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

§ 2201 et seq.

(1) Contents of Petition. The petition by an electing spouse shall set forth the

following:

(a) the name, date of death and residence of the decedent;

(b) the name and address of the petitioner, and the petitioner's residence

on the date of the decedent's death;

(c) an averment that the petitioner is the surviving spouse of the decedent;

the date and place of the ceremonial marriage, and the name and the

official capacity of the person who performed the ceremony; or, in case of

a common-law marriage, all averments necessary to establish the validity

of such a marriage;

(d) whether the decedent died testate or intestate; if letters were granted,

where, to whom and when they were granted;

(e) the approximate value of all assets which may be subject to the

spouse's election, to the extent known by petitioner;

(f) ) the date of the filing of the election, and the date and method of

notice to the decedent's personal representative of the filing;

(g) ) a description of the party or parties against whom relief is

sought, including whether each party is a fiduciary, custodian or

obligor, and

whether each is the original beneficial recipient or a successive donee to

the property or its proceeds;

(h) a description of the relief sought, describing the specific acts to be

performed or the extent of the personal liability to be imposed;

(i) ) any other information relevant to the disposition of the petition; and

(j) ) a prayer for a citation to show cause why the relief sought should not

be granted, or if no citation is required, a prayer for the relief requested.

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

(a) a copy of the decedent's will, trust agreement, deed or other relevant

instrument of conveyance (if any) pertaining to the property with respect to

which relief is requested; and

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

have consented thereto and who have not jointed in the petition.

(3) Service of Citation and Notice.

(a) Petitions Requiring the Issuance of a Citation.

(i) ) In accordance with Pa. O.C. Rule 3.5(a), service of the

citation shall be made on all parties to whom the citation is

directed, and the original citation with proof of service endorsed

or annexed thereon shall be filed with the Clerk.

(ii) Petitioner shall give written notice to all other interested parties

who have neither joined in the petition nor consented to the

requested relief by letter and copy of citation mailed to all such

parties at least twenty (20) days prior to the return date of the

citation.

(iii) Counsel to petitioner shall electronically file with the Clerk, prior

to the return date of the citation, a certification of mailing which

shall list the names and addresses of all parties to whom notice

was so given, including a copy of the notice given.

(b) Notice in the Case of Petitions Not Requiring the Issuance of a

Citation. In accordance with Pa. O.C. Rule 3.5(b), petitioner shall give

written notice of the filing of the petition to the Court and shall attach to the

petition a certification in the form required by Pa. O.C. Rule 3.5(a),(b).

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

(a) In the case of petition requiring the issuance of a citation, a preliminary

decree in approved form awarding a citation as requested in the petition;

and

(b) A final decree in approved form providing for the relief requested. In

appropriate cases, the decree will fix the amount of security, if any, to be

entered.