Common Orphans' Court Filing Problems

Current through March 1, 2017

Common Orphans' Court filing problems are:

1. Failure to have a completed cover page, which should include the individual attorney's full name with identification number, address and telephone number, on all pleadings.

2. Missing or incomplete affidavit or verification.

3. Missing Decree page.

4. Improper caption, or no caption.

a. If decedent's estate matter: "Estate of JOHN DOE, Deceased"

b. If minor's estate: "Estate of JOHN DOE, JR., a Minor"

c. If an incapacity proceeding: "Estate of MARY DOE, an Alleged Incapacitated Person"

d. After a guardian has been appointed for incapacitated person: "Estate of MARY DOE, an Incapacitated Person"

e. If deed of trust: "Trust of JOSEPH DOE, Settlor under Deed of Trust dated January 1, 2000"

5. Requesting a parent to be appointed as sole guardian of a minor's estate (PEF Code §5112(3) ).

6. Requesting principal allowance(s) prior to appointment of a guardian. A petition for allowance cannot be incorporated in a petition for appointment of guardian.

7. Failure to include (i) counsel's certification that estate is solvent; and (ii) the estate's total inventory value in a petition to fix or waive additional security.

8. Failure to include evidence of the deposit in petition for allowance in minor's estate, when the funds had been ordered "deposited in restricted savings certificate and/or account."

9. Failure to adhere to the local Philadelphia Orphans' Court Rules.

10. Failure to state properly an account filed for audit.

11. In audit papers filed with an account:

a. Failure to complete the applicable checklist. [Copies on following pages.]

(1) Account Filing Checklist - Guardian of Minor

(2) Account Filing Checklist - Decedent's Estate

(3) Account Filing Checklist - Trust (Testamentary/Inter Vivos)

(4) Account Filing Checklist - Guardian of Incapacitated Person

(5) Minors and Incapacitated Person Checklist

(6) Wrongful Death and Survival Actions Checklist

b. Failure to include all information requested in the petition for adjudication/statement of proposed distribution.

c. Failure to attach all the required supporting documents.

d. Failure to include certification of counsel on all copies being presented to the court.

e. Failure to include in audit notice: date, time, courtroom, judge, statement of issues before the court, and statement that a person must be present or represented by counsel to press a claim or make an objection.

f. Failure to give timely audit notice.

g. Lack of specific reference to deaths of named beneficiaries or remaindermen.

h. Failure to refer to principal disbursements in account or audit notice (rather than only on appearance slip).

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