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
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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