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PA · rules

Philadelphia Cnty. C.P. CP-Orphans' Division Rule 5.4B

Petition to Extend the Time for a Surviving Spouse to file for an

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

Elective Share in Accordance With 20 Pa.C.S. § 2210(b).

(1) Contents of Petition. A petition by a surviving spouse shall set forth the

following:

(a) the same information which is required under paragraphs (1)(a)

through (d) under Rule 5.16E;

(b) the fact(s) relied upon to justify an extension of time in which to file an

election;

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

(d) a prayer for the extension requested.

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

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

of conveyance (if any) pertaining to the property which may be subject to

the spouse's elective rights; and

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

who do not join in the petition, and the names of those parties who do not

consent and a copy of the notice which has been given to them.

(3) Notice. Any interested party who does not join in the petition or consent to the

extension shall receive notice of the filing of the petition in accordance with Pa.

O.C. Rule 3.5.

(4) Decree. A proposed decree in approved form shall be attached to the face of

the petition.

Rule 5.5A. Appointment of Guardian ad litem or Trustee ad litem. Report

Requirements.

(1) Time of Filing of Report. The guardian ad litem and/or trustee ad litem shall

electronically file the report within 60 days after appointment by the Court unless

the time for filing is otherwise shortened or extended by (a) the Court or (b)

agreement of the parties.

(2) Contents of Report. The report of the guardian ad litem and/or trustee ad

litem shall contain the following:

(a) a statement of when, how and why the guardian ad litem and/or trustee

ad litem was appointed;

(b) the identity and interests of persons on whose behalf the guardian ad

litem and/or trustee ad litem has been appointed;

(c) a review of the account, if applicable;

(d) a statement of the legal and other issues involved and the position of

the guardian ad litem and/or trustee ad litem with respect thereto;

(e) such other information as the guardian ad litem and/or trustee ad litem

deems relevant; and

(f) ) the report may also contain a request by the guardian ad litem

and/or trustee ad litem for compensation.

Provenance

Source
courts.phila.gov
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
d28419bd7935862ccb31518a0bde5dfb54feb4058adc34d081d5ba5d56861e2b
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