Statutes, codes, and regulations
Pennsylvania Local Court Rules
Philadelphia Estate Practitioner HandbookPractice and Procedure Before the Register of Wills and the Orphans' Court Division
Chapter 1 - Jurisdiction of the Court
No Jurisdiction

No Jurisdiction

Download
PDF
2002 Edition
No Jurisdiction

The Orphans' Court does not have jurisdiction to decide the following matters:

1. Determination of the right to possession of property when the property was not in the possession of the decedent or the decedent's personal representative. See Patterson's Estate, 341 Pa. 177 (1941). The Orphans' Court does have jurisdiction, however, with respect to property formerly in the decedent's estate, but presently in the hands of the attorney or agent of the personal representative. See Webb Estate, 391 Pa. 584 (1958).
2. Claims against alleged debtors of the decedent. See Colison Estate, 356 Pa. 531 (1947).
3. Claims alleging tortious acts by the decedent. See Gilbert Estate, 350 Pa. 13, 492 A.2d 401 (1944).
4. Actions alleging libel by the decedent. See Nagles' Estate, 305 Pa. (1931).

Because the Orphans' Court has jurisdiction only where conferred by statute, jurisdiction cannot be obtained by mutual consent of the parties. See Crisswell's Estate, 334 Pa. 266 (1939).