Cumb. Cnty. Pa. 5.16

As amended through January 1, 2024

Rule 5.16 - Small Estates

Petitions for settlement of small estates under PEF Code § 3102 shall set forth:

(a) The name and address of the petitioner and petitioner's relationship to the decedent;

(b) The name, date of death and domicile of decedent;

(c) Whether the decedent died testate or intestate, the date of the probate of the will, if applicable, and the date of grant of letters, if any, and whether the personal representative has been required to give bond and, if so, the amount of the bond;

(d) The name and relationship of all beneficiaries entitled to any part of the estate under the will or intestate laws, a brief description of their respective interests, whether any of them has received or retained any property of the decedent by payment of wages under PEF Code § 3101, or otherwise, and whether any of them is a minor, incapacitated or deceased with the name of his fiduciary, if any;

(e) The person(s), if any, entitled to the family exemption and, if a claim therefore is made in the petition, any additional facts necessary to establish the right to the family exemption;

(f) An inventory of the real and personal estate of the decedent, the value ascribed to each item, either incorporated in the petition or attached as an exhibit;

(g) A list showing the nature, amounts and preferences of all unpaid claimants against the estate and indicating which claims are admitted;

(h) If any unpaid beneficiary, heir or claimant has not joined in the petition, a statement that notice of the intention to present the petition has been given as required by Pa.R.O.C.P. 4.2; and

(i) A prayer for distribution of the personal property to those entitled, and in appropriate cases, for the discharge of the personal representative.

(j) There shall be attached to the petition the following exhibits:

(1) The original of the decedent's will if it has not been probated, or a copy thereof if it has been probated;

(2) The joinders or consents of unpaid beneficiaries, heirs and claimants insofar as they are obtainable;

(3) An itemized list of disbursements made prior to the filing of the petition, indicating the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption; and

(4) A certificate of the Register showing the status of payment of the inheritance tax.

(k) No appraisement shall be required unless ordered by the Court.

Cumb. Cnty. Pa. 5.16

Amended effective 1/1/2024.