Lebanon Cnty. C.P. Orphans' Court Rules 7

family exemption may be made in a petition filed under Chapter

31, Section 3102 of the Decedents, Estates and Fiduciaries (20

Pa.C.S.A. §3102) and its amendments.

C. Real Estate.

1. Any person who desires to claim the family exemption

provided for under Chapter 31, Section 3121 of the Decedents,

Estates and Fiduciaries, and its amendments, in whole or in part

out of real estate, shall present a petition to the Court which shall

set forth:

(a) The name and address of the Petitioner and his

relationship with the decedent;

(b) The name, domicile and date of death of the

decedent and whether decedent died testate or intestate.

(c) Whether or not letters on the estate have been

granted and the date of issuance of said letters, if granted.

(d) The name and address of the personal

representative, if any.

(e) The name, address, relationship, and interest of all

beneficiaries or heirs at law of decedent.

(f) The name and address of the person in possession

of the real property claimed by the Petitioner.

(g) Facts establishing a prima facie right of the

Petitioner to claim said family exemption.

(h) A description of the real property claimed and its

location.

(i) The names, addresses and respective interests of all

other owners of said real property, if any.

(j) A list of all costs of administration and a statement

as to the status thereof.

(k) Whether the Petitioner requests the allowance prior

to the confirmation of the account filed in said estate or to

the audit thereof.

(l) An averment as to the capacity of all other known

interested parties either as spouse, devisee or heir at law

and the existence of a fiduciary or the necessity of an

appointment of a fiduciary for any such other party.

(m) Averments of such other additional facts as

Petitioner deems appropriate to aid the Court in passing

upon the petition.

(n) A request to the Court to appoint two appraisers to

appraise the value of the real property claimed for or on

account of the family exemption and to set apart said real

property to the Petitioner for or on account of said

exemption.

2. Upon the presentation of any petition for the family

exemption in whole or in part out of real estate, the Court shall

direct the petition to be filed and shall fix the time and place for a

hearing of said petition. Written notice of the filing of said petition

and of the time and place of hearing thereof shall be given to the

personal representative of the estate, or his attorney, and to all

interested parties in accordance with Pa.O.C. Rule 3.5(b).

3. At the hearing of said petition, the Court, if it deems

proper, shall appoint two appraisers to appraise the value of the

real property claimed for or on account of the family exemption,

who shall then proceed, with due diligence to appraise the value of

said real property and thereafter file a written report, under oath,

with the Court.

4. The appraisers shall notify the claimant or his attorney of

the place, time and date of said appraisal not less than fifteen (15)

days prior to said appraisal and the said claimant or his attorney

shall then give written notice thereof in such manner and to such

persons as the Court shall direct.

5. If the appraisers cannot agree upon a value of said real

property or if they fail to perform their duties with due diligence,

the claimant shall report such facts in writing to the Court and the

Court shall then appoint two other appraisers.

6. The appraisers shall notify the claimant, or his attorney of

their value of said real property, and the claimant, or his attorney

shall then proceed to prepare and file a report of said appraisement

for said appraisers, which report shall set forth:

(a) the names and addresses of the appraisers;

(b) the place, time and date of said appraisal;

(c) the description of the property appraised;

(d) the approximate time consumed by the appraisers to

perform all their duties pertaining to said appraisal;

(e) such additional facts as may be necessary to

acquaint the Court with all information and date necessary

for the Court to act upon said report.

7. The claimant or his attorney shall give not less than five (5)

days’ written notice of the time the appraiser’s report will be filed

for confirmation, which notice shall contain a statement that if no

objections are filed to said report within twenty (20) days after the

filing thereof, the report will be confirmed Absolutely by the Court

and the said real estate set apart to the claimant. Said notice shall

be given in such manner and to such persons as the Court shall

direct.