Erie Cnty. C.P. OrphansCourtRules (front matter)

ERIE COUNTY ORPHANS’ COURT DIVISION RULES

CHAPTER I. PRELIMINARY RULES

CHAPTER II. ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

CHAPTER III. PETITION (AND MOTION) PRACTICE AND PLEADING

CHAPTER IV. FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND

COURT; ELECTRONIC FILING

CHAPTER V. RULES GOVERNING SPECIFIC TYPES OF PETITIONS

CHAPTER VII. RULES RELATING TO PRE–HEARING AND HEARING

PROCEDURE

CHAPTER IX. AUDITORS AND HEARING OFFICERS

CHAPTER X. REGISTER OF WILLS

CHAPTERS XI – XIII. RESERVED

CHAPTER XIV. GUARDIANSHIPS OF INCAPACITATED PERSONS

CHAPTER XV. ADOPTIONS

*APPENDIX OF FORMS

Form A Motion Cover Sheet

*Additional forms are available for reference on the Erie County website:

www.eriecountypa.gov/departments/clerk-of-records/register-of-wills-estate-records/

www.eriecountypa.gov/departments/clerk-of-records/clerk-of-orphans-court/

www.eriecountypa.gov/courts/court-information/general-forms/

CHAPTER I - PRELIMINARY RULES

1.1 Short Title and Citation. These rules (“Local Rules”) shall be known as the Erie

County Orphans’ Court Rules and may be cited as “Erie O.C.R. [_].”

1.2 Construction and Application of Rules.

(a) The numbered chapters, paragraphs, and subparagraphs within these Local Rules are

intended to correspond with Pennsylvania Rules of Orphans' Court Procedure (“State Rules”)

numbering. Not all State Rules have corresponding local rules. For additional court information

and individual judges’ preferences see: www.eriecountypa.gov/courts and

www.eriecountypa.gov/departments.

1.3 Definitions.

“Business Days.” Mondays through Fridays, except for weekdays when the Erie County

Courthouse is closed.

“Clerk.” The office of the Clerk of the Orphans’ Court Division of the Erie County Clerk of

Records.

“Court Administration.” The office of the Deputy Court Administrator for the Orphans’ Court

and Family Divisions of Erie County Court Administration.

“Interested Party.” Also referred to in these Local Rules as “Party”.

“Legal Periodical.” The Erie County Legal Journal is the legal periodical for publication of

legal notices in Erie County.

“Local Rule.” The within Erie County Orphans' Court Rules, singular or plural, promulgated in

accordance with PA.R.J.A. No. 103(d).

“Motion Cover Sheet.” The Family / Orphans’ Division Motion Cover Sheet and Notice

referenced in Local Rule 1.8(c) is appended to these Local Rules as “Form A”.

“Orphans’ Motion Court.” Unless ordered otherwise, Orphans’ Motion Court is held every

Monday through Thursday at 9:00 a.m. concurrently with Family Division Motion Court. Also

referred to herein as “Motion Court.” The Motion Court schedule may be found online at:

www.eriecountypa.gov/courts.

“PEF Code.” The Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. §101 et

seq.

“Proposed Order.” An unsigned order granting the specific relief requested in a petition,

motion, or other pleading.

“Register.” The office of the Register of Wills Division of the Erie County Clerk of Records.

“Scheduling Order.” As used in these Local Rules, any order used to schedule argument or

hearing before the court, including, but not limited to, a rule to show cause, preliminary decree or

other order of court.

1.4 Extension of Time Limitations.

(a) No agreement to vary time limitations set by law, procedural rule, or court order is

enforceable unless made in writing or of record in open court.

(b) Notice of a written agreement to extend any time limitation shall be provided to the

court if a judge is actively involved in the case.

(c) No agreement to continue or reschedule an argument or hearing date is enforceable

unless a request for same is granted by the judge before whom the argument or hearing is

scheduled, upon written Motion or request in open court.

1.5 Local Rules.

(e) The local rules applicable to practice in the Civil Trial Division of the Erie

County Court of Common Pleas shall not be applicable to the Orphans' Court Division unless

directed by State Rule or specifically indicated by Local Rule.

1.6 Mediation by Agreement, Local Rule, or Court Order. The court may order

mediation upon motion of any Interested Party or sua sponte. Mediation shall not delay time

limitations, or hearing or argument dates, unless ordered by the court upon written motion or

request in open court.

1.7 Entry and Withdrawal of Counsel.

(a) An appearance by legal counsel shall include counsel’s name, law firm, office

address, email address, telephone number, and Pennsylvania Supreme Court attorney

identification number.

(b) Requests for leave to withdraw filed by counsel shall aver that the client is on notice

of the request, and state whether the client is in agreement with the withdrawal.

(i) If a matter is scheduled for argument or hearing at the time of entry or

withdrawal of appearance, notice of same shall be provided to the judge before whom the

argument or hearing is scheduled.

(ii) Requests for leave to withdraw shall proceed following the procedure for

Motion practice under Erie O.C.R. 3.0.

(iii) Leave to withdraw appearance may not be granted if the court determines

withdrawal would unduly prejudice a Party or unduly delay the litigation.

1.8 Forms.

(c) A Motion Cover Sheet in the form appended to these Local Rules as Form A shall

accompany all motions, petitions, and other requests for relief presented in Motion Court.

CHAPTER II - ACCOUNTS, OBJECTIONS AND DISTRIBUTIONS

2.4 Petition for Adjudication/Statement of Proposed Distribution; Virtual

Representation (Supplements / Additions).

(a) Supplements/Additions. Receipts received or disbursements made after filing an

account and petition for adjudication/statement of proposed distribution may be accounted for in

a supplemental account. The supplemental account shall be signed and verified by the

accountant(s) and filed with the Clerk, with notice in the same manner as required by Pa.R.O.C.P

2.5 with respect to an account.

2.6 Filing with the Clerk. For accounts to appear on a particular audit list, they must be

filed in accordance with the audit calendar published by the Clerk.

2.7 Objections to Accounts or Petitions for Adjudication/Statements of Proposed

Distribution.

(a) Within twenty (20) days of filing an objection, the objecting party or their attorney

shall schedule a hearing thereon following the procedure for petition practice under Erie O.C.R.

3.5. The objecting party scheduling the hearing shall notify all Parties receiving notice pursuant

to Pa.R.O.C.P. 2.5 and the orphans’ court auditor of the date and time of the hearing.

(i) The orphans’ court auditor may periodically identify accounts for which

objections have been filed and no hearing scheduled and notify the court. The court may direct

that notice be sent to the objecting party directing the objecting party or their attorney to

schedule a hearing thereon following the procedure for petition practice under Erie O.C.R. 3.5.

2.9 Confirmation of Accounts; Awards.

(a) Schedule of Distribution. Approval of a schedule of distribution of real estate shall

be in the nature of a confirmation of title in the respective distributees.

(i) Each award of real property shall be set forth in a separate paragraph.

(ii) Real property shall be described in the manner appearing in the last deed of

record and include information pertinent to the derivation of decedent’s title.

2.10 Foreign Heirs and Unknown Distributees. The report required by Pa.R.O.C.P. 2.10(b)

shall be submitted at the audit to the court and auditor, and shall include substantially the

following:

(a) If the fiduciary requests the court to withhold distribution to a foreign distributee, he

or she shall submit the written report, verified by the fiduciary or the fiduciary’s counsel, which

shall set forth:

(i) The relationship of the distributee to the decedent, and any available

information concerning his/her present whereabouts;

(ii) In cases of intestacy, a family tree, as complete as possible under the

circumstances, supported by such documentary evidence as the fiduciary has been able to obtain;

and

(iii) The reasons for the request that distribution be withheld, and the suggested

manner of withholding.

(b) If it appears that the existence, identity or whereabouts of a distributee is unknown,

or there are no known heirs, the fiduciary shall submit the written report, verified by the

fiduciary or the fiduciary’s counsel, which shall set forth:

(i) The nature of the investigation made to locate the heirs of the decedent, in

complete detail. The term “investigation,” as used in this Local Rule, shall include inquiry of or

to as many of the following as may be pertinent and feasible: Residents of the household in

which the decedent resided; friends and neighbors; beneficial organizations; insurance records;

church membership; school records; social security, Veterans’ Administration or military service

records; naturalization records, if not native born; and such other sources of information as the

circumstances may suggest; and

(ii) In cases of intestacy or where there are no known heirs, a family tree, as

complete as possible under the circumstances, supported by such documentary evidence as the

fiduciary has been able to obtain.

CHAPTER III – MOTION AND PETITION PRACTICE AND PLEADING

3.0 Mode of Proceeding on Motion.

(a) Orphans’ Motion Court is held every Monday through Thursday at 9:00 a.m.

concurrently with Family Division Motion Court.

(b) Prior to presentation of a contested motion in Orphans’ Motion Court, all counsel and

unrepresented Parties shall be given notice as follows:

(i) Two (2) full business days' written notice must be given by personal delivery

or facsimile transmission to all counsel and unrepresented Parties, or

(ii) Five (5) full business days if notice is by regular mail.

(1) Motions shall be deemed contested unless all Parties have joined in

the motion or written consents are attached to the motion.

(iii) The notice shall give the date and time when the motion will be presented at

Motion Court and be accompanied by a copy of the motion and Proposed Order.

(iv) The motion must contain a certification signed by counsel or unrepresented

moving Party verifying that proper notice was given under this Local Rule.

(v) If the motion is presented on an emergency basis without the above-required

notice, it shall contain a certification that the requested relief is necessary to prevent immediate

and irreparable harm.

(c) All motions shall be accompanied by a completed Motion Cover Sheet in the form

appended as Form A to these Local Rules.

(d) A Proposed Order shall be attached to all motions.

(e) Uncontested Motions. Uncontested motions may be presented in Motion Court or

delivered to the Motion Court judge’s chambers. However, if a judge is actively involved in the

case, uncontested motions not presented in Motion Court shall be delivered to that judge’s

chambers.

(i) Uncontested motions delivered to a judge’s chambers must first be filed with

the Clerk. A copy of the uncontested motion, accompanied by a completed Motion Cover Sheet,

shall then be delivered to the judge’s chambers.

(1) If an uncontested motion is filed by mail, a copy shall be

simultaneously mailed to the judge accompanied by a completed Motion Cover Sheet and

Proposed Order.

(f) Contested Motions. Contested motions may be presented in Motion Court or taken

directly to Court Administration to obtain an argument date. Motion Court is intended for minor

matters only. The Motion Court judge may issue a Scheduling Order if the matter is deemed

unsuitable for disposition in Motion Court; if so, the movant shall take the original motion and

Scheduling Order, along with a copy of each, to Court Administration to obtain an argument

date.

(g) All motions scheduled through Court Administration shall proceed following the

procedure for petition practice under Erie O.C.R. 3.5(d).

3.5 Mode of Proceeding on Petition.

(d) The original and one copy of all petitions requesting a hearing shall first be taken to

Court Administration for assignment of a hearing date. If a judge is actively involved in the

case, the petitioner shall notify Court Administration and the hearing shall be scheduled before

that judge whenever practicable. Immediately after obtaining a hearing date, the petitioner shall

file the original petition and signed Scheduling Order with the Clerk and serve copies of same in

accordance with applicable State Rules. All orders shall be filed on the date the order is signed.

(i) Counsel should attempt to verify the availability of all Parties or their counsel

before hearing dates are set, or if that is not feasible, immediately after such dates have been set,

and promptly notify the court of any anticipated scheduling issues.

(ii) Except with regard to petitions requesting emergency relief, or preliminary or

special injunction, hearings will not be scheduled earlier than thirty (30) days from the date of

the Scheduling Order.

(iii) Uncontested petitions shall be presented in the same manner as uncontested

motions under Erie O.C.R. 3.0(e).

3.9 Preliminary Objections.

(c) All preliminary objections shall be accompanied by a Proposed Order and supporting

brief. If a judge is actively involved in the case, a time-stamped copy of the preliminary

objections, Proposed Order and supporting brief shall be provided to that judge. If no judge is

actively involved in the case, the filing party shall request a judicial assignment from Court

Administration, then provide a copy of the preliminary objections, Proposed Order and

supporting brief to the assigned judge.

(d) If an amended pleading is not filed in accordance with Pa.R.O.C.P. 3.9(d)(1), a brief

in opposition to preliminary objections shall be filed within twenty (20) days of the date of

service of the preliminary objections, and copies provided to the assigned judge.

(i) Failure to timely file a brief in opposition to preliminary objections may result

in judgment in favor of the moving party if the requested relief is supported by law, or, if

argument is ordered the court may preclude the noncomplying party from participating in oral

argument.

(ii) Any Interested Party may request oral argument. However, the court may

sustain or overrule preliminary objections without oral argument if the requested relief is

supported by law.

CHAPTER IV - FORMAT AND SERVICE OF LEGAL PAPER BY PARTIES AND

COURT; ELECTRONIC FILING

4.1 Format of All Legal Paper. In addition to the requirements of Pa.R.O.C.P. 4.1, all legal

paper filed with the Clerk shall be endorsed by the filing party. If the filing party is represented

by counsel, the attorney shall provide their name, law firm, office address, email address,

telephone number, and Pennsylvania Supreme Court identification number. If the filing party is

unrepresented, their endorsement shall include their name, address and telephone number.

4.5 Service of Legal Paper by Court and Clerk. In addition to the methods set forth at

Pa.R.O.C.P. 4.5, the Clerk, Register and court may serve orders and other legal paper via

counsel’s courthouse mailbox located on the ground floor of the Erie County Courthouse. This

rule does not permit service via courthouse mailbox by anyone other than the Clerk, Register and

court.

CHAPTER V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS

5.0 Mode of Proceeding on Petition. Unless stated otherwise by state or local rule, petitions

under this Chapter shall proceed following the procedure for petition practice under Erie O.C.R.

3.5(d).

5.2 Family Exemption. A family exemption petition under Pa.R.O.C.P. 5.2 may be

included in a petition for settlement of small estate under Pa.R.O.C.P. 5.50.

5.6 Rescinded by Administrative Order, Feb. 25, 2026

5.10 Public Sale of Real Property.

(b) Notice of the public sale of real property (containing the date, time, and place of sale

and any other information required by law) shall be given:

(i) By advertisement once a week for three (3) successive weeks, the first of

which shall be at least twenty (20) days prior to the date set for the sale of the property, in the

Erie County Legal Journal and in one newspaper of general circulation in Erie County, and by

one of the following methods:

(1) By handbill, which shall be posted at a conspicuous place on the real

property to be sold, at least twenty (20) days prior to the date set for the sale of the property, and

proof of posting filed with the Clerk; or

(2) By personal notice, as required by Chapter III of the State Orphans’

Court Rules, to all Interested Parties, of the time and place of the proposed sale, at least twenty

(20) days prior to the date set for the sale of the property.

5.16 Determination of Title to Real Property (PEF Code Section 3546).

(a) Contents of Petition. A petition under PEF Code Section 3546 for the determination

of title to real property shall, in addition to the requirements of Chapter Ill of the State Rules, set

forth:

(i) The name of the petitioner and the relationship of the petitioner to the

decedent;

(ii) The facts on which the claim of the petitioner is based;

(iii) Whether the decedent died testate or intestate, and where, when and to whom

letters were granted;

(iv) A description of real property located within the Commonwealth, and

instrument number or the place, book, and page of recording of the last deed thereto;

(v) The names and addresses of all known creditors and interested parties; and

(vi) The facts material to a determination of the title.

(b) Exhibits. The following documents shall be attached as exhibits to the petition:

(i) The notice which has been given to creditors, interested parties, and, if the

heirs of the decedent are unknown, a copy of the notice given to the attorney general; and

(ii) A copy of the decedent’s will.

(c) Notice. Notice shall be given in conformity with PEF Code Section 3546(f) and

Pa.R.O.C.P. Chapter 3.

5.17 Filing of Dispositive Instruments Including Wills Without Issuance of Letters.

(a) In every proceeding involving a dispositive instrument requiring the filing of a

Pennsylvania inheritance tax return other than a grant of letters, the fiduciary shall within six (6)

months of the event giving rise to the disposition of any interest in any property, notify all

individuals and entities (and the attorney general where required) named in said dispositive

instrument, and all heirs named in a proof of death filed in conjunction therewith, of the

happening of the event giving rise to the disposition of the interest. The notice shall be

submitted by regular U.S. mail and shall include the following:

(i) The name of the creator of the property interest;

(ii) The nature of the property interest created;

(iii) Notification that the addressee has been named as a beneficiary in said

dispositive instrument and a copy of such instrument or a description of the beneficiary’s interest

under the terms of the instrument; and

(iv) The address where a copy of the dispositive interest instrument can be

acquired if desired.

COMMENT: 20 Pa.C.S.A. § 301(b) provides that the title to real estate is vested in

beneficiaries and/or heirs, as applicable upon the death of the decedent subject to the right of the

personal representative to administer the estate. 20 Pa.C.S.A. § 3357(a) provides that

beneficiaries and/or heirs, as applicable, can convey good title to real estate if more than one

year has elapsed after death and no letters have been issued or within such year if no letters

have been issued in the Commonwealth. As a result there can be circumstances when the

probate of a will or filing of a proof of death that identifies the beneficiaries and establishes the

decedent died intestate may, along with an inheritance tax return and notice to medical

assistance, etc., serve as a less expensive form of estate “administration” when the only asset(s)

is/are real estate and there are no significant creditors. The purpose of Local Rule 5.17, which

is to apply when a will is probated but letters not issued, is to provide for notice to parties named

in the will that the will has been probated.

5.50 Settlement of Small Estates by Petition. In addition to the requirements of the State

Rules, the following documents shall be attached as exhibits to the petition:

(a) If probate has not been opened, an original death certificate;

(b) If probate has not been opened, the decedent’s original will, or a copy thereof, if any,

as set forth in Pa.R.O.C.P. 5.50(b)(1)(iii); and

(c) If distributees are identified in accordance with Pa.R.O.C.P. 5.50(b)(4)(i) and/or

(b)(4)(ii), a statement of distribution of the assets of the decedent’s estate.

CHAPTER VII - RULES RELATING TO PRE–HEARING AND

HEARING PROCEDURE

7.1 Depositions, Discovery, Production of Documents, Perpetuation of Testimony, and

Subpoenas to Attend and Testify.

(a) Absent agreement of the Parties, leave of court is required to engage in discovery,

including depositions and written discovery. Requests to conduct discovery shall be presented

by motion in accordance with Erie O.C.R. 3.0.

(b) Perpetuation of testimony in a pending action shall be by deposition in accordance

with subparagraph (a) above. Where no action is pending, a petition to perpetuate testimony

shall be filed and presented in accordance with Erie O.C.R. 3.5 and include the averments

required by Pa.R.Civ.P. 1532.

7.2 Motion for Judgment on the Pleadings.

(a) All motions for judgment on the pleadings shall be accompanied by a Proposed Order

and supporting brief. If a judge is actively involved in the case, a time-stamped copy of the

motion for judgment on the pleadings, Proposed Order and supporting brief shall be provided to

that judge. If no judge is actively involved in the case, the filing party shall obtain a judicial

assignment from Court Administration, then provide a time-stamped copy of the motion,

Proposed Order and supporting brief to that judge.

(b) An answer to motion for judgment on the pleadings and brief in opposition to the

motion shall be filed within twenty (20) days of service of the motion for judgment on the

pleadings.

(c) Failure to timely file an answer and brief in opposition may result in judgment in

favor of the moving party where the requested relief is supported by law, or, if argument is

ordered the court may preclude the noncomplying party from participating in oral argument.

(d) Any Interested Party may request oral argument, however, the court may grant or

deny motions for judgment on the pleadings without oral argument if the requested relief is

supported by law.

7.3 Motion for Summary Judgment.

(a) All motions for summary judgment shall be accompanied by a Proposed Order and

supporting brief. If a judge is actively involved in the case, a time-stamped copy of the motion

for summary judgment, Proposed Order and supporting brief shall be provided to that judge. If

no judge is actively involved in the case, the filing party shall obtain a judicial assignment from

court administration, then provide a copy of the motion, Proposed Order and supporting brief to

that judge.

(c) Any interested party may request oral argument, however, the court may grant or

deny motions for summary judgment without oral argument if the requested relief is supported

by law.

7.4 Injunctions. Petitions for injunctive relief shall proceed in accordance with Erie O.C.R.

3.5. If the petitioner is seeking preliminary injunctive relief, they shall alert Court

Administration if an emergency hearing is requested.

CHAPTER IX – AUDITORS AND HEARING OFFICERS

9.1 Notice of Hearings.

(a) An auditor or hearing officer shall give at least twenty (20) days' notice of the time

and place of their first hearing to all Interested Parties in the manner set forth in Chapter IV of

the State Orphans’ Court Rules.

(b) Notice of succeeding hearings given by an auditor or hearing officer at a hearing of

which proper notice has been given shall constitute sufficient notice of such succeeding hearings.

9.6 Notice of Filing Report. An auditor or hearing officer shall give notice of the filing of

their report or of the intention to file their report to all interested parties in the manner set forth in

9.7 Confirmation or Approval of Report. Any Interested Party may request a hearing on

the confirmation of an auditor's report or the approval of a hearing officer's report by petition

following the procedure for petition practice under Erie O.C.R. 3.5.

9.8 Security for Expenses and Fees. The auditor or hearing officer shall be compensated as

directed by the court and from such sources as the court shall direct.

CHAPTER X – REGISTER OF WILLS

10.2 Petition Practice.

(a) A death certificate for the decedent shall be presented to the Register for inspection

and verification of information at the time of presentation of a petition for grant of letters.

(b) The Register, upon their own motion, or upon the motion of any Interested Party,

may extend any limitation of time prescribed by these Local Rules.

(c) Leave to engage in discovery may be granted upon application to the Register by an

Interested Party and shall be limited to depositions, requests for production of documents,

requests for admissions, and subpoenas.

(i) Motions for discovery beyond the scope of this Local Rule shall be presented

to the court in accordance with Erie O.C.R. 3.0

(ii) Objections to discovery shall be addressed to and decided by the Register.

10.4 Appeals from the Register of Wills. Appeals to the court from an order or decree of the

Register shall proceed following the procedure for petition practice under Erie O.C.R. 3.5(d) and

PEF Code §908.

CHAPTER XIV - INCAPACITATED PERSONS