PA · rules
Philadelphia Cnty. C.P. CP-Orphans' Division Under 20
Pa.C.S. § 2211(d)
(1) Contents of Petition. The petition of an electing spouse shall set forth the
following:
(a) the same information which is required under paragraphs (1)(a)
through (d) under Rule 5.16E;
(b) if an election has been filed, the date of the filing, and the date and
method of notice to the decedent's personal representative of the filing;
(c) an averment that the property whose transfer or payment the petitioner
seeks to restrain is property which may be subject to election as set forth
in 20 Pa.C.S. § 2203 and a detailed description of the property to the
extent known by the petitioner, which shall include the following:
(i) ) the nature of the property and its approximate fair market value;
(ii) the names of all persons holding title to the property at the time
of the decedent's death and at the time of presenting the petition;
(iii) identification of any fiduciary having an interest in the
property; and
(iv) nature of the decedent's interest in the property and the date
of any transfers of any interest held by the decedent in the
property;
(d) an averment that failure to restrain the transfer or payment of the
property may result in irreparable injury to the petitioner;
(e) any other information relevant to the disposition of the petition; and
(f) ) a prayer for a citation, directed to all persons whom the petitioner
alleges may transfer or make payments of the property described in
paragraph (1)(c) hereof, to show cause why they should not be restrained
from making payments or transfers of the aforesaid property.
(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 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 joined 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. O.C. Rule 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
(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.
Provenance
- Source
- courts.phila.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
d032fdb3cb8a79a9011619ece3eebdce762c16bd323622ddf87ddd2496eb3084
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