Evans Estate Law Resources

Home→Blog - Page 128 << 1 2 … 126 127 128 129 130 … 135 136 >>

Pennsylvania Orphans’ Court — Rule 15

— Adoptions —

[Note: In Philadelphia County exclusive jurisdiction in adoption matters is vested in the Family Court Division of the Court of Common Pleas. As to adoption jurisdiction in the Orphans’ Court Division in all counties other than Philadelphia, see Sections 711(7) and 713 of the Probate, Estates and Fiduciaries Code.]

Pa. O.C. Rule 15.1. Local Rules.

The practice and procedure with respect to adoptions shall be as provided by Act of Assembly and to the extent not inconsistent therewith shall conform either with the pertinent general rule or special order of the local Orphans’ Court or, in the absence thereof, with this Rule 151.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.2. Voluntary Relinquishment to Agency.

(a) Petition. A petition under Section 301 of the Adoption Act to relinquish parental rights and duties with respect to a child who has been in the care of an Agency shall include the following allegations:

(1) the name, address, age, racial background and religious affiliation of each petitioner;

(2) the information required in subparagraph (1) as to any parent who is not a petitioner, including the father of a child born out of wedlock, if he has been identified, unless the court, for cause shown, determines such information is not essential;

(3) the marital status of the mother as of the time of birth of the child and during one year prior thereto and, if the mother has ever been married, the name of her husband or husbands and her maiden name;

(4) the name, age, date of birth, racial background, sex and religious affiliation of the child;

(5) the name and address of the Agency having care of the child;

(6) the date when the child was placed with the Agency;

(7) when the child is born out of wedlock, whether the mother and the father of the child intend to marry;

(8) the reasons for seeking relinquishment;

(9) that each petitioner understands the petition, has considered the alternatives, and has executed the petition voluntarily to promote what the petitioner believes to be in petitioner’s and the child’s best interests.

(b) Exhibits: The petitioner shall have attached to it the following exhibits:

(1) the joinder of a parent who is not a petitioner or his or her waiver of all interest in the child, if either is obtainable;

(2) a birth certificate or certification of registration of birth of the child;

(3) the written consent of a parent or guardian of petitioner who has not reached 18 years of age;

(4) the joinder of the Agency having care of the child and its consent to accept custody of the child until such time as the child is adopted.

(c) Notice and Hearing. If a parent, including the parent of a child born out of wedlock, has not relinquished his or her rights and duties in and to the child or joined in the other parent’s petition hereunder, then notice of the hearing on the petition to relinquish rights and duties shall be given to the first referred to parent as provided in Rule 15.6. A parent may waive in writing the right to such notice. Each petitioner and each person whose joinder or consent is attached to the petition shall be examined under oath at the hearing unless excused by the court.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.3. Voluntary Relinquishment to Adult Intending to Adopt Child.

(a) Petition. A petition under Section 302 of the Adoption Act to relinquish parental rights with respect to a child who has been in the exclusive care of an adult or adults who have filed a Report of Intention to Adopt shall include the allegations required under subparagraphs (1), (2), (3), (4) and (7), (8) and (9) of Rule 15.2(a) and

(5) the date when the Report of Intention to Adopt was filed;

(6) the date when the child was placed with the adult or adults;

(b) Exhibits. The petition shall have attached to it the first three exhibits specified in Rule 15.2(b) and

(4) the separate consent of the adult or adults to accept custody of the child.

(c) Notice and Hearing. If a parent, including the parent of a child born out of wedlock, has not relinquished his or her rights in the child or joined in the petition hereunder, the notice of the hearing on a parent’s petition to relinquish rights shall be given to the first referred to parent as provided in Rule 15.6. A parent may waive in writing the right to such notice. Each petitioner and each person whose joinder or consent is attached to the petition shall be examined under oath at the hearing unless excused by the court.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.4. Involuntary Termination of Parent Rights.

(a) Petition. A petition for involuntary termination of parental rights under Sections 311 and 312 of the Adoption Act shall include the following allegations:

(1) the name and address of the petitioner and his or her standing;

(2) the name, age, date of birth, racial background, sex and religious affiliation of the child;

(3) the name, address, age, racial background and religious affiliation of the parent or parents, including the father of a child born out of wedlock, if he has been identified;

(4) the marital status of the mother as of the time of birth of the child and during one year prior thereof and, if the mother has ever been married, the name of her husband or husbands and her maiden name;

(5) the date when the child was placed in the care of the petitioner;

(6) facts constituting grounds for the involuntary termination under Section 311 of the Adoption Act, and a reference to the applicable subsection or subsections;

(7) whether either parent of the child is entitled to the benefits of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended (50) U.S.C.A. 501 et seq.);

(8) that the petitioner will assume custody of the child until such time as the child is adopted.

(b) Exhibits. The petition shall have attached to it the following exhibits:

(1) a birth certificate or certification of registration of birth of the child;

(2) the joinder of a parent of a petitioner who is under age of 18, unless excused by the court.

(1) When the termination of the parental rights of a parent who has not attained the age of 18 years is sought, unless the court finds the parent is already adequately represented, the court shall appoint a guardian ad litem to represent the parent. The appointment of a guardian ad litem may be provided for in the preliminary order attached to the petition for involuntary termination of parental rights.

(2) The decree appointing a guardian ad litem shall give the name, date of birth and address (if known) of the individual whom the guardian ad litem is to represent and the proceedings and period of time for which the guardian ad litem shall act.

(d) Notice and Hearing. Notice of the hearing on the petition shall be given, in accordance with Rule 15.6 hereof, to the parent or parents whose rights are sought to be terminated, including the parent of a child born out of Wedlock, to any intermediary named in a Report of Intention to Adopt, if one has been filed, and to the guardian of the person or guardian ad litem of any parent or parents who is or are under the age of 18 years. Each petitioner, each person whose joinder or consent is attached to the petitioner and any intermediary named in a Report of Intention to Adopt shall be examined under oath at the hearing unless they are excused by the court.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.5. Adoption.

(a) Petition. The petition shall contain all declarations and information required by Section 401 of the Adoption Act and any additional information required by local rules.

(b) Notice or Consent-Parents of a Child. Notice as provided by Rule 156 shall be given to each parent unless

(1) he or she has consent in writing to the adoption and waived notice of hearing, or

(2) he or she has voluntarily relinquished his or her parental rights in a proceeding under Rule 152 or 153, or

(3) his or her parental rights have been involuntarily terminated in a proceeding under Rule 154.

(c) Investigation. A petition for adoption shall be subject to investigation as prescribed by local rules. The investigation report shall cover the matters alleged in the petition, any other matters that may affect the welfare of the child, and the information required by Section 335 and 424 of the Adoption Act.

(d) Disclosure of Fees and Costs. At the hearing there shall be offered in evidence a report, certified by counsel for the petitioner, setting forth the amount of fees and expenses paid or to be paid to counsel, and any other fees, costs and expenses paid or to be paid to an intermediary or any other person or institution, in connection with the adoption.

(e) Adult-Change of Name. When the person to be adopted is over the age of 18 years and desires to assume the surname of the adopting parent or parents, evidence showing compliance with the law relating to change of name [54 P.S. 1 et seq.] must be introduced before a decree will be made.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.6. Notice; Method and Time.

Notice to every person to be notified shall be by personal service, service at his or her residence on an adult member of the household, or by registered or certified mail to his or her last known address. If such service is not obtainable and the registered or certified mail is returned undelivered, then:

(1) no further notice shall be required in proceedings under Rules 152 or 153, and

(2) in proceedings under Rules 154 and 155, further notice by publication or otherwise shall be given if required by general rule or special order of the local Orphans’ Court.

If, after reasonable investigation, the identity of a person to be notified is unknown, notice to him or her shall not be required.

[Adopted November 24, 1975, effective January 1, 1976.]

Pa. O.C. Rule 15.7. Impounding: Docket Entries; Reports; Privacy.

(a) All proceedings shall be impounded, docket entries made, reports made to the Department of Public Welfare, and certificates of adoption issued as provided in Sections 505, 506, 507 and 508, respectively, of the Adoption Act, 23 Pa.C.S. § 201, et seq.

(b) The name or names of the natural parents and the name or names of the child before adoption shall not be entered on any docket which is subject to public inspection.

(c) No decision under the Adoption Act or any hearing judge or appellate court publicly reported or in any other way made available to the public by the court shall disclose the identity of the individual parties.

[Adopted November 24, 1975, effective January 1, 1976. Subsection (a) amended March 3, 1999, 29 Pa.B. 1494, effective immediately.]

Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com

Blended Annual Rates for Demand Loans

(Current through December 2023)

Under section 7872 of the Internal Revenue Code, there is “forgone interest” imputed on “below market loans” between family members, employers and employees, corporations and shareholders, and in other situations. For a loan payable on demand, I.R.C. section 7872(f)(2)(B) states that the applicable federal rate is the federal short-term “for the period for which the amount of foregone interest is being determined, compounded semi-annually.” Because federal rates can change can change monthly, the calculation of interest would have to be month-by-month, although it is not clear how interest should be compounded semi-annually when the rates change monthly.

To simplify calculations of interest for demand loans, Rev. Rul. 86-17, 1986-1 C.B. 377, allows the use of a “blended annual rate” for demand loans with a fixed principal amount outstanding for an entire calendar year. The blended annual rate is the product of (a) one half of the January semiannual short-term applicable federal rate times (b) one half of the July semiannual short-term applicable federal rate. (The actual formula is (1+a/2)*(1+b/2)-1, where “a” is the January rate and “b” is the July rate.) This blended annual rate is published by the Internal Revenue Service in a Revenue Ruling every June, based on the relevant rates for January and July of that year.

The following is a chart of the blended annual rates from 1985 to the present. For the interest rates to apply to low-interest (or interest-free) demand loans before 1985, see Rev. Proc. 85-46, 1985-2 C.B. 507.

[The above explanation was amended on 10/3/2021 to correct the summaries of Rev. Rul. 86-16 and I.R.C. section 7872.]

— Blended Annual Rates Under Section 7872 —

Calendar Year	Blended Annual Rate
1985	9.24%
1986	7.77%
1987	6.81%
1988	7.72%
1989	8.94%
1990	8.19%
1991	7.11%
1992	4.98%
1993	4.16%
1994	4.8%
1995	6.58%
1996	5.77%
1997	5.85%
1998	5.63%
1999	4.94%
2000	6.24%
2001	4.98%
2002	2.78%
2003	1.52%
2004	1.98%
2005	3.11%
2006	4.71%
2007	4.92%
2008	2.80%
2009	0.82%
2010	0.59%
2011	0.40%
2012	0.22%
2013	0.22%
2014	0.28%
2015	0.45%
2016	0.73%
2017	1.09%
2018	2.03%
2019	2.42%
2020	0.89%
2021	0.13%
2022	1.40%
2023	4.65%
2024	5.03%

How to Probate a Will in Pennsylvania

Last revised 4/12/2013 (to fix links to forms)

To probate a will in Pennsylvania, or obtain letters of administration if the decedent died without a will, the following must be filed with the Register of Wills of the county in which the decided was domiciled (i.e., maintained his or her primary residence) at death.

A petition either in the form supplied by the local county or in the form established by the Pennsylvania Supreme Court (Form RW-02). Part of this form (the oath of the personal representative) must be signed in the presence of the Register of Wills, so the persons wishing to serve as executor or administrator must either go to the Register’s office or arrange for the Register to commission on official of another state to administer the oath.
A death certificate with an official seal.
The original will (if there is one) and all codicils (if any).
A completed Estate Information Sheet, Form RW-01.
A check for the filing fees (which are different in each county).
Each person wishing to serve as executor or administrator should also bring proof of identity (such as a driver’s license), which the Register may require before administering the oath of office and granting the petition.

Depending on the circumstances, it may also be necessary to file:

If the will has attached to it a notarized acknowledgment by the decedent and a notarized affidavit by the two subscribing witnesses (or one affidavit by both the decedent and the witnesses), the will is “self-proving” and it should be possible to probate the will without further proof of authenticity. If there are no attached affidavits, you will need signed and notarized oaths of witnesses. If possible, the oaths should be of the subscribing witnesses (i.e., the witnesses who originally signed the will as witnesses),Form RW-03. If the will was not witnessed, or the subscribing witnesses have died, moved out of state, cannot be located, or are otherwise unavailable, then witnesses who are familiar with the testator’s signature and can identify the signature on the will as the signature of the testator can complete Form RW-04, for non-subscribing witnesses.
A signed and notarized renunciation (Form RW-06) for each person named as executor in the will (or entitled to letters of administration by law) who does not wish to serve. (For example, if a parent dies without a will and there are two children and only one wants to administer the estate, the other should sign a renunciation.)

For additional information and forms relating to practice before the Register of Wills of Philadelphia, see the Philadelphia Estate Practitioner’s Handbook. (Although written for Philadelphia County, many of the forms and procedures will be similar to those in other counties.)

More information about how to administer an estate can be found in “How to Settle an Estate” by Charles K. Plotnick and Stephan R. Leimberg, published by Leimberg Associates, Inc., (610) 924-0515.

Evans Law Office
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (866) 348-4250
Email: resources@evans-legal.com

Registers of Wills in Pennsylvania

(Last updated 1/24/2020)

The Register of Wills of each county in Pennsylvania is responsible for the probate of wills and the grant of letters testamentary or letters of administration to the personal representatives (executor or administrator) entitled to administer the estates of decedents who died domiciled in those counties.

The following is a table of the addresses and telephone numbers, together with links to web sites (if any) and on-line fee schedules (if any) and local forms, of the Registers of Wills of the different counties in Pennsylvania. Some of the web sites show only contact information (names, addresses, telephone numbers, etc.). A few allow on-line searches of probate records.

For additional information about Registers of Wills in Pennsylvania, see Registers of Wills and Clerks of Orphans’ Court Association of Pennsylvania. For additional information about practice before Registers, see Philadelphia Estate Practitioner’s Handbook.

County	County Code	Address	Telephone	Fees/Forms/Online Services	Attorney General Regional Office
ADAMS	1	117 Baltimore St., Room 102 Gettysburg, PA 17325	(717) 337-9826	Fee Schedule Forms	Central (Harrisburg)
ALLEGHENY	2	City-County Building 414 Grant St., 1st Floor Pittsburgh, PA 15219	(412) 350-4180	Fee Schedule Forms	Western (Pittsburgh)
ARMSTRONG	3	Courthouse 500 Market Street Kittanning, PA 16201	(724) 548-3220	Fee Schedule	Western (Pittsburgh)
BEAVER	4	Courthouse 810 Third St., 1st Floor Beaver, PA 15009	(724) 770-4550	Fee Schedule Forms	Western (Pittsburgh)
BEDFORD	5	Courthouse 200 S. Juliana St. Bedford, PA 15522	(814) 623-4836	Fee Schedule	Central (Harrisburg)
BERKS	6	Berks Co. Services Center 633 Court St., 2nd Floor Reading, PA 19601	(610) 478-6600	Fee Schedule Forms	Eastern (Philadelphia)
BLAIR	7	Courthouse 423 Allegheny Street Hollidaysburg, PA 16648	(814) 693-3092	Fee Schedule	Central (Harrisburg)
BRADFORD	8	Courthouse 310 Main St. Towanda, PA 18848	(570) 265-1702	Fee Shedule	Central (Harrisburg)
BUCKS	9	Courthouse 55 East Court Street, 3rd Floor Doylestown, PA 18901	(215) 348-6265	Fee Schedule Forms e-Docket	Eastern (Philadelphia)
BUTLER	10	County Government Center 124 West Diamond St., Level L P.O. Box 1208 Butler, PA 16003-1208	(724) 284-1409	Fee Schedule Forms	Western (Pittsburgh)
CAMBRIA	11	Courthouse 200 South Center Street Ebensburg, PA 15931	(814) 472-1440		Western (Pittsburgh)
CAMERON	12	Courthouse 20 East 5th Street Emporium, PA 15834	(814) 486-3355		Western (Pittsburgh)
CARBON	13	Courthouse 1 Hazard Square P.O. Box 286 Jim Thorpe, PA 18229	(717) 325-2261	Fee Schedule	Eastern (Philadelphia)
CENTRE	14	Willowbank County Office Bldg. 414 Holmes Avenue, Suite 2 Bellefonte, PA 16823	(814) 355-6724	FeeSchedule Forms	Central (Harrisburg)
CHESTER	15	Courthouse 201 W. Market St., Suite 2200 P.O. Box 2746 West Chester, PA 19380-0989	(610) 344-6335	Fee Schedule Forms	Eastern (Philadelphia)
CLARION	16	Courthouse 421 Main St., Suite 24 Clarion, PA 16214	(814) 226-4000 Ext. 2500	Fee Schedule	Western (Pittsburgh)
CLEARFIELD	17	Courthouse 1 North Second Street, Suite 103 P.O. Box 361 Clearfield, PA 16830	(814) 765-2641 Ext. 1350	Fee Schedule	Western (Pittsburgh)
CLINTON	18	Courthouse 230 East Water Street Lock Haven, PA 17745	(570) 893-4010		Central (Harrisburg)
COLUMBIA	19	Courthouse 35 West Main Street Bloomsburg, PA 17815	(570) 389-5632	Fee Schedule	Central (Harrisburg)
CRAWFORD	20	Courthouse 903 Diamond Pk. Meadville, PA 16335	(814) 373-2537	Fee Schedule	Western (Pittsburgh)
CUMBERLAND	21	Courthouse 1 Courthouse Sq., Room 102 Carlisle, PA 17013-3387	(717) 240-6345	Fee Schedule Forms	Central (Harrisburg)
DAUPHIN	22	Courthouse, Room 103 101 Market. St. Harrisburg, PA 17101	(717) 780-6500	Fee Schedule Forms	Central (Harrisburg)
DELAWARE	23	Gov. Center Bldg. 201 W. Front St. Media, PA 19063	(610) 891-4400	e-Filing	Eastern (Philadelphia)
ELK	24	Courthouse 240 Main Street P.O. Box 314 Ridgway, PA 15853	(814) 776-5349	Fee Schedule	Western (Pittsburgh)
ERIE	25	Courthouse 140 W. 6th St., Room 122 Erie, PA 16501	(814) 451-6260	FeeSchedule Forms	Western (Pittsburgh)
FAYETTE	26	Courthouse 61 E. Main St. Uniontown, PA 15401	(724) 430-1206		Western (Pittsburgh)
FOREST	27	Courthouse 526 Elm Street, #2 Tionesta, PA 16353	(814) 755-3526		Western (Pittsburgh)
FRANKLIN	28	Courthouse 157 Lincoln Way E., 1st Floor Chambersburg, PA 17201	(717) 261-3872	Fee Schedule	Central (Harrisburg)
FULTON	29	Courthouse 201 North 2nd St. McConnellsburg, PA 17233	(717) 485-4212		Central (Harrisburg)
GREENE	30	Courthouse 10 East High St., Room 100 Waynesburg, PA 15370	(724) 852-5284	Fee Schedule	Western (Pittsburgh)
HUNTINGDON	31	Courthouse 223 Penn Street Huntingdon, PA 16652	(814) 643-2740		Central (Harrisburg)
INDIANA	32	Courthouse 825 Philadelphia Street Indiana, PA 15701	(724) 465-3860	Fee Schedule e-Docket	Western (Pittsburgh)
JEFFERSON	33	Courthouse 200 Main Street Brookville, PA 15825	(814) 849-1610		Western (Pittsburgh)
JUNIATA	34	Courthouse 1 North Main St. P.O. Box 68 Mifflintown, PA 17059	(717) 436-7709	Fee Schedule	Central (Harrisburg)
LACKAWANNA	35	Courthouse 200 N. Washington Ave. Scranton, PA 18503	(570) 963-6702	Fee Schedule Forms e-Docket	Central (Harrisburg)
LANCASTER	36	Courthouse 50 N. Duke Street P.O. Box 83480 Lancaster, PA 17608-3480	(717) 299-8243	Forms e-Docket	Central (Harrisburg)
LAWRENCE	37	Government Center, 2nd Floor 430 Court St. New Castle, PA 16101	(724) 656-2159	Fee Schedule	Western (Pittsburgh)
LEBANON	38	Municipal Building, Room 105 400 South 8th Street Lebanon, PA 17042=6794	(717) 274-2801 Ext. 2217	Fee Schedule Forms	Central (Harrisburg)
LEHIGH	39	Courthouse 455 West Hamilton St., Room 124 Allentown, PA 18101-1614	(610) 782-3170	Fee Schedule Forms	Eastern (Philadelphia)
LUZERNE	40	Courthouse, Penn Place Annex 20 N. River St. Wilkes-Barre, PA 18711	(570) 825-1668		Central (Harrisburg)
LYCOMING	41	Courthouse 48 W. Third Street Williamsport, PA 17701	(570) 327-2263		Central (Harrisburg)
MCKEAN	42	Courthouse 400 W. Main Street Smethport, PA 16749	(814) 887-3260		Western (Pittsburgh)
MERCER	43	112 Courthouse Mercer, PA 16137	(724) 662-3800 Ext. 2248		Western (Pittsburgh)
MIFFLIN	44	Courthouse 20 North Wayne St. Lewistown, PA 17044	(717) 242-1449	Fee Schedule	Central (Harrisburg)
MONROE	45	Courthouse 7th & Monroe Streets Stroudsburg, PA 18360	(570) 517-3359	Fee Schedule Forms	Eastern (Philadelphia)
MONTGOMERY	46	One Montgomery Plaza, 4th Floor P.O. Box 311 Norristown, PA 19404-0311	(610) 278-3400	Fee Schedule Forms e-Docket e-File	Eastern (Philadelphia)
MONTOUR	47	Courthouse 29 Mill St. Danville, PA 17821	(570) 271-3012	Fee Schedule Forms	Central (Harrisburg)
NORTHAMPTON	48	Courthouse 669 Washington St. Easton, PA 18042	(610) 559-3094	Fee Schedule Forms	Eastern (Philadelphia)
NORTHUMBERLAND	49	Courthouse 201 Market Street Sunbury, PA 17801	(570) 988-4143		Central (Harrisburg)
PERRY	50	Courthouse 25 West Main Street P.O. Box 37 New Bloomfield, PA 17068	(717) 582-2131, Ext. 2237	Fee Schedule	Central (Harrisburg)
PHILADELPHIA	51	City Hall, Room 180 Philadelphia, PA 19107	(215) 686-6250	Fee Schedule Forms e-Docket e-File	Eastern (Philadelphia)
PIKE	52	Courthouse 506 Broad St. Milford, PA 18337	(717) 296-3508	Fee Schedule	Eastern (Philadelphia)
POTTER	53	1 North Main Street Coudersport, PA 16915	(814) 274-8370	Fee Schedule	Central (Harrisburg)
SCHUYLKILL	54	Courthouse 401 N. 2nd St., 1st Floor Pottsville, PA 17901	(717) 628-1382	Fee Schedule e-Docket	Central (Harrisburg)
SNYDER	55	Courthouse 9 West Market Street P.O. Box 217 Middleburg, PA 17842	(570) 837-4224	Fee Schedule	Central (Harrisburg)
SOMERSET	56	111 E. Union St., Suite 145 Somerset, PA 15501	(814) 445-1548	Fee Schedule	Western (Pittsburgh)
SULLIVAN	57	Sullivan County Courthouse 245 Muncy Street Laporte, PA 18626	(570) 946-7351		Central (Harrisburg)
SUSQUEHANNA	58	Courthouse 11 Maple Street P.O. Box 218 Montrose, PA 18801	(570) 278-4600	Fee Schedule	Central (Harrisburg)
TIOGA	59	Courthouse 116 Main Street Wellsboro, PA 16901	(570) 724-9260	Fee Schedule	Central (Harrisburg)
UNION	60	Courthouse 103 South Second Street Lewisburg, PA 17837	(570) 524-8761		Central (Harrisburg)
VENANGO	61	Courthouse 1168 Liberty St., 1st Floor Franklin, PA 16323	(814) 432-9539		Western (Pittsburgh)
WARREN	62	Courthouse 204 4th Avenue Warren, PA 16365	(814) 728-3430		Western (Pittsburgh)
WASHINGTON	63	1 S. Main St., Suite 1002 Washington, PA 15301	(724) 228-6775	Fee Schedule e-Docket	Western (Pittsburgh)
WAYNE	64	Courthouse Annex Court Street Honesdale, PA 18431-1996	(570) 253-5970 Ext. 4040		Eastern (Philadelphia)
WESTMORELAND	65	Courthouse Annex 2 N. Main Street, Suite 301 Greensburg, PA 15601	(724) 830-3177	Fee Schedule e-Docket	Western (Pittsburgh)
WYOMING	66	Courthouse 1 Courthouse Square Tunkhannock, PA 18657	(570) 996-2237	Fee Schedule	Central (Harrisburg)
YORK	67	York Co. Judicial Center 45 N. George St., 2nd Floor York, PA 17401	(717) 771-9607	Fee Schedule Forms	Central (Harrisburg)

Interest on Underpayments and Overpayments of Federal Taxes

(Current through June 2025)

Interest on underpayments of federal tax must accrue interest, compounded daily, at rates published quarterly by the Internal Revenue Service in accordance with section 6621 of the Internal Revenue Code. (See Rev. Proc. 95-17, 1995-1 C.B. 556, for rules on how to calculate compounded interest.)

The rates for the most recent twelve calendar quarters are as follows:

— Rates for Underpayments and Overpayments of Tax —

Calendar Quarter	Underpayments & Noncorporate Overpayments	Corporate Overpayments	Large Corp. Overpayments	Large Corp. Underpayments
Jul-Sep 2022	5%	4%	2.5%	7%
Oct-Dec 2022	6%	5%	3.5%	8%
Jan-Mar 2023	7%	6%	4.5%	9%
Apr-Jun 2023	7%	6%	4.5%	9%
Jul-Sep 2023	7%	6%	4.5%	9%
Oct-Dec 2023	8%	7%	5.5%	10%
Jan-Mar 2024	8%	7%	5.5%	10%
Apr-Jun 2024	8%	7%	5.5%	10%
Jul-Sep 2024	8%	7%	5.5%	10%
Oct-Dec 2024	8%	7%	5.5%	10%
Jan-Mar 2025	7%	6%	4.5%	9%
Apr-Jun 2025	7%	6%	4.5%	9%

As can be seen from the above table, the interest rate that applies to overpayments of tax by individuals (and other noncorporate taxpayers) is the same rate that applies to underpayments of tax.

For corporations, the interest rate on overpayments of $10,000 or less is 1 point less than the rate for underpayments, and the interest rate on the portion of the overpayment in excess of $10,000 (i.e., “large” overpayments) is 2.5 points less than the rate on underpayments. Corporations also pay interest that is 2 points higher for “large corporate underpayments” (i.e., underpayments of more than $100,000).

The underpayment interest rates that have applied since 1987 are shown below.

— Rates for Underpayments —

Year	First Quarter	Second Quarter	Third Quarter	Fourth Quarter
1987	9%	9%	9%	10%
1988	11%	10%	10%	11%
1989	11%	12%	12%	11%
1990	11%	11%	11%	11%
1991	11%	10%	10%	10%
1992	9%	8%	8%	7%
1993	7%	7%	7%	7%
1994	7%	7%	8%	9%
1995	9%	10%	9%	9%
1996	9%	8%	9%	9%
1997	9%	9%	9%	9%
1998	9%	8%	8%	8%
1999	7%	8%	8%	8%
2000	8%	9%	9%	9%
2001	9%	8%	7%	7%
2002	6%	6%	6%	6%
2003	5%	5%	5%	4%
2004	4%	5%	4%	5%
2005	5%	6%	6%	7%
2006	7%	7%	8%	8%
2007	8%	8%	8%	8%
2008	7%	6%	5%	6%
2009	5%	4%	4%	4%
2010	4%	4%	4%	4%
2011	3%	4%	4%	3%
2012	3%	3%	3%	3%
2013	3%	3%	3%	3%
2014	3%	3%	3%	3%
2015	3%	3%	3%	3%
2016	3%	4%	4%	4%
2017	4%	4%	4%	4%
2018	4%	5%	5%	5%
2019	6%	6%	5%	5%
2020	5%	5%	3%	3%
2021	3%	3%	3%	3%
2022	3%	4%	5%	6%
2023	7%	7%	7%	8%
2024	8%	8%	8%	8%
2025	7%	7%

Section 7520 Rates

(Current through April 2025)

The § 7520 rate is used to discount the value of annuities, life estates, and remainders to present value, and is revised monthly. It is equal to 120% of the applicable federal mid-term rate under I.R.C. § 1274(d), but rounded to the nearest two-tenths of a percent.

Normally, the § 7520 rate for the month in which the gift or death occurs is used to calculated the gift or estate tax value of the annuity, life estate, or remainder. However, the income, gift, or estate tax value of a charitable life estate or remainder can be determined using the rate for the month in which the gift or death occurs or a rate for either of the two preceding months.

The § 7520 rate for a calendar month is usually announced by the Internal Revenue Service in the form of a Revenue Ruling that is released around the 18th of the preceding month. The following is a chart of the rates that have been announced by the IRS:

	Jan.	Feb.	Mar.	Apr.	May	Jun.	Jul.	Aug.	Sep.	Oct.	Nov.	Dec.
1989	NA	NA	11.2%*	11.6%*	11.6%	11.2%	10.6%	10.0%	9.6%	10.2%	10.0%	9.8%
1990	9.6%	9.8%	10.2%	10.6%	10.6%	11.0%	10.6%	10.4%	10.2%	10.6%	10.6%	10.2%
1991	9.8%	9.6%	9.4%	9.6%	9.6%	9.6%	9.6%	9.8%	9.6%	9.0%	8.6%	8.4%
1992	8.2%	7.6%	8.0%	8.4%	8.6%	8.4%	8.2%	7.8%	7.2%	7.0%	6.8%	7.4%
1993	7.6%	7.6%	7.0%	6.6%	6.6%	6.4%	6.6%	6.4%	6.4%	6.0%	6.0%	6.2%
1994	6.4%	6.4%	6.4%	7.0%	7.8%	8.4%	8.2%	8.4%	8.4%	8.6%	9.0%	9.4%
1995	9.6%	9.6%	9.4%	8.8%	8.6%	8.2%	7.6%	7.2%	7.6%	7.6%	7.4%	7.2%
1996	6.8%	6.8%	6.6%	7.0%	7.6%	8.0%	8.2%	8.2%	8.0%	8.0%	8.0%	7.6%
1997	7.4%	7.6%	7.8%	7.8%	8.2%	8.2%	8.0%	7.6%	7.6%	7.6%	7.4%	7.2%
1998	7.2%	6.8%	6.8%	6.8%	6.8%	7.0%	6.8%	6.8%	6.6%	6.2%	5.4%	5.4%
1999	5.6%	5.6%	5.8%	6.4%	6.2%	6.4%	7.0%	7.2%	7.2%	7.2%	7.4%	7.4%
2000	7.4%	8.0%	8.2%	8.0%	7.8%	8.0%	8.0%	7.6%	7.6%	7.4%	7.2%	7.0%
2001	6.8%	6.2%	6.2%	6.0%	5.8%	6.0%	6.2%	6.0%	5.8%	5.6%	5.0%	4.8%
2002	5.4%	5.6%	5.4%	5.6%	6.0%	5.8%	5.6%	5.2%	4.6%	4.2%	3.6%	4.0%
2003	4.2%	4.0%	3.8%	3.6%	3.8%	3.6%	3.0%	3.2%	4.2%	4.4%	4.0%	4.2%
2004	4.2%	4.2%	4.0%	3.8%	3.8%	4.6%	5.0%	4.8%	4.6%	4.4%	4.2%	4.2%
2005	4.6%	4.6%	4.6%	5.0%	5.2%	4.8%	4.6%	4.8%	5.0%	5.0%	5.0%	5.4%
2006	5.4%	5.2%	5.4%	5.6%	5.8%	6.0%	6.0%	6.2%	6.0%	5.8%	5.6%	5.8%
2007	5.6%	5.6%	5.8%	5.6%	5.6%	5.6%	6.0%	6.2%	5.8%	5.2%	5.2%	5.0%
2008	4.4%	4.2%	3.6%	3.4%	3.2%	3.8%	4.2%	4.2%	4.2%	3.8%	3.6%	3.4%
2009	2.4%	2.0%	2.4%	2.6%	2.4%	2.8%	3.4%	3.4%	3.4%	3.2%	3.2%	3.2%
2010	3.0%	3.4%	3.2%	3.2%	3.4%	3.2%	2.8%	2.6%	2.4%	2.0%	2.0%	1.8%
2011	2.4%	2.8%	3.0%	3.0%	3.0%	2.8%	2.4%	2.2%	2.0%	1.4%	1.4%	1.6%
2012	1.4%	1.4%	1.4%	1.4%	1.6%	1.2%	1.2%	1.0%	1.0%	1.2%	1.0%	1.2%
2013	1.0%	1.2%	1.4%	1.4%	1.2%	1.2%	1.4%	2.0%	2.0%	2.4%	2.0%	2.0%
2014	2.2%	2.4%	2.2%	2.2%	2.4%	2.2%	2.2%	2.2%	2.2%	2.2%	2.2%	2.0%
2015	2.2%	2.0%	1.8%	2.0%	1.8%	2.0%	2.2%	2.2%	2.2%	2.0%	2.0%	2.0%
2016	2.2%	2.2%	1.8%	1.8%	1.8%	1.8%	1.8%	1.4%	1.4%	1.6%	1.6%	1.8%
2017	2.4%	2.6%	2.4%	2.6%	2.4%	2.4%	2.2%	2.4%	2.4%	2.2%	2.4%	2.6%
2018	2.6%	2.8%	3.0%	3.2%	3.2%	3.4%	3.4%	3.4%	3.4%	3.4%	3.6%	3.6%
2019	3.4%	3.2%	3.2%	3.0%	2.8%	2.8%	2.6%	2.2%	2.2%	1.8%	2.0%	2.0%
2020	2.0%	2.2%	1.8%	1.2%	0.8%	0.6%	0.6%	0.4%	0.4%	0.4%	0.4%	0.6%
2021	0.6%	0.6%	0.8%	1.0%	1.2%	1.2%	1.2%	1.2%	1.0%	1.0%	1.4%	1.6%
2022	1.6%	1.6%	2.0%	2.2%	3.0%	3.6%	3.6%	3.8%	3.6%	4.0%	4.8%	5.2%
2023	4.6%	4.6%	4.4%	5.0%	4.4%	4.2%	4.6%	5.0%	5.0%	5.4%	5.6%	5.8%
2024	5.2%	4.8%	5.0%	5.2%	5.4%	5.6%	5.4%	5.2%	4.8%	4.4%	4.4%	5.0%
2025	5.2%	5.4%	5.4%	5.0%

* The rates shown for March and April of 1989 exist only for charitable transfers in May or June of 1989 because the donor may elect to apply a rate from one of the preceding two months. See Notice 89-60, 1989-1 C.B. 700, for details. Transfers actually made in March or April of 1989 are not valued using the rates shown above but using the 10% discount rate that applied before the effective date of section 7520. See Treas. Reg. section 20.2031-7A(d).

Before 1989, life estates, remainders, and annuities were valued as follows:

From 12/1/1983 to 4/30/1989, based on a rate of 10 percent and a unisex mortality table that was known as either Table CM (in one publication) or Table LN (in the regulations). You can find tables of factors for single life and term interests, as well as Table LN, at Treas. Reg. § 20.2031-7A(d)(6).
From 1/1/1971 through 11/30/1983, based on a rate of 6 percent and using a different mortality table, also known as Table LN, that showed mortality factors for males and females separately.
From 1/1/1952 through 12/31/1970, based on a rate of 3.5% and U.S. Life Table 38 (which was also gender-specific).
Before 1/1/1952, based on a rate of 4% and a still older mortality table (which was also gender-specific).

See Treas. Reg. § 20.2031-7A for additional information.

Applicable Federal Rates for 2014

← Previous Year | Current Year | Following Year →

— Short Term Rates for 2014 —

Month	Annual	Semiann.	Quarterly	Monthly
Jan-2014	0.25%	0.25%	0.25%	0.25%
Feb-2014	0.30%	0.30%	0.30%	0.30%
Mar-2014	0.28%	0.28%	0.28%	0.28%
Apr-2014	0.28%	0.28%	0.28%	0.28%
May-2014	0.33%	0.33%	0.33%	0.33%
Jun-2014	0.32%	0.32%	0.32%	0.32%
Jul-2014	0.31%	0.31%	0.31%	0.31%
Aug-2014	0.36%	0.36%	0.36%	0.36%
Sep-2014	0.36%	0.36%	0.36%	0.36%
Oct-2014	0.38%	0.38%	0.38%	0.38%
Nov-2014	0.39%	0.39%	0.39%	0.39%
Dec-2014	0.34%	0.34%	0.34%	0.34%

— Mid Term Rates for 2014 —

Month	Annual	Semiann.	Quarterly	Monthly
Jan-2014	1.75%	1.74%	1.74%	1.73%
Feb-2014	1.97%	1.96%	1.96%	1.95%
Mar-2014	1.84%	1.83%	1.83%	1.82%
Apr-2014	1.81%	1.80%	1.80%	1.79%
May-2014	1.93%	1.92%	1.92%	1.91%
Jun-2014	1.91%	1.90%	1.90%	1.89%
Jul-2014	1.82%	1.81%	1.81%	1.80%
Aug-2014	1.89%	1.88%	1.88%	1.87%
Sep-2014	1.86%	1.85%	1.85%	1.84%
Oct-2014	1.85%	1.84%	1.84%	1.83%
Nov-2014	1.90%	1.89%	1.89%	1.88%
Dec-2014	1.72%	1.71%	1.71%	1.70%

— Long Term Rates for 2014 —

Month	Annual	Semiann.	Quarterly	Monthly
Jan-2014	3.49%	3.46%	3.45%	3.44%
Feb-2014	3.56%	3.53%	3.51%	3.50%
Mar-2014	3.36%	3.33%	3.32%	3.31%
Apr-2014	3.32%	3.29%	3.28%	3.27%
May-2014	3.27%	3.24%	3.23%	3.22%
Jun-2014	3.14%	3.12%	3.11%	3.10%
Jul-2014	3.06%	3.04%	3.03%	3.02%
Aug-2014	3.09%	3.07%	3.06%	3.05%
Sep-2014	2.97%	2.95%	2.94%	2.93%
Oct-2014	2.89%	2.87%	2.86%	2.85%
Nov-2014	2.91%	2.89%	2.88%	2.87%
Dec-2014	2.74%	2.72%	2.71%	2.70%

ERISA Preemption of Beneficiary Designations

Decedent began divorce action before death and changed the beneficiaries of a profit sharing plan of his employer without spouse’s consent. ERISA and not 20 Pa.C.S.A. 6111.2 controls, meaning beneficiary designations could not exclude spouse without spouse’s consent in writing. Mancilla Estate, 3 Fid. Rep. 3d 297 (O.C. Chester 2013) (Opinion by Tunnell, J.)

Presumption of Undue Influence Overcome

Evidence that the decedent was eighty-nine years old, unable to perform the usual activities of daily living, experienced memory lapses, and exhibited other characteristics of old age and declining mental health were insufficient to overcome presumption of testamentary capacity, but was evidence of weakened intellect and so a presumption of undue influence arose from the execution of a “transfer on death” beneficiary designation naming as primary beneficiary the son to whom the decedent had given a power of attorney and who was involved in all decisions about the decedent’s care. However, there was sufficient evidence that the decedent exercised independent judgment to overcome the presumption of undue influence. LaVeglia Estate, 3 Fid.Rep.3d 322 (O.C. Carbon 2013):

Domicile Shown by Actions of Decedent

Decedent was domiciled in Pennsylvania at the time of her death because she had maintained the same home in Philadelphia for more than 40 years, and she had shown by her continued presence and connections to Philadelphia that she still considered it her home, even though she and her husband had purchased a residence in Florida and had signed various documents stating Florida to be their residence. Perelman Estate, 3 Fid.Rep.3d 307 (O.C. Philadelphia 2013):