Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.16A

This rule has been replaced by Phila. O.C. Rule 5.50A.

Rule 5 .16 B. Proc e dure for Dete rmi nation of Title to Dec e dent’s I nte re s t in Re a l

Estate under 20 Pa.C.S. § 3546.

(1) Contents of Petition. A petition under 20 Pa.C.S. § 3546 for the determination

of title shall set forth:

(a) the name of the petitioner and petitioner's relationship to the decedent;

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

(c) whether the decedent died testate or intestate, and where, when, and

to whom letters were granted;

(d) a description of real property located within the Commonwealth, and

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

Office of Property Assessment Account number assigned to the real

property;

(e) the names and addresses of all known creditors and interested parties

which shall include the Attorney General, if heirs to the decedent are

unknown;

(f) ) the facts material to a determination of the title; and

(g) a prayer for a Citation, directed to all interested parties and known

creditors to show cause why title to the decedent’s interest in the real

property should not be in Petitioner’s name;

(2) Exhibits. The following exhibits shall be attached to the petition:

(a) a copy of decedent’s will, deed, trust agreement, other instrument of

conveyance (if any) pertaining to the real property for which relief is

requested; and

(b) any consents to the relief requested signed by interested parties who

have not joined in the Petition or any signed statements by interested

parties who do not object to the relief requested in the Petition.

(3) Service of Citation and Notice. Service of the citation and notice on all interested

parties shall be made in accordance with Pa. R.O.C.P. 3.5(a)

(4) Decree. There shall be attached to the face of the petition:

(a) A preliminary decree in approved form awarding a citation as requested in

the petition and imposing all notice requirements enumerated in 20 Pa.C.S.

§3546(f); and

(b) A final decree in approved form providing for the relief requested or other

appropriate relief as the court determines.