Abatement of Appeal from Probate Denied for Lack of Service

Following the probate of the decedent’s will, the aunt of the decedent filed an appeal, but then died. A notice of death was filed, and heirs of the deceased aunt filed a notice of substitution. After conducting discovery, the beneficiaries of the estate filed a petition to abate the appeal under 20 Pa.C.S. 3375 because no personal representative had been appointed for the aunt within one year after the filing of the notice of death. The court held that the right to petition for abatement had not been waived, but denied the petition because the aunt’s heirs had not been served with the petition and because the delay in taking out letters was reasonably explained. Camlibel Estate, 1 Fid.Rep.4th 147 (Allegheny O.C. 2023), appeal quashed, 476 WDA 2023 (Pa. Super. 9/1/2023), pet. for alloc., 240 WAL 2023 (Pa.).

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