Deed by Executor Voided (Super. Ct.)

The decedent’s wife (who had elected against the will) received no notice of a petition by residuary beneficiaries to remove the executor and compel an accounting, but her counsel received a copy of the executor’s answer to the petition. After a hearing at which the wife did not appear, the Orphans’ Court sua sponte nullified a deed by which the executor had conveyed the decedent’s residence to the wife, and later entered an order removing the executor. On appeal by wife and the executor, the Superior Court found that any lack of personal jurisdiction over the wife had been waived because objections were not raised during the proceedings in the lower court or by exceptions, that the Orphans’ Court had the power to protect the assets of the estate on its own motion, and that the wife was not an indispensible party to the removal proceeding or to the ancillary relief restoring the residence to the estate. In re: Estate of Dominic J. Forte, Deceased, ___ A.4th ___, 2026 PA Super 16 (1/30/2026).

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