Jurisdiction and Disposition of Litigation Proceeds Arising from Decedent’s Death

The Orphans’ Court of Philadelphia County had jurisdiction to determine the proper distribution of the proceeds of a wrongful death action brought in Delaware County when the Court of Common Pleas of that county had ordered that the proceeds be paid to the administrator of the estate in Philadelphia County. The administrator was surcharged for half of the survival proceeds from a separate action, and the court properly compelled the administrator to answer deposition questions about those proceeds. Small Estate, 2 Fid.Rep.4th 121 (Philadelphia O.C. 2023), aff’d 3171 EDA 2022, 2024 WL 1240667 (Pa. Super. 3/25/2024) (non-precedential), previously summarized as “Surcharge for Half of Wrongful Death Proceeds.”

[Note: The Supreme Court had earlier held that the father had not forfeited his intestate share, and so the father and mother (the administrator) were entitled to intestate shares of one half each. See “Adult Decedent Was Not a ‘Dependent Child’.”]

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