Current through Register Vol. 54, No. 24, June 15, 2024
Rule 342 - Appealable Orphans' Court Orders(a)General rule. An appeal may be taken as of right from the following orders of the Orphans' Court Division: (1) An order confirming an account, or authorizing or directing a distribution from an estate or trust;(2) An order determining the validity of a will or trust;(3) An order interpreting a will or a document that forms the basis of a claim against an estate or trust;(4) An order interpreting, modifying, reforming or terminating a trust;(5) An order determining the status of fiduciaries, beneficiaries, or creditors in an estate, trust, or guardianship;(6) An order determining an interest in real or personal property;(7) An order issued after an inheritance tax appeal has been taken to the Orphans' Court pursuant to either 72 Pa.C.S. § 9186(a)(3) or 72 Pa.C.S. § 9188, or after the Orphans' Court has made a determination of the issue protested after the record has been removed from the Department of Revenue pursuant to 72 Pa.C.S. § 9188(a); or(8) An order otherwise appealable as provided by Chapter 3 of these rules.(b)Definitions. As used in this rule:(1) "estate" includes the estate of a decedent, minor, incapacitated person, or principal under Chapters 33, 35, 51, 55 and 56 of Title 20 of the Pennsylvania Consolidated Statutes ("Probate, Estates and Fiduciaries Code") ("PEF Code");(2) "trust" includes inter vivos and testamentary trusts and the "custodial property" under Chapters 53 and 77 of the PEF Code; and(3) "guardianship" includes guardians of the person for both minors and incapacitated persons under Chapters 51 and 55 of the PEF Code.(c)Waiver of objections. Failure to appeal an order that is immediately appealable under paragraphs (a)(1)-(7) of this rule shall constitute a waiver of all objections to such order and such objections may not be raised in any subsequent appeal.The provisions of this Rule 342 amended December 11, 1978, effective 12/30/1978, 8 Pa.B. 3802; amended December 20, 2000, effective 1/1/2001, 31 Pa.B. 7; amended June 29, 2005, effective 60 days after adoption, 35 Pa.B. 3897; rescinded December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 374; amended December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 4693.The provisions of this Rule 342 adopted December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 374; amended December 29, 2011, effective and applicable to all Orphans' Court orders entered forty-five days after adoption, 42 Pa.B. 4693.