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Home→Tags Small estate

Tag Archives: Small estate

Amendments to Rule 5.50 for Small Estate Petitions

Posted on May 2, 2024 by Daniel EvansMay 17, 2024

The Supreme Court has amended Pa.R.O.C.P. 5.50, “Settlement of Small Estates by Petition,” to accommodate situations in which the original will has been lodged with the Register or a copy of a will is being admitted to probate, and situations in … Continue reading →

Posted in News, Rules and Regs. | Tagged Small estate

Philadelphia O.C. Rules Added and Restated

Posted on March 3, 2023 by Daniel EvansMarch 3, 2023

Philadelphia has adopted new local Orphans’ Court Rules 3.5A (“Procedure for Determination when No Response is Filed to a Petition under Pa.R.O.C.P. 3.5(a) or 3.5(b)”) and 5.50A (“Settlement of Small Estates by Petition”), and has amended and restated Rule 14.2A … Continue reading →

Posted in News, Rules and Regs. | Tagged Guardianship, Local Rules, Small estate

Filing of Inheritance Tax Return Is Mandatory for Small Estate Petition

Small estate petition dismissed for failure to include a statement that the Pennsylvania inheritance tax return had been filed and the tax paid and failure to include a copy of a notice of appraisement, as required by Pa.R.O.C.P. 5.50(b)(5) and … Continue reading →

Posted in Opinions | Tagged Inheritance Tax, Small estate

Proposed Amendments to Rule on Small Estate Petitions

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 … Continue reading →

Posted in News, Rules and Regs. | Tagged Small estate

Westmoreland Co. Rule WO5.17 Rescinded

Westmoreland County has rescinded local Orphans’ Court Rule WO5.17, relating to small estate petitions. “Orphans’ Court Rules; No. 3 of 2020” (9/29/2020), 50 Pa.B. 5843 (10/24/2020). … Continue reading →

Posted in News, Rules and Regs. | Tagged Local Rules, Small estate

New Rule for Small Estate Petition

Posted on August 28, 2020 by Daniel EvansAugust 28, 2020

The Supreme Court has adopted a new Pa.O.C. Rule 5.50 governing the form and contents of petitions to settle small estates in accordance with 20 Pa.C.S. § 3102, the new rule to be effective on October 1, 2020. A note has … Continue reading →

Posted in News, Rules and Regs. | Tagged Claims of Creditors, Joint accounts, Joint Tenancy, Multiple-Party Account Act, PEF Code 3101, Small estate, TOD registration

Proposed Rule for Small Estate Petition

Posted on January 28, 2019 by Daniel EvansFebruary 2, 2019

The Supreme Court Orphans’ Court Procedural Rules Committee is planning to propose a new Pa.O.C. Rule 5.50 to specify the contents of a petition to settle a small estate in accordance with 20 Pa.C.S. § 3102. Any comments on the … Continue reading →

Posted in News, Rules and Regs. | Tagged Small estate

Westmoreland Revises Rule on Small Estates

Westmoreland County has rescinded local Rule WO407(b)(1) and adopted a new Rule WO407(b)(1), recognizing the new $50,000 limit on small estate petitions.  “Rescinding Orphans’ Court Rule WO407(b)(1),” No. 3 of 2015, 45 Pa.B. 6116 (Westmoreland Co. 10/10/2015) (effective 30 days … Continue reading →

Posted in News, Rules and Regs. | Tagged Small estate, Westmoreland Co.

Large Executor Commission Allowed in Small Estate

10% executor commission allowed in a small estate of $48, 516.61, where beneficiary infighting and obstructionism created greater effort and time of executor; commission not limited to fee schedule under Johnson Estate.  Duhovis Estate, 2 Fid. Rep. 3d 431 (O.C. … Continue reading →

Posted in Opinions | Tagged Executor Commission, Fee Schedule, Small estate

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