As amended through January 12, 2018
Rule 12.1 - Special Petitions, Family Exemption(A) A petition and order of Court will only be required when an appraisal of personal property or real estate is necessary. (1) When appraisal unnecessary. Unless otherwise directed by the Court, no appraisal shall be required if the exemption is claimed;(b) from personal property and the gross value of the decedent's estate does not exceed the amount of the Family Exemption; or(c) in real or personal property at valuations agreed upon by all parties in interest.(2) When Appraisal Necessary. (a) Personal Property. When personal property is claimed, and its value is not agreed upon by all parties in interest and an appraisal is necessary, the Court will direct the appraisement to be made by special Order in each case.(b) Real Property. When real property is claimed and the value is not agreed upon by all parties in interest, appraisement shall be made by two appraisers appointed by the Court at outlined in 20 P.S. 3123(a) Probate, Estates and Fiduciaries Act.(3) Notice. (a) When No Petition. When the procedure is without petition, no notice other than that to the personal representative need to be given of the claim for exemption.(b) When Petition Filed. When the procedure is by petition, notice of the filing thereof, and of the date fixed by the Court for confirmation and allowance, shall be given by: (i) actual notice to the personal representative, if any, and to all person, other than creditors, adversely affected by allowance of the exemption who do not join in the prayer of the petition, and by;(ii) advertisement once a week for three (3) successive weeks in two newspapers of general circulation.(c) After Appraisement. When it is necessary for the Court to Appoint appraisers, the notice shall be given after the appraisement has been made and filed.