Chester Cnty. C.P. Court of Common Pleas Orphan's Court Rules (introduction)

Chester County Court of Common Pleas Orphans’ Court Rules 1

Chapter I Preliminary Rules

Rule L1.1. Short Title

These Rules shall be known as Chester County Orphans’ Court Rules and shall be referred to

Rule L1.3A. Definitions

“Code” means the Probate, Estates, and Fiduciaries Code (20 Pa.C.S. §101 et seq.), as amended.

“Schedule of Distribution” is a document filed with the Clerk, if required by the Court in an

adjudication, which describes the final distribution of estate assets.

Rule L1.6. Mediation by Agreement or Court Order

The Chester County Orphans’ Court Mediation Program (“Mediation Program”) utilizes Court

approved attorneys who have been trained as Orphans’ Court mediators. 2 All attorneys

representing parties in Orphans’ Court, and all unrepresented parties, are required hereby to

make a good faith effort to consider utilizing the Mediation Program, or mediation through

another program/person, before litigating any non-emergency matter in Court. All such

attorneys shall discuss mediation with their clients at the beginning of their representation, and

estimate the legal costs and likely duration of Court proceedings/appeals if mediation is not used.

Information regarding the Mediation Program may be obtained from the Chester County

Orphans’ Court Administrator or the Clerk. For anticipated complex or lengthy litigation, the

Court may order the parties to use the Mediation Program.

Rule L1.9. Trust Inter Vivos

The original trust instrument and any amendments thereto, shall be filed with the Clerk when the

Court is first required to exercise its jurisdiction over the inter vivos trust. The instrument shall

be indexed and recorded by the Clerk. Any revocation shall be likewise filed, indexed and

recorded. The rules of Court applicable to testamentary trusts shall apply to trusts inter vivos as

Most of these rules and all of the chapters are numbered to correspond to the applicable

Pennsylvania Orphans’ Court Rules and Chapters. Certain Chapters described in the Pennsylvania

Orphans’ Court Rules do not have a corresponding chapter in this publication because there are no local

rules pertaining to them.

Those using these rules are encouraged to check the Clerk’s website (www.chesco.org/wills) for

state forms and information pertaining to certain matters described herein.

For any disputed matters, all attorneys and parties are required to comply with Rule L1.6.

Mediation is intended to provide participants with an opportunity to achieve a prompt, fair, and

confidential resolution of a matter in dispute. Mediation allows sensitive matters to be privately

discussed and finally resolved, without resort to public hearings. It also avoids costly pre-hearing

litigation, hearings and appeals.

far as appropriate. In the event such instrument has been filed with another court, a certified

copy thereof will be accepted in lieu of the original. All original instruments lodged with the

Clerk shall be scanned (or otherwise electronically stored) and then returned.

Rule L1.10. Sureties

(a) Individuals proposed as sureties on bonds of fiduciaries shall take an affidavit setting

forth the facts as required thereby. Such affidavit shall be filed together with the bond

when filed, and shall be renewed annually thereafter so long as the bond shall remain in

effect. A member of the Bar or any employee of the Court shall not act as surety in any

proceeding in this Court, except by special leave of Court.

(b) Every surety company duly authorized to do business in Pennsylvania may become surety

on any bond or obligation required to be filed in this Court provided that a currently

effective certificate issued to it by the Insurance Department of the Commonwealth of

Pennsylvania, evidencing such right, shall be on file with the Clerk. No bond shall be

executed by any surety company until such a certificate is filed with the Clerk.

Rule L1.11. Corporate Fiduciaries

(a) Corporations having fiduciary powers and authorized to do business in Pennsylvania may

act as fiduciaries in matters pending in this Court if a copy of a currently effective

certificate issued by the Pennsylvania Banking Department, the Comptroller of Currency,

or the Federal Reserve Board, as the case may be, evidencing its right to exercise fiduciary

powers, certified to be true and correct by an executive officer of the corporation, is filed

with the Clerk.

(b) Except where required by statute or for special cause shown, a bond will not be required of

an approved corporate fiduciary.

Rule L1.12. Committee on Rules

Whenever deemed necessary, the president judge shall appoint a rules committee for the

Orphans’ Court of Chester County, which shall consist of at least six (6) attorneys who are

members of the Chester County Bar Association, the Orphans’ Court Administrator, the Clerk

of the Orphans’ Court, and any other person(s) designated by the president judge. The

committee shall serve for the duration and purpose indicated by the president judge, who shall

select the committee chairperson.

Rule L1.13. Reproduction of Papers

All pleadings and papers filed with either the Register or the Clerk shall be legible. Should any

such pleading or paper not be sufficiently legible for mechanical reproduction, the Register or

the Clerk may refuse to receive such pleading or paper or may require that a legible copy thereof

be submitted.

Chapter II Accounts, Objections and Distributions 3

Rule L2.1.(e) Accounts & Distribution.

Accountants preparing accounts are encouraged to review the accounts and schedule of

distribution checklists available at the office of the Clerk and on its website at

www.chesco.org/wills in order to include all information required by the Pennsylvania Orphans’

Court Rules.

Rule L2.5.(i) Call of the Audit List.

Unless scheduled differently by the Court, the audit list will be called by the Court on the first

Wednesday of every month. There will be no call of the audit list in January and July. Each audit

list shall include continued accounts and new accounts eligible for audit. No attorney need be

present unless an attorney desires to file written objections or a claim in Court at the call of the

audit list. Accounts to appear on a particular audit list must be filed not later than thirty (30) days

preceding the session of Court when the audit list will be called.

Rule L2.9.(c) Schedule of Distribution.