Statutes Flashcards
(35 cards)
What are the areas over which the Court of Common Pleas exercises jurisdiction through the Orphan’s Court division?
§ 711. Mandatory Exercise of Jurisdiction:
**1. Decedent Estates
2. Testamentary Trusts
3. Inter vivos trusts
4. Minor’s Estates
5. Custodianships for minor’s property
6. Guardian of person of minors
7. Adoptions
8. Custody of minors
9. Birth Records
10. Incapacitated persons’ estates
11. Absentees’ & presumed decedent’s estates
12. Fiduciaries
13. Specific performance of contracts
14. Legacies, annuities, and charges
15. Construction of administrative power
16. Disposition of title to real estate to render it freely alienable
17. Title to personal property
18. Appeals & proceedings from Register of Wills
19. Marriage licenses
20. Inheritance & estate taxes
21. Nonprofit corporations
22. Agents (Power of Attorney)
23. Digital access
Hatch / Match / Dispatch
§ 721. Venue of decedents’, minors, and incapacitated persons’ estates
- Decedent Estates: County where letters are granted to the personal representative or in absence of letters, where decedent had his last family or principal residence or if no domicile in PA, any county where are property is located
- Minors & Incapacitated Persons’ Estates: County whose court appointed guardian or if no guardian or private guardian, county whose court had jurisdiction to appoint guardian at the time of first initiated proceedings
§ 722. Venue of Trust Estates
County where at the time being is the situs
Situs is county of the court which first assumed jurisdiction
§ 726. Venue of nonprofit
County where the registered office of the corporation is located or deemed to be located for venue purpose or if no registered office w/ Commonwealth, county where any property held or controlled by nonprofit corporation is located
§ 745. Advertisement of accounts
(a) Requirement of notice; contents of notice.–The clerk of the orphans’ court division shall give notice by advertisement of the time when accounts filed with him will be presented to the division for confirmation, stating in the advertisement the names and capacities of the respective accountants.
(b) Manner of advertisement.–The notice shall be advertised at least once a week during the two weeks immediately preceding the time for presentation of the accounts to the division:
(1) in the legal publication, if any, designated by rule of court for the publication of legal notices; and
(2) in at** least one newspaper of general circulation** published within the county, and if no such newspaper is published in that county, then in one such newspaper published nearest to that county.
§ 751. Appointment: The orphans’ court division may appoint:
- Masters
- Auditors of accounts of fiduciaries
- Auditors of state accounts
- Examiners of assets
- Guardians & Trustees ad litem
- Representation of parties in interest
What is are court appointed “Masters”
investigate any issue of fact and report findings of fact, conclusions of law, and recommendations to the court
What are guardians and trustees “ad litem”
On petition or on its own motion, ad litem represents the interests, not already represented by a fiduciary of:
* person not sui juris (minor)
* absentee
* presumed decedent
* unborn or unascertained person
§ 752. Compensation
if subject to any inconsistent general rule shall be paid from such source as the court shall direct
§ 753. Subpoena Power
Masters, auditors, and examiners sha;; have the power to issue subpoenas with or without a clause of duces tecum to witnesses when necessary to perform their duties.
report neglect or refusal to orphans’ court division
§ 761. Petitions
All applications to the orphans’ court shall be by petition and shall be attested by:
* Affidavit
* Verified Statement (must include penalties under 18 Pa.C.S. § 4904
§ 762. Accounts
may decide or dispose of any questions relating to the administration or distribution of an estate or trust; Account may be:
* complete accounting
* only the transactions which raise the question to be determined
How does the orphans’ court obtain jurisdiction of the person?
§ 764. Citation
* Upon application of any party in interest
* Directs party named therein to file a complete answer under oath to the averments of the petition on or before a certain day and to show cause
not less than ten days after service
What are the proof of service requirements ?
Proof by affidavit of the person or return of the sheriff making service
shalls et forth the same information as a sheriff’s return (assumpsit)
What is the manner of service; proof
§ 768 - within or outside the Commonwealth by:
* Personal service
* Registered Mail
* Publication
* As the division shall direct by general rule or special order
may be in the form of a citation served
What are the methods of enforcement in the orphans’ court division?
§ 781 - compliance with an order or decree may be enforced by:
* Attachment of the person
* Sequestration of real or personal property
* Execution on personal property
* Attachment execution
* Execution on real estate
What is “attachment in Orphans’ Court?
Court order seizing specific property
pre-trial or enfoce final judgment
What is the procedure for attachment?
§ 782 - procedure on attachment of the person:
* Direction of writs
* Discharge of person attached for contempt
What is a writ of sequestration of real or personl property?
prejudgment process which orders the seizure or attachment of property
What is a writ of execution on personal property
After final judgment, directs sheriff to levy and collect value out of any property in which the judgment debtor has a substantial nonexempt interest
What is an attachment execution?
garnishment, or similar proceeding, in the enforcement of a judgment. Usually, levy and sale of debtor’s property are inadequate for the enforcement.
What is the procedure on execution on real estate?
§ 786 - procedure is as follows:
* Filing
* Satisfaction & Discharge
* Executions
What is the filing procedure on execution on real estate?
On demand by the fiduciary or any party in interest, the prothonotary shall:
* file and docket a certified transcript or extract from the record showing adjudged amount due by a person
* transcripts/extract shall constitute a judgment from the time of its filing
Citation for Orphan’s Court Rules
Pa.R.O.C.P. ____
