Westmoreland Cnty. C.P. Orphans' Rules RULE WO 5.17

(a) Personalty

(1) When any person domiciled in Westmoreland County, Pennsylvania dies owning property (exclusive of real estate and of wages, salary or any accrued vacation benefits or pension payable under 20 Pa.C.S. § 3101, but including personal property claimed as the family exemption) of a gross value not exceeding $50,000.00, any interested party may present a petition for the distribution of the property. The petition shall set forth:

(A) the name, date of death and domicile of the decedent, whether testate or intestate, and whether letters have been granted;

(B) if letters have been granted, to whom, the date of grant of letters, the date of the first complete advertisement of letters, if applicable, and the amount of bond, if any;

(C) the names and relationships of all beneficiaries under the will, if any;

(D) the names of the surviving spouse and next of kin if decedent died intestate as to any personalty;

(E) the names of any persons entitled to distribution who are not sui juris, with the names of their trustees or guardians and a reference to their appointment;

(F) when a family exemption is claimed out of personalty and has not previously been claimed:

(i) by whom the exemption is claimed;

(ii) the name of the surviving spouse, if any, whether the family relationship was maintained, and whether spousal rights have been forfeited;

(iii) if the spouse is not the claimant, the names of such children as were members of the same household as the decedent at his death, indicating any who are not sui juris, or if there are no such children, the names of the parent or parents of the decedent who were members of the same household as the decedent at his death;

(iv) the names of any other children, heirs or beneficiaries not previously identified and the legal representatives, if any, of all not sui juris;

(v) a description of the property claimed and the gross value thereof; and

(vi) whether there is any objection to the claim, and if so, by whom.

(G) an itemized list of the personal property owned by the decedent at date of death, and the total value thereof (the itemized list may be attached as an exhibit, with only the total listed here);

(H) an itemized statement of all disbursements made prior to filing the petition, specifying the date, amount, payee and purpose of each disbursement, and the total of all disbursements (the itemized list may be attached as an exhibit, with only the total listed here);

(I) an itemized statement of all unpaid administrative expenses, preferred and other debts, and taxes, including those due the Commonwealth of Pennsylvania, together with the total thereof (the itemized list may be attached as an exhibit, with only the total listed here);

(J) an itemized list of all claims not admitted, and the total thereof (the itemized list may be attached as an exhibit, with only the total listed here); and

(K) the names of all unpaid creditors whose claims are admitted, and of all heirs or beneficiaries not joining in or consenting to the petition.

(2) Exhibits shall be attached in the following order:

(A) the consent or joinder of all heirs, beneficiaries, creditors, sureties on any administrator’s bond, and any others interested in the decedent’s estate, who consent to the granting of the petition;

(B) a copy of the will, if any;

(C) proof of advertising of letters, if applicable;

(D) a receipt or statement from the Agent of the Commonwealth showing that the Pennsylvania Inheritance Tax has been paid in full, or consent to the granting of the petition;

(E) when an automobile is claimed as part or all of the family exemption, the certificate of a dealer or dealer’s employee showing its market value as of the date of death;

(F) itemized lists, if not included in the body of the petition; and

(G) if the decedent attained age fifty-five (55), a letter from the Department of Human Services disclosing the amount, if any, of its claim against the estate.

(3) The petition shall be accompanied by a proposed decree, which specifically sets forth the proposed distribution.

(4) Upon presentation of the petition, the court may enter a decree without notice or with such notice or citation as the court shall direct.

CROSS REFERENCES: See 20 Pa.C.S. § 3102.

(b) Personalty and realty

(1) When any person domiciled in Westmoreland County, Pennsylvania dies owning real and personal property of a gross value not exceeding $50,000, the personal representative, after the expiration of one year from the date of the first complete advertisement of the grant of letters, may present a petition to the court seeking approval of the representative’s administration of the estate, requesting distribution of the estate assets, and further requesting discharge of the representative.

(2) The petition shall set forth the information required in Pa. O.C. Rule 5.9. In addition, the petition shall include in the appropriate paragraph:

(A) the items of real property owned by decedent and their value at the date of death;

(B) whether the decedent died intestate as to any real property; and

(C) as an exhibit, an account showing the administration and any distribution theretofore made of the estate.

CROSS REFERENCES: See 20 Pa.C.S. § 3531. When a family exemption is claimed out of

real estate, a petition must be presented under 20 Pa.C.S. § 3123, unless all interested parties agree in writing to the valuation at which such real estate is to be awarded. See Pa. O.C. Rule 5.2.

Adopted February 1, 1996, effective May 1, 1996, renumbered from Rule WO406, effective March 30, 1998. Revised December 3, 2003, effective January 19, 2004. Rule WO407(a)(2)(G) and Rule WO7(a)(5) rescinded November 4, 2005; New Rule WO407(a)(2)(G) adopted November 4, 2005, effective December 25,2005. Introductory paragraph of Rule WO407 (a)(1) rescinded April 28, 2014; New introductory paragraph of Rule WO401(a)(1) adopted April 28, 2014, effective June 9. 2014. Rule WO407(b)(1) rescinded September 17, 2015; new rule WO407(b)(1) adopted September 17, 2015, effective November 9, 2015. Rule WO407 renumbered 2017, effective 2017.