Washington Cnty. C.P. Local Orphans Court Rules (Updated August 1, 2025) 2

court file does not need an order of court if the requirements of 23 Pa. Con. Stat. Ann. §§ 2932-

2933 and Pa. R. O. C. P. 15.22 are satisfied.

Note: The Adoption Act sets forth that the court records of an adoption are to be maintained as a

permanent record and the Act governs inspection and access once an adoption is finalized. See

23 Pa. Con. Stat. Ann. §§ 2915, 2932, and 2933.

L-RULE 1.6. WASHINGTON COUNTY ORPHANS' COURT MEDIATION PROGRAM

(a) Cases filed in the Orphans' Court division may be ordered into the Orphans' Court

Mediation Program by the judge to whom the case is assigned.

(b) The mediators shall be practicing attorneys that are members of the Washington

County Bar Association, with an emphasis in their practice on Orphans' Court matters. A list of

mediators shall be maintained by the District Court Administrator, and selected by the Court in

consultation with the Washington County Bar Association.

(c) Upon appointment, the mediator shall schedule the mediation within sixty (60) days

of the order of court. The attendance of lead counsel, the parties, and a representative, including

an insurance carrier, with authority to enter into a full and complete compromise and settlement

is mandatory. If lead counsel, the parties, or a representative fail to appear absent good cause, the

mediation will not be held and sanctions shall be entered against the non-appearing individual(s)

by the Court upon request of the mediator. Sanctions may include an award of reasonable

mediator and attorney's fees and other costs.

(d) At least ten (10) days prior to the mediation, each party shall file a mediation

statement which must include the following: (1) a succinct explanation of the facts and relief

sought; (2) significant legal issues that remain unresolved; (3) summary of medical and expert

reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.

Failure to file a mediation statement may result in sanctions if requested by the mediator.

(e) Each party to a case selected for mediation shall pay a mediation fee to be made

payable to the County of Washington and submitted to the Office of the District Court

Administrator for processing. The mediation fee shall be set by administrative order, and

information regarding the fee shall be available in the Office of the District Court Administrator.

(f) If the case has not been resolved, within ten (10) days from the date of the mediation,

the mediator shall send the Court a report setting forth the mediator's assessment of the case and

the mediator's recommendation regarding settlement A copy of the report shall be provided to

and maintained by the District Court Administrator until the case is closed.

(g) If the case is resolved and a settlement agreed upon, the mediation shall send a

letter to the Judge, with copies to counsel and the District Court Administrator.

(h) The mediator shall not be subpoenaed or requested to testify or produce documents

by any party in any pending or subsequent litigation arising out of the same or similar matter.

Any party, person, or entity that attempts to compel such testimony or production shall be liable

and indemnify the mediator and other protected participants for all reasonable costs, fees and

expenses. The mediator shall have the same limited immunity as judges pursuant to the

applicable law as it relates to Common Pleas Judges. Notwithstanding the preceding subsections

the Court may in its discretion set a case for an alternative dispute resolution ("ADR") before a

private mediator. The method of selection of the private mediator shall be in the discretion of the

Court. All parties shall bear equally the costs of any Court-ordered private mediation; provided,

however, that the Court will take appropriate steps to assure that no referral to ADR results in an

unfair or unreasonable economic burden on any party.

L-RULE 2.4. MEDICAL ASSISTANCE

(a) For decedents who died after August 15, 1994, and were over 55 years of age upon

their demise, the provisions of 62 P.S. §1412(b) apply. Attached to the petition for adjudication

shall be either:

(1) the notice sent to the Department of Human Services and the Department's

response; or

(2) the Affidavit of the Fiduciary, that he has reason to know the financial

affairs of the decedent prior to decedent’s death, and the Fiduciary

affirmatively represents that decedent did not receive any medical

assistance during the five years preceding decedent’s death.

L-RULE 2.4. DISTRIBUTION OF REAL ESTATE

(a) Schedules of distribution shall include awards of real estate to the parties entitled

thereto, whether individually, or, where the circumstances require, in undivided interests.

(b) The real estate so awarded shall be described in the same detail and with the same

particularity as is commonly required to be included in deeds, must recite how title was acquired,

list the tax parcel identification number and the name and address of the individual who is to

received real estate tax notices.

(c) Approval of schedules of distribution shall be in the nature of confirmation of title in

the respective distributees and the Clerk shall certify to integral excerpts or extracts from such

schedules, so approved, for purposes of recording such devolutions of real estate in the office of

the Recorder of Deeds.

(d) Whenever partition or allotment of real estate is requested by the accountant or a

party in interest, the request shall be made at the audit and the auditing Judge shall make such

order, including a direction to submit evidence of title showing the current state of the title, if

required, provisions for owelty, if any, the preparation of a schedule of distribution, notice to the

parties and fixing the dates of further hearings, as may be necessary under the circumstances to

protect all parties in the same particularity as is commonly required to be included in deeds and

must recite how title was acquired.

(e) The following form shall be prepared by the attorney for the accountant and

submitted to the Clerk for execution on final confirmation of an adjudication awarding real

estate:

Orphans' Court Division

IN RE:

ESTATE OF

No. 63 --

In the Matter of the

Account of

ADJUDICATION AND DECREE

AND

SCHEDULE OF DISTRIBUTION

DATED

FILED,

Including the following

REAL ESTATE TO BE CERTIFIED TO THE RECORDER OF DEEDS OF WASHINGTON

COUNTY BY THE CLERK OF THE ORPHANS' COURT DIVISION

(name of deceased), decedent to (devisees/intestate heirs,) right, title, and interest of the

decedent in and to the following described real estate:

L-RULE 2.6. FOR A PARTICULAR AUDIT

Accounts to appear on a particular audit list must be filed not later than the date listed on the

Schedule published annually by the Clerk and posted in the office of the Clerk. The Schedule

shall list the audit date as provided in the annual Administrative Regulation and the last date to

file an Account for inclusion on each particular audit date.

L-RULE 3.2. FILING, INDEXING, AND DOCKETS

(a) Each proceeding of the Orphans' Court Division shall be assigned a filing number by

the Clerk, which number shall consist of three groups of numbers separated by hyphens, the first

group to be "63", the second to be the last two digits of the year of filing, and the third, the

number of the proceeding, in numerical order, in the year in which filed. All papers subsequently

filed relating to that matter shall bear the same number.

(b) All papers filed with the Register of Wills or Clerk of the Orphans’ Court, including

Inheritance Tax Returns, shall be indexed in the Electronic Retrieval System

(c) Papers filed with the Register of Wills or Clerk of the Orphans’ Court, shall not be

removed except by Order of Court, and petitions and Court Orders returned to attorneys for filing

with the Clerk of the Orphans’ Court shall first be docketed by a Court officer and then filed

promptly by such attorneys.

L-RULE 3.9. PRELIMINARY OBJECTIONS

When preliminary objections are filed to any pleading or proceeding in the Office of the Clerk

after notice to opposing counsel, a copy shall be presented to the Court at its Motions Session

along with an original Order for scheduling argument and briefs.

L-RULE 4.7. ELECTRONIC FILING

For the purposes of this rule, the following words shall have the following meaning:

“case management system” means an electronic document repository maintained, administered,

and managed by the Court to track information and manage cases.

“electronic filing,” the electronic transmission of legal papers by means other than facsimile

transmission;

“filing party,” a party or counsel of record who files a legal paper by means of electronic filing;

and

“legal paper,” a pleading or other paper filed in an action, including exhibits and attachments.

(a) Electronic Filing. Beginning June 20, 2024, a filing party may electronically file legal

papers with the Register of Wills/Clerk of the Orphans’ Court (“clerk”) following the procedures

set forth in this Rule and consistent with the procedures set forth in Pa.R.O.C.P. Rule 4.7.

(1) Notwithstanding the preceding paragraph, the following legal papers may not

be filed electronically:

(i) Grant of letters;

(ii) Inheritance tax return; and

(iii) An original will or codicil.

Note: Filings made pursuant to Pa.R.O.C.P. 14.8 and Pa.R.J.A. 510 must be done in the

Guardianship Tracking System, and not via C-Track.

(2) The applicable general rules of court and court policies that implement the

rules shall continue to apply to all filings regardless of the method of filing.

(b) Electronic Filing of Legal Paper.

(1) Electronically filed legal papers shall be submitted in a portable document

format (“PDF”).

(2) If a legal paper contains a proposed order of court, the filing party shall

separately file only the proposed order in a Microsoft Word format.