Phil. Cnty. Pa. 5.16A

As amended through December 18, 2021
Rule 5.16A - Settlement of Small Estates under 20 Pa.C.S. Section 3102
(1) Contents of Petition. A petition for the settlement of a small estate shall set forth:
(a) the name, date of death and residence of the decedent;
(b) the name and address of the petitioner and petitioner's relationship to the decedent;
(c) if petitioner is the surviving spouse, the date and place of the ceremonial marriage, and the name and official capacity of the person who performed the ceremony; or, in case of a common-law marriage, all averments necessary to establish the validity of such a marriage;
(d) whether the decedent died testate or intestate; if letters were granted, where, to whom and when they were granted; and the amount of bond (if any) given by the personal representative;
(e) the names, relationships and a brief description of the interests of all persons entitled to share in the decedent's estate under the will or intestate laws; a statement as to whether any of them is a minor, an incapacitated person or deceased, with the name of his or her fiduciary, if any; and a statement as to whether any of them has received or retained any property of the decedent under 20 Pa.C.S. § 3101, or otherwise;
(f) the person or persons, if any, entitled to the family exemption and, if a claim is to be made in the petition, any additional facts necessary to establish the right thereto, as required by Pa. O.C. Rule 5.2 and Rule 5.2A;
(g) a list of the assets of the decedent and the value of each asset, either incorporated in the petition or attached as an exhibit;
(h) an itemized list, either incorporated in the petition or attached as an exhibit, setting forth under separate headings:
(i) all disbursements made prior to the filing of the petition, including the amounts and dates paid, the names of the payees and a description of the purposes of the disbursements; and
(ii) all unpaid claims against the estate, including the amounts of such claims, the names of the claimants, the bases for such claims and indicating which claims are admitted. In the case of an insolvent estate,
(iii) such disbursements and unpaid claims shall be listed under separate categories according to the order of priority of payment under 20 Pa.C.S. § 3392 for insolvent estates.
(i) an averment as to the status of the inheritance tax;
(j) an averment that twenty (20) days written notice of the filing of the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in or consented to the petition, and, if the decedent's heirs are unknown, to the Attorney General; and
(k) a prayer for distribution of the personal property to those entitled and, in appropriate cases, for the discharge of the personal representative and the release of any surety.
(2) Exhibits. The following exhibits shall be attached to the petition:
(a) a copy of the decedent's will certified by counsel to be a true and correct copy;
(b) consents to the petition signed by those unpaid beneficiaries, heirs and claimants who do not join in the petition, and the names of any of them who do not consent and a copy of the notice which has been given to them; and
(c) a copy of the official Inheritance Tax Assessment and, if an inheritance tax payment was made prior to the date of filing the petition, a copy of the inheritance tax receipt.
(3) Notice. Any interested party who does not join in or consent to the petition shall receive notice of the filing of the petition in accordance with Pa. O.C. Rule 3.5.
(4) Decree. A proposed decree, setting forth a list of all disbursements and distributions of the assets of the estate and, in appropriate cases, providing for the discharge of the personal representative and the release of any surety, shall be attached to the face of the petition.
(5) Appraisal. No appraisal of the decedent's personal property is required, unless ordered by the Court.

Phil. Cnty. Pa. 5.16A

Amended effective 1/6/2018; amended effective 6/1/2019.