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LexisNexis Practice Guide: Pennsylvania Probate and Estate Administration

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Print Book :1 volume, softbound, replaced annually
2017 Edition
ISBN: 9781522138464
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2017 Edition
ISBN: 9781522138471
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2017 Edition
ISBN: 9781522138471
In Stock
Price
$256.00
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This publication provides concise, on-point discussion of the probate and estate administration processes in Pennsylvania.

It will benefit practitioners who are less familiar with probate and estate administration and wish to understand key principles in this area. More experienced practitioners will find it handy as a quick reference as they navigate the rules and requirements of the Orphans’ Court. Forms and Checklists provide the basis for drafting documents and assuring that all steps in a process have been completed. The publication offers a high-level treatment, covering necessary procedures, without becoming bogged down by minor points and exceptions that may clutter a treatise.

The author has excellent credentials, having previously served as Chief Deputy Attorney General, Tax and Finance Section, and Chief Deputy Attorney General, Charitable Trusts and Organizations Section of the Office of Attorney General, Commonwealth of Pennsylvania and Counsel to the Pennsylvania Board of Finance & Revenue.

Authors / Contributors

Table of Contents

A COMPLETE SYNOPSIS FOR EACH CHAPTER APPEARS AT THE BEGINNING OF THE CHAPTER

CHAPTER 1 ADMINISTERING THE PROBATE ESTATE

PART I. CHAPTER OVERVIEW


§ 1.01 Scope

§ 1.02 Administering the Probate Estate Overview

PART II. ADMINISTRATION OF A DECEDENT’S ESTATE

§ 1.03 Probate

PART III. THE REGISTER OF WILLS

§ 1.04 Legal Significance of Probate

§ 1.05 Jurisdiction of the Register of Wills

§ 1.06 The Probate Process

§ 1.07 Compelling Production of the Will

§ 1.08 Wills with Atypical Features

§ 1.09 Proving the Will

§ 1.10 Limit of Time for Probate

PART IV. AUTHORITY TO ADMINISTER THE ESTATE

§ 1.11 The Grant of Letters

§ 1.12 Revocation of Probate and Letters

§ 1.13 Execution and Filing of a Bond by the Personal Representative

PART V. FORMS AND CHECKLISTS

§ 1.14 FORM: Self-proved Will, 20 Pa.C.S.A §§ 3132(1)(b)

§ 1.15 FORM: Acknowledgment and Affidavit Taken Before an Attorney at Law, 20 Pa.C.S.A §§ 3132(1)(b)

§ 1.16 FORM: Petition for Probate and Grant of Letters Testamentary (Pennsylvania Orphans’ Court Form RW-02)

§ 1.17 FORM: Estate Information Sheet (Pennsylvania Orphans’ Court Form RW-01)

§ 1.18 FORM: Renunciation (Pennsylvania Orphans’ Court Form RW-06)

CHAPTER 2 AUTHORITY TO ADMINISTER THE ESTATE–THE GRANT OF LETTERS

PART I. CHAPTER OVERVIEW


§ 2.01 Scope

§ 2.02 Grant of Letters Overview

PART II. AUTHORITY TO ADMINISTER THE ESTATE

§ 2.03 Authority to Administer the Estate Granted by “Letters”

§ 2.04 Acts Prior to Appointment

§ 2.05 The Register of Wills of the County of Domicile Grants Letters Testamentary or of Administration

§ 2.06 Qualifications to Obtain Letters Testamentary or of Administration

§ 2.07 Entitlement to Letters; Priority

§ 2.08 Disqualification from Obtaining Letters Testamentary or of Administration

PART III. PROCEDURE FOR OBTAINING LETTERS

§ 2.09 Procedure for Obtaining Letters Testamentary or of Administration

§ 2.10 Surety Bond Required

§ 2.11 Advertisement of Grant of Letters

PART IV. REVOCATION OF LETTERS; REMOVAL OR DISCHARGE OF PERSONAL REPRESENTATIVE

§ 2.12 Revocation of Letters

§ 2.13 Removal of the Personal Representative

§ 2.14 Discharge of Personal Representative and Surety

PART V. FORMS AND CHECKLIST

§ 2.15 FORM: Request for Short Certificate (Dauphin County)

§ 2.16 FORM: Informal Caveat (Dauphin County)

§ 2.17 FORM: Citation To Show Cause Why Letters Should Not Be Granted (Dauphin County)

§ 2.18 FORM: Renunciation (Pennsylvania Orphans’ Court Form RW-06)

§ 2.19 Petition for Grant of Letters—Pa.O.C.Rules, Form RW-02

CHAPTER 3 WILL CONTESTS AND OTHER CHALLENGES TO THE VALIDITY OF THE WILL

PART I. CHAPTER OVERVIEW


§ 3.01 Scope

§ 3.02 Will Contests and Other Challenges to the Validity of the Will Overview

PART II. CONSTRUCTION ISSUES

§ 3.03 Legal Requirements

PART III. WILL CONTESTS

§ 3.04 Grounds for Wills Contests

PART IV. BASIC PRINCIPLES AND PROCEDURES IN WILL CONTESTS

§ 3.05 Standing

§ 3.06 Challenges in the Office of the Register of Wills

§ 3.07 Appeal to the Orphans’ Court

PART V. FORMS AND CHECKLISTS

§ 3.08 CHECKLIST: The Shifting Burden of Proof in Will Contests

§ 3.09 CHECKLIST: Establishing a Confidential Relationship to Prove Undue Influence

CHAPTER 4 RIGHTS OF THE FAMILY AND THE ELECTIVE SHARE

PART I. CHAPTER OVERVIEW


§ 4.01 Scope

§ 4.02 Rights of the Family—Overview

PART II. FAMILY ALLOWANCE

§ 4.03 Legal Requirements

§ 4.04 Payment or Delivery of Exemption

§ 4.05 Payment from Real Estate

PART III. ELECTIVE SHARE OF THE SPOUSE

§ 4.06 Rights of the Statutory Election

§ 4.07 Property Subject to the Spousal Election

§ 4.08 Property Not Subject to the Spousal Election

§ 4.09 Disclaimers, Releases and Charges Against Elective Share

§ 4.10 Waiver and Forfeiture of the Election

§ 4.11 Making the Spousal Election

§ 4.12 Revocation of the Spousal Election

§ 4.13 The Effect of the Election

PART IV. FORMS AND CHECKLISTS

§ 4.14 CHECKLIST: Factors Used in Determining Whether a Spouse Waives the Spousal Election

§ 4.15 CHECKLIST: Factors Used in Determining Whether a Spouse Waives the Spousal Election in an Antenuptial or Postnuptial Agreement

CHAPTER 5 FORECLOSURE OF MORTGAGES AND LAND CONTRACTS; RECEIVERSHIPS

PART I. CHAPTER OVERVIEW


§ 5.01 Scope

§ 5.02 The Orphans’ Court and the Register of Wills Overview

PART II. FUNCTION AND JURISDICTION OF REGISTER OF WILLS AND ORPHANS’ COURT

§ 5.03 Real Estate Security Devices: Mortgages and Land Contracts

§ 5.04 Jurisdiction and Venue of the Register of Wills

PART III. FILING AND RECORDS

§ 5.05 Electronic Filing

§ 5.06 Records of the Register of Wills

PART IV. LEGAL PROCEEDINGS BEFORE THE REGISTER OF WILLS

§ 5.07 Legal Proceedings Before the Register of Wills

§ 5.08 Jurisdiction and Venue of the Pennsylvania Orphans’ Court

§ 5.09 Equitable Powers of the Orphans' Court

§ 5.10 Orphans’ Court Procedure: Petition, Citation, Notice

§ 5.11 Jurisdiction and Venue of the Register of Wills

CHAPTER 6 PENNSYLVANIA ORPHANS’ COURT RULES

PART I: CHAPTER OVERVIEW


§ 6.01 Scope

§ 6.02 Pennsylvania Orphans’ Court Rules Overview

PART II. THE ORPHANS’ COURT RULES

§ 6.03 Adoption of the Orphans’ Court Rules

§ 6.04 Construction

§ 6.05 Local Rules

PART III. PROCEDURAL ISSUES; ACCOUNTS

§ 6.06 Entry and Withdrawal of Counsel

§ 6.07 Contents, Filing and Auditing of Accounts

§ 6.08 Petition for Adjudication/Statement of Proposed Distribution; Virtual Representation

§ 6.09 Notice of Account Filing

§ 6.10 Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution

§ 6.11 Pleadings Allowed After Objections Are Filed

§ 6.12 Confirmation of Accounts

PART IV. PETITION PRACTICE AND PLEADING

§ 6.13 Petition Practice and Pleading

§ 6.14 Citation and Notice Practice

§ 6.15 Pleadings Practice—Generally

§ 6.16 Contents of Pleadings

§ 6.17 Responsive Pleadings

§ 6.18 Preliminary Objections

§ 6.19 Answer with New Matter

§ 6.20 Format and Service of Legal Paper by Parties and the Court

§ 6.21 Rules Governing Reports, Specific Types of Petitions and Pre-Hearing and Hearing Procedure

§ 6.22 Notice to the Attorney General of Charitable Bequest of Charitable Interest

§ 6.23 Electronic Filing

§ 6.24 Reconsideration

§ 6.25 Auditors and Masters

§ 6.26 Register of Wills

PART V. FORMS

§ 6.27 FORM: OC-01 Petition for Adjudication—Decedent’s Estate

§ 6.28 FORM: OC-02 Petition for Adjudication—Trust

§ 6.29 FORM: OC-03 Petition for Adjudication—Guardian of Estate of Incapacitated Person

§ 6.30 FORM: OC-04 Petition for Adjudication—Guardian of Estate of Minor

§ 6.31 FORM: OC-05 Petition for Adjudication—Principal’s Estate Under Power of Attorney

§ 6.32 FORM: OC-06 Notice of Charitable Gift In Accordance with Pa. O.C. Rule 5.5

§ 6.33 FORM: OC-07 Notice of Claim Filed Pursuant to 20 Pa. C.S. § 3532

§ 6.34 FORM: RW-01 Estate Information Sheet

§ 6.35 FORM: RW-02 Petition for Grant of Letters

§ 6.36 FORM: RW-03 Oath of Subscribing Witness(es)

§ 6.37 FORM: RW-04 Oath of Non-subscribing Witness(es)

§ 6.38 FORM: RW-05 Oath of Witness(es) to Will Executed by Mark

§ 6.39 FORM: RW-06 Renunciation

§ 6.40 FORM: RW-07 Pa. O.C. Rule 5.6 Notice

§ 6.41 FORM: RW-08 Certification of Notice Under Pa. O.C. Rule 5.6(a)

§ 6.42 FORM: RW-09 Estate Inventory

§ 6.43 FORM: RW-10 Pa. O.C. Rule 6.12 Status Report

§ 6.44 FORM: National Fiduciary Accounting Standards Project—1983 Report of Fiduciary Accounting Standards Committee

§ 6.45 FORM: Model Estate Account

§ 6.46 FORM: Model Trust Account

§ 6.47 FORM: Model Charitable Remainder Unitrust Account

Index