Chapter 7 - Notice of Beneficial Interest

Current through March 1, 2017

Pursuant to Pennsylvania Supreme Court Orphans' Court Rule 5.6, either the personal representative or the representative's counsel is required to send a written notice within three months after the grant of Letters to the following persons or entities:

1. Every person, corporation, association, entity, or other party named in decedent's Will as an outright beneficiary, whether individually or as a class member;

2. The appointed guardian of the estate, or the parent or legal custodian of any beneficiary who is a minor child under the age of 18 years;

3. The appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is an adjudicated incapacitated person;

4. The Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000.00 or which will not be paid in full;

5. The Attorney General on behalf of any governmental beneficiary or in default of other heirs of the estate;

6. The trustee(s) of any trust which is a beneficiary; and

7. The spouse, children or other intestate heirs of the decedent, as determined under Chapter 21 of the PEF Code.

Pa. O.C. Rule 5.6 requires that the notice contain the following information:

1. The date of decedent's death;

2. Whether decedent died testate or intestate;

3. The county in which Letters were granted;

4. The names, addresses and telephone numbers of all appointed personal representatives and their counsel; and

5. A copy of the Will or a description of the beneficiary's interest in the estate.

The rule requires that notice be given by personal service or by first class, prepaid mail to each party whose address is known or is reasonably available to the personal representative. The rule further requires that within 10 days of giving notice to the parties, the personal representative or his or her counsel must file with the Register of Wills a certification that the required notice has been given.

Printed forms suggested for Notice of Beneficial Interest and the Certification of Notice Under Rule 5.6 (Appendix A, Forms No. 7 and 8) are sent to the personal representative with the Grant of Letters, and additional copies of the forms are available from the Register. There is no charge for the forms and no fee for filing the Certification of Notice.