 25 Pa.B. 2048 (5/27/95).]

Rule 6.9.1. Filing.
A statement of proposed distribution shall be included in the account.

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

Rule 6.9.2. Contents.
The statement of proposed distribution shall provide a statement of any advance distributions and the total amount available for distribution. It shall also contain the names of all proposed distributees and the amount to be distributed to each. The statement shall describe the nature of the property to be distributed to each distributee and shall briefly state the reasons for each proposed award, for example, a reference to the applicable provision of the instrument or the statute authorizing the distribution.

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

Rule 6.9.3. Real Estate.
If real estate is to be distributed in kind, a proposed decree of distribution of real estate shall be prepared and filed with the statement of proposed distribution, in accordance with Section 3534 of the PEF Code. The real estate to be awarded shall be described in the same detail and with the same particularity as is commonly required to be included in deeds and shall recite how the title was acquired by the decedent. Such decrees of distribution of real estate shall be in the nature of confirmation of title in the respective distributees, and the Clerk is authorized to certify copies of such decrees, so approved, for purposes of recording such devolutions of real estate in the Office of the Recorder of Deeds in accordance with Section 3536 of the PEF Code.

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

Rule 6.9.4. Additional Requirements
(a) A petition for adjudication, prepared on a form provided by the Register of Wills, shall be filed with each account. The Court may permit the use of a petition other than one prepared on the form supplied, entirely typewritten, in which case it shall conform to the general plan of the prepared forms. The information required by the forms shall be furnished or a satisfactory explanation shall be offered in lieu thereof.

(b) The accountant shall investigate all claims against the estate and indicate those recommended for payment and those rejected.

(c) A typewritten copy of a holographic will of a decedent shall be attached to the petition for adjudication.

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

Rule 6.10.1. Objections to Accounts or Statements of Proposed Distribution.
Objections to an account or statement of proposed distribution shall be reduced to writing, numbered consecutively, signed by the objector or his or her attorney, and each objection shall:

(a) be specified as to description and amount;

(b) raise but one issue of law and fact, but if there are several objections to items included in or omitted from the account relating to the same issue, all such objections shall be included in the same objection; and

(c) set forth briefly the reason or reasons in support thereof.

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

Rule 6.10.2. Objections to Accounts or Statements of Proposed Distribution-Filing-Service of Copy.
(a) Time of Filing. Objections may be filed as of course, with the Clerk, on any day prior to the session of Court when the account or statement of proposed distribution objected to is listed for audit, or at, but not later than, such session.

(b) Service of Copy. A copy of the objections shall be served without delay after filing on accountant's attorney.

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

Rule 6.10.3. Objections to Accounts or Statements of Proposed Distribution-Continued Audit.
When objections to an account or statement of proposed distribution have been filed, the audit of the account will be continued, upon call of the audit list, to a day fixed by the Court for auditing the account and hearing the objections.

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

Rule 6.11.1. Small Estates.
Petitions under § 3102 of the PEF Code for distribution of small estates shall be prepared on forms provided by the Register of Wills. The Court may permit the use of a petition other than one prepared on the form supplied, entirely typewritten, in which case it shall conform to the general plan of the prepared forms. The information required by the forms shall be furnished or a satisfactory explanation shall be offered in lieu thereof.

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


Next | Previous | Table of Contents | Cybrary | Top