The Supreme Court Orphans’ Court Procedural Rules Committee is planning to propose amendments to Pa.R.O.C.P. 5.50 governing the petition to settle a small estate in accordance with 20 Pa.C.S. § 3102.

In addition to technical and stylistic changes, the proposed amendments would address three issues:

• Requiring the probate or lodging of the original will with the Register, rather than attaching it to the petition.
• Allowing an explanation for why an inheritance tax return has not yet been filed.
• Clarifying that the petition may be served by notice to interested parties, rather than by citation.

Any comments on the proposed amendments should be submitted by July 15, 2022.

“Proposed Amendment of Pa. R.O.C.P. 5.50,” 52 Pa.B. 3057 (5/28/2022).

For previous comments on Rule 5.50, see “Proposed Rule for Small Estate Petitions and Rights of Creditors” and “New Rule for Small Estate Petition.”