Mercer Cnty. C.P. Rules of Orphan's Court Rule 5

Local Rule 5.2:1 Appraisal

a. When Appraisal Unnecessary – Unless otherwise directed by the Court,

no appraisal shall be required if the exemption is claimed:

1. from personal property; or

2. wholly or in part from real estate, if all parties in interest

agree on the valuation.

b. Procedure for Appraisal When Required –

1. Upon petition the Court may appoint two (2) appraisers

who shall, within thirty (30) days after their appointment,

file with the Clerk an appraisal of the property claimed.

2. Upon the filing of the appraisal with the Clerk, the

appraisers shall also give notice thereof to the personal

representative and to the next of kin; and, if there be

neither personal representative nor next of kin, to the

Attorney General.

3. The notice shall contain a copy of the petition and the

appraisal, and a statement that nisi confirmation of the

appraisal will be requested and may be allowed by the

Court at a stated date, and unless objections are filed

thereto, the appraisal shall be confirmed thereafter by the

Clerk without further Order of Court. Said notice shall be

given by the petitioner not less than twenty (20) days prior

to the date set for confirmation.

Local Rule 5.2:2 Voluntary Distribution

When the personal representative, at his own risk, delivers assets of the estate

in satisfaction of the exemption, he shall set forth the same as a credit in the

account. The same may be the subject of objection by any claimant of interested

party.

Local Rule 5.2:3 Conclusiveness of Averments

If the averments of the petition are not conclusive as to the right of the

individual to the allowance being claimed, the matter may be referred to a

master, auditor, or to a Hearing Judge.

Local Rule 5.2:4 Appraisal. Notice. Practice and Procedure

a. Filing of Appraisal – The appraisers shall, within thirty (30) days

after their appointment, file with the Clerk an appraisal of the

property claimed.

b. Notice of Appraisal – Upon the filing of the appraisal, notice

thereof shall be given to the personal representative and to the

next of kin, and if there be neither personal representative nor

the next of kin, to the Attorney General. The notice shall contain

a copy of the petition and appraisal, and a statement that

confirmation of the appraisal will occur on a stated date and the

setting apart of the real estate to the individual who will be

requesting the family exception and may be allowed by the Court

at a stated time, and unless exceptions are filed before the date of

confirmation. Said notice shall be given not less than twenty (20)

days prior to the date set for confirmation. If the address or

whereabouts of any of the next of kin is unknown, notice shall be

given in such manner as the Court shall direct.

c. Confirmation and Setting Apart of Allowance – Unless exceptions

are filed, the appraisal and award of real estate shall be

confirmed.

d. Objections – Objections to an appraisement shall be filed with the

Clerk before confirmation. Copies of the objection shall be served

on the fiduciary, if any, and on the individual who will be

requesting the family exemption or their attorney within five (5)

days after filing. If objections are filed, the matter may be placed

on the Argument List by praecipe for disposition.

e. Claim for Money – If the entire claim is for money, which need

not be appraised, claim may be made at or before the audit of the

fiduciary’s account, provided no payment shall be made to the

spouse until it appears that the money claimed is not required for

payment of debts.

Local Rule 5.4:1 Extension of Time. Contents of Petition

A petition for the extension of time in which the surviving spouse may file an

election to take against the Will shall comply with all existing Orphans’ Court

Rules.

Local Rule 5.4:2 Extension of Time. Practice and Procedure

The petitioner shall file the petition with the Clerk and thereafter given twenty

(20) days written notice of intention to request the extension at a stated day to

all persons adversely affected thereby who do not join in the prayer of the

petition. In the absence of objection, upon the presentation of a Certificate of

Service on or after said day, an appropriate decree may be entered by the Court.

Local Rule 5.5:1 Guardians and Trustees Ad Litem. Appointment and

Compensation

Each estate shall be liable for the compensation of the guardian ad litem or the

trustee ad litem based upon a schedule of fees fixed by the Court. In special

circumstances, the compensation of the guardian ad litem or the trustee ad

litem will be fixed by special order of the Court.

Local Rule 5.6:1 Information Required from Counsel

At the time of the presentation of the petition for the appointment of an

individual guardian, for a minor’s estate, counsel shall state the following in

court:

1. the total amount of the assets;

2. whether or not the minor resides in the same household with the

proposed guardian; and

3. whether it is proposed to deposit the share of the minor in a

restricted account.

Local Rule 5.6:2 Minor’s Estate. Restricted Account

a. Waiver of Security – In lieu of the entry of security, the Court, in the

decree appointing the guardian, may authorize the guardian to deposit

the funds of the minor in an interest-bearing deposit insured by the

Federal Deposit Insurance Corporation subject to the express restriction,

to be noted on the records of the institution, that no withdrawals shall be

made therefrom without order of Court, with a further requirement that

the evidence of the deposit or investment, marked to indicate the

restriction, shall be promptly exhibited to the Court.

b. Limitation – The deposit under paragraph (1) of this Local Rule shall not

exceed the statutory limitation as provided in Section 5103 of the

Probate, Estates, and Fiduciaries Code (20 Pa.C.S. § 5103).

c. Payment at Majority of Minor –

1. The decree of the Court may contain a further provision

that if no withdrawals are made from the account during

minority, the institution may pay over the funds when the

minor attains his majority, upon the joint agreement of

the guardian and the former minor without further order

of the Court.

2. If, upon subsequent order of the Court, withdrawals have

been made from the account during minority, the guardian

shall file a petition for discharge upon the minor attaining

his majority. There shall be attached to the petition:

A. an affidavit or verified statement in the

nature of an account, containing items of

administration, distribution, principal, and

income, which shall be separately stated;

B. an affidavit or verified statement by the

guardian setting forth the date the minor

attained his majority; that he has examined

the account, that he has received the

money, or benefit of the money, for which

credit is taken in the account; that he

approves the account and requests that it

be confirmed; and that, upon distribution to

him of the balance shown thereon, subject

to such additional credits as may be

authorized by law and set forth in the

petition and order, he agrees that the

guardian shall be discharged.

d. Additional Assets – When the guardian has received assets in addition to

the deposit or investment made in accordance with this Local Rule, he

shall account as if the restricted account did not form part of the estate.

Local Rule 5.6:3 Minor’s Estate Not Exceeding Statutory Limitation

a. Disposition. In General – If the value of the real and personal estate of a

minor does not exceed the statutory limitation as provided in Section

5103 of the Probate, Estates, and Fiduciaries Code (20 Pa.C.S.A. § 5103),

the Court may:

1. authorize payment or delivery thereof to the minor or the

parent or other person maintaining the minor;

2. direct the deposit of the minor in a restricted account in

the name of a natural guardian of the minor or of the

minor individually; or

3. make such provision for the retention or deposit of

securities or other assets as the Court shall deem for the

best interests of the minor.

b. Mortgage or Sale of Real Property – If the value of the entire estate of a

minor does not exceed the statutory limitation as provided in Section

5103 of the Probate, Estates, and Fiduciaries Code (20 Pa.C.S.A. § 5103),

the Court upon petition, may authorize the parent or other person

maintaining the minor to convey or mortgage any real property forming a

part or all of such estate, without the appointment of a guardian or the

entry of security. The petition shall conform to the requirements of the

provisions governing the same or mortgage of real property by a

guardian. The order of the Court may be conditioned upon the deposit of

the proceeds of the sale or mortgage in a restricted account.

Local Rule 5.6:4 Minor’s Estate. Allowances

a. In General. Responsibility of Guardian – Expenditures from income for

the benefit of the minor, and counsel fees in a nominal amount for

routine services, whether payable from principal or income, should

ordinarily be made by the guardian upon his own responsibility without

application to the Court for approval.

b. Permissive Petition – The guardian may petition the Court for approval of

periodical payments from income needed for the maintenance, support,

or education of the minor, the minor’s spouse or children.

c. Mandatory Petition – Except as provided in paragraph (1) of this Local

Rule, unless approval by the Court is first obtained, no payments shall be

made by the guardian when payment is to be made from principal, or

when special services have been performed by counsel and the guardian

is in doubt as to the reasonableness of the fee.

d. Contents of Petition. Allowance for Maintenance, Support, or

Education – A petition for an allowance from a minor’s estate for the

maintenance, support or education of the minor, the minor’s spouse or

children, shall set forth:

1. the manner of the guardian’s appointment and

qualification, and the dates thereof; and the terms of the

instrument creating the estate;

2. the age and residence of the minor; whether the minor’s

parents are living; the name of the person with whom the

minor resides, and, if married, the name and age of the

minor’s spouse and children;

3. the value of the minor’s estate, real and personal, and the

net annual income;

4. the circumstances of the minor, whether employed or

attending school; if the minor’s parents, or the person

charged with the duty of supporting him, are living, the

financial condition and income of such person and why

they are not discharging their duty to support the minor;

and whether there is adequate provision for the support

and education of the minor, or the minor’s spouse and

children;

5. the date and amount of any provision previously allowed

by the Court, and the name of the Judge who granted it;

6. the financial requirements of the minor and the minor’s

family unit, in detail, and the circumstances making such

allowance necessary; and

7. if the petition is presented by someone other than the

guardian, that demand was made upon the guardian to

act, and the reason, if any given by him/her for his/her

failure to do so.

Local Rule 5.8:1 Discharge of a Fiduciary. Additional Provisions

a. Affidavit or Verification – The affidavit or verified statement to the

petition shall include an averment that the parties who have signed the

consents to discharge are all interested parties in the estate, or the

reason for the failure of any party to consent. If any party shall fail to

consent, the Court may, if the circumstances require, direct the issuance

of notices by citation or otherwise.

b. Exhibits. Consent – Written consent of all interested parties, and of the

surviving or successor fiduciary, shall be attached to the petition. Such

consent may be included in a satisfaction of award attached to the

petition.

c. Discharge of a Personal Representative – When the value of the gross,

real, and personal estate of a decedent does not exceed the value of the

statutory limitation, the personal representative, after the expiration of

one (1) year from the first complete advertisement of the grant of letters,

may present a petition to the Court with an account attached under the

provisions of Section 3531 of the Probate, Estate and Fiduciaries Code (20

Pa.C.S.A. § 3531). The petition shall conform as far as practicable to the

requirements of a petition under Supreme Court Orphans’ Court Rules.

Local Rule 5.9:1 Partition. Additional Provisions

The fiduciary selling real property in a partition proceeding shall file an account

after the sale is completed. The Court may dispose of the matter or may appoint

an auditor to ascertain whether there are nay liens or other encumbrances on

such real property affecting the interests of the parties.