Phil. Est. Pract. Handbook, form 2

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2002 Edition

Form 2 - Petition for Citation to Show Cause Why Petitioner Should Not be Appointed Administrator

No.

ESTATE OF JOSEPH B. DUNN, DECEASED

PETITION FOR CITATION TO SHOW CAUSE WHY PETITIONER OR HER NOMINEE SHOULD NOT BE APPOINTED ADMINISTRATOR

The petition of Mary Dunn respectfully states that:

1. Joseph B. Dunn died intestate on January 1, 1999, a resident of Philadelphia, Pennsylvania.

2. Decedent was survived by Jane R. Dunn, his widow, and John Dunn, his only child, and by no other heirs.

3. Decedent owned personal property and real estate at the time of his death which petitioner is informed has a value in excess of $100,000.

4. John Dunn, son of Joseph B. Dunn, died on February 1, 1999.

5. Petitioner is the surviving spouse and executrix of the Will of John Dunn, the said John Dunn being one of the two parties in interest in the Estate of Joseph B. Dunn, Deceased.

6. Jane R. Dunn, surviving spouse of Joseph B. Dunn, Deceased, has not taken out letters of administration on his estate; although she has repeatedly been requested to do so by petitioner, she still refuses and neglects to do so.

Wherefore, petitioner respectfully requests that a citation be awarded, directed to the said Jane R. Dunn, widow of Joseph B. Dunn, Deceased, to show cause why petitioner or petitioner's nominee should not be granted letters of administration.

________________________

Mary Dunn

[SEE VERIFICATION AT APPENDIX B: FORM 1 ]

Phil. Est. Pract. Handbook, form 2

When the proper party has failed to apply for letters, it seems likely that the same party will also fail to act after his appointment. Therefore, it is advisable to request the petitioner's own appointment or the appointment of his nominee, in order to compel the party entitled to letters to act affirmatively if he wants to oppose the petition.