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Philadelphia Cnty. C.P. CP-Orphans' Division Rule 2.9A

Schedules of Distribution

activein force · 2019-06-01 – presentact-effective-date

(1) Filing. When directed by the Auditing Judge or at the election of the

accountant, a schedule of distribution, in the form approved by the Court, shall be

electronically filed with the Clerk. The Auditing Judge, in his or her discretion,

may direct that only awards of real property or personal property, to be

distributed in kind, need be included in the schedule of distribution.

(2) Certification. The attorney for the accountant shall certify that the schedule of

distribution is correct and in conformity with the adjudication. See below (3)(a),

(3)(b)(ii) and (6)(b) for additional statements to be included in the certification

where appropriate.

(3) Consent or Notice.

(a) Written consents to the schedule of distribution may be attached

thereto. The attorney for the accountant shall certify whether or not the

parties whose consents are attached constitute all interested parties

affected by the filing of the schedule of distribution and all other parties to

whom notice was directed by the Court.

(b) Notice of the filing of the schedule of distribution shall be given to all

interested parties affected thereby and to such other parties as the Court

may direct, except those parties whose consents are attached. The notice

shall state the date of filing, that a copy of the schedule of distribution

accompanies the notice or will be sent upon request, and that any party

who objects to the schedule of distribution must electronically file

objections within twenty (20) days of the filing of the schedule of

distribution under penalty that the Court may otherwise assume that there

is no objection and may approve the schedule of distribution as filed.

(i) Notice shall be given no later than the day of the filing of the

schedule of distribution, by a letter addressed to the last known

address of the party or to his or her attorney of record.

(ii) It shall be sufficient return of notice for the attorney for the

accountant to certify on the schedule that due notice of the filing

thereof was given as required by this Rule. A copy of the letter of

notice and a list of those to whom notice was sent shall be

submitted with the schedule.

(4) Objections.

(a) Objections may be electronically filed within twenty (20) days of the

filing of the schedule of distribution, and shall indicate the basis for the

objections and in what respect the schedule of distribution fails to conform

to the adjudication. In no event may objections raise questions which

actually were or could have been raised at the audit of the account.

(b) Objections shall be electronically filed with the Clerk. The Auditing

Judge shall re-examine the subject matter; may hold a hearing or

argument thereon, at the Auditing Judge's discretion; and may make such

disposition of the objections as the Auditing Judge deems proper in a

supplemental adjudication.

(5) Approval.

(a) Where the consents of all necessary parties are attached, the Court

may approve the schedule of distribution immediately upon filing. Where

notice was given to any party, the Court may approve the schedule of

distribution twenty (20) days after the filing thereof.

(b) In the absence of objections, the schedule of distribution shall become

absolute on the date of approval thereof.

(c) Where objections have been filed and dismissed, the schedule of

distribution shall be approved.

(d) Upon approval of the schedule of distribution, the accountant shall

have the authority to make necessary assignments and transfers of any

property awarded.

(6) Confirmation of Title to Real Property. Approval of the schedule of distribution

shall constitute confirmation of title in the distributees.

(a) Separate Awards. A schedule of distribution shall set forth separate

awards of real property in separate paragraphs.

(b) Description. Certification by Counsel. Real property shall be described

in the same detail and with the same particularity as is commonly required

to be included in deeds, and, in addition, shall include information

pertinent to the derivation of title. Counsel for the accountant shall certify

that counsel or counsel's agent has examined the last recorded deed or

the record thereof in the public office for recording deeds in the county in

which the real estate is located and that the description in the schedule of

distribution is in conformity therewith.

(c) Certification by Clerk. The Clerk shall, upon request, certify excerpts

from an approved schedule of distribution for recording in any public office

for recording deeds.

(7) Effect Upon Distribution. When the matters which are the subject of a

schedule of distribution, or the report of an auditor or master, are so separate

and distinct that an objection to any one or more, whether sustained or

dismissed, cannot affect the remainder, and the accountant will not be prejudiced

by the distribution of such remainder, confirmation of the schedule of distribution

or report shall not be suspended, except as to those matters to which objections

have been taken; distribution may proceed as to the remainder; and any party

from whom such distribution has been withheld may petition the Court to order

distribution.

Provenance

Source
courts.phila.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
c103eca51afed98a7d29554dd7f74fafd9fc3e162dce771a0036453377b32221
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