reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 712 - Nonmandatory exercise of jurisdiction through orphans' court division

§ 712. Nonmandatory exercise of jurisdiction through orphans' court division.
The jurisdiction of the court of common pleas over the following may be exercised through either its orphans' court division or other appropriate division:
(1) Title to real estate.--
The determination of the persons to whom the title to real estate of a decedent or of the creator of an estate or trust has passed by devise or descent or by the terms of the trust instrument where jurisdiction of such estate or trust is exercised through the orphans' court division: Provided, That nothing herein shall be construed to restrict the provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general) relating to distribution of real estate in an estate or trust. If section 3546 (relating to determination of title to decedent's interest in real estate) applies, the procedures under that section shall govern. For other actions to quiet title to real estate, this section shall govern.
(2) Guardian of person.--
The appointment, control and removal of the guardian of the person of any incapacitated person.
(3) Other matters.--
The disposition of any case where there are substantial questions concerning matters enumerated in section 711 and also matters not enumerated in that section.
(4) Powers of attorney.--
(Deleted by amendment).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 amended par. (1).
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 712 is referred to in section 711 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 713 - Special provisions for Philadelphia County

§ 713. Special provisions for Philadelphia County.
The provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general), insofar as they relate to adoptions and birth records, shall not apply to Philadelphia County. In Philadelphia County the jurisdiction over adoptions and all proceedings which may be necessary to be presented to a court for determination with regard to issues concerning recordation of birth and birth records or the alteration, amendment or modification of such birth records or the right to obtain a certified copy of the same, shall be exercised through the family court division of the court of common pleas. Whenever a resident of Philadelphia is entitled to take an appeal from the action of the Department of Health in connection with any matters concerning birth records, the appeal shall be taken to the family court division of the court of common pleas of Philadelphia. In all other matters in which a petition is addressed to a court by a resident of Philadelphia in connection with matters of birth records, the filing of which petition is not in the nature of an appeal but is an original proceeding, the petition shall be determined by the family court division of the court of common pleas of Philadelphia.
Cross References.
Section 713 is referred to in section 711 of this title; section 933 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 714 - Conflict of laws

§ 714. Conflict of laws.
Nothing in this chapter shall be construed to interfere with the rules of law applicable to the determination of the question whether Pennsylvania courts have jurisdiction of the subject matters enumerated in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 715 - Incidental powers (Repealed)

§ 715. Incidental powers (Repealed).
1978 Repeal.
Section 715 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 721 - Venue of decedents', minors' and incapacitated persons' estates

§ 721. Venue of decedents', minors' and incapacitated persons' estates.
When a Pennsylvania court has jurisdiction of a decedent's, a minor's, or an incapacitated person's estate, except as otherwise provided by law, the venue for all purposes shall be as follows:
(1) Decedents' estates.--
In the case of a decedent's estate, in the county where the letters are granted to the personal representative, and in the absence of such letters, then where the decedent had his last family or principal residence, and if the decedent had no domicile in the Commonwealth, then in any county where any of his property is located.
(2) Minors' and incapacitated persons' estates.--
In the case of a guardian of a minor or incapacitated person appointed by the court, in the county whose court appointed the guardian. In the case of a guardian of a minor or incapacitated person not appointed by the court, or when there is a minor's or incapacitated person's estate but no guardian, in the county whose court at the time proceedings are first initiated would have jurisdiction to appoint a guardian of the estate.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 722 - Venue of trust estates

§ 722. Venue of trust estates.
When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes shall be in the county where at the time being is the situs of the trust. The situs of the trust shall remain in the county of the court which first assumed jurisdiction of the trust, unless and until such court shall order a change of situs under the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 723 - Situs of testamentary trust (Deleted by amendment)

§ 723. Situs of testamentary trust (Deleted by amendment).
2006 Amendment.
Section 723 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 724 - Situs of inter vivos trust (Deleted by amendment)

§ 724. Situs of inter vivos trust (Deleted by amendment).
2006 Amendment.
Section 724 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 725 - Change of situs; order of court (Deleted by amendment)

§ 725. Change of situs; order of court (Deleted by amendment).
2006 Amendment.
Section 725 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 726 - Venue of nonprofit corporations

§ 726. Venue of nonprofit corporations.
Except as otherwise prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign nonprofit corporation, the venue shall be in the county where the registered office of the corporation is located or deemed to be located for venue purposes or, in the absence of a registered office within this Commonwealth, in a county where any property held or controlled by the nonprofit corporation is located.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Dec. 19, 1990, P.L.834, No.198, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 727 - Venue of cemetery companies

§ 727. Venue of cemetery companies.
Except as otherwise provided in Title 9 (relating to burial grounds) or prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign cemetery company in matters relating to burial grounds or to property held for the burial of the dead or for the care or adornment of burial grounds, the venue shall be in the county where the burial ground, or any part thereof is located or, in the absence of any involved burial grounds within this Commonwealth, in a county where any property held or controlled by the cemetery company is located.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Dec. 19, 1990, P.L.834, No.198, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 731 - § 732 - (Repealed)

1978 Repeal.
Subchapter D (§§ 731 - 732) was repealed April 28, 1978, P.L.202, No.53, effective in two years as to section 731 and 60 days as to section 732.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 741 - Duties of the clerk (Repealed)

1978 Repeal.
Subchapter E (except section 745(a) and (b)) was repealed April 28, 1978, P.L.202, No.53, effective in 60 days unless otherwise noted.
§ 741. Duties of the clerk (Repealed).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 743 - Bill of costs (Repealed)

§ 743. Bill of costs (Repealed).
1978 Repeal.
The repeal of section 743 is effective one year from April 28, 1978.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 745 - Advertisement of accounts

§ 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.
(Apr. 28, 1978, P.L.202, No.53, eff. 1 year; Oct. 12, 1984, P.L.929, No.182, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 amended subsec. (b). See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 746 - Money paid into court (Repealed)

§ 746. Money paid into court (Repealed).
1978 Repeal.
The repeal of section 746 is effective two years from April 28, 1978.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 751 - Appointment; purpose

§ 751. Appointment; purpose.
The orphans' court division may appoint:
(1) Masters.--
A master to investigate any issue of fact and to report his findings of fact, conclusions of law and recommendations to the court.
(2) Auditors of accounts of fiduciaries.--
Except in the circumstances prohibited by law, an auditor to examine and audit an account and to determine distribution.
(3) Auditors to state accounts.--
An auditor to state an account when a proper account cannot be obtained from a fiduciary or other person required to state an account.
(4) Examiners of assets.--
By general rule or special order, an examiner or examiners to make periodic or special examinations of assets of estates or trusts, and to require all persons in whose custody or control such assets may be held to present them for examination.
(5) Guardians and trustees ad litem.--
On petition or on its own motion, a guardian or a trustee ad litem to represent the interest, not already represented by a fiduciary, of:
(i) a person not sui juris; or
(ii) an absentee; or
(iii) a presumed decedent; or
(iv) an unborn or unascertained person.
(6) Representation of parties in interest.--
Persons interested in an estate as beneficiary or heir, if minors or otherwise legally incapacitated, and possible unborn or unascertained persons, may be represented in a judicial proceeding by a guardian or trustee ad litem if the court deems necessary. The court may dispense with the appointment of a guardian or trustee ad litem for a person who is a minor or otherwise legally incapacitated, unborn or unascertained if there is a living person sui juris having a similar interest or if such person is or would be issue of a living ancestor sui juris and interested in the estate whose interest is not adverse to his. If the whereabouts of any beneficiary or heir is unknown or if there is doubt as to his existence, the court shall provide for service of notice and representation in the judicial proceeding as it deems proper.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 7, 2006, P.L.625, No.98, eff. 120 days)
2006 Amendment.
Act 98 amended par. (6).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 752 - Compensation

§ 752. Compensation.
The compensation of any master, auditor, examiner, guardian ad litem, or trustee ad litem, subject to any inconsistent general rule shall be paid from such source as the court shall direct.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 753 - Subpoenas

§ 753. Subpoenas.
Masters, auditors and examiners shall have the power to issue subpoenas with or without a clause of duces tecum to witnesses to appear before them when necessary for the performance of any of their duties. If any person who has been duly subpoenaed fails to obey the subpoena, the master, auditor, or examiner issuing the subpoena may report the neglect or refusal to the orphans' court division.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 754 - Power to administer oaths (Repealed)

§ 754. Power to administer oaths (Repealed).
1978 Repeal.
Section 754 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 761 - Petitions

§ 761. Petitions.
All applications to the orphans' court division shall be by petition in the form prescribed by general rules and shall be attested either by an affidavit or by a verified statement. In the case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 762 - Accounts

§ 762. Accounts.
The orphans' court division may decide or dispose of any question relating to the administration or distribution of an estate or trust and exercise any of its powers in respect thereof upon the filing of an account or in any other appropriate proceeding. The account may be a complete accounting of the estate or trust or of only the transactions which raise the question to be determined.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 763 - Writs of habeas corpus (Repealed)

§ 763. Writs of habeas corpus (Repealed).
1978 Repeal.
Section 763 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 764 - Citation

§ 764. Citation.
Jurisdiction of the person shall be obtained by citation to be awarded by the orphans' court division upon application of any party in interest. The citation shall direct the party named therein to file a complete answer under oath to the averments of the petition on or before a day certain, which shall be not less than ten days after the service thereof, and to show cause as the decree of the division shall provide.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 765 - Service of citation

§ 765. Service of citation.
A citation to obtain jurisdiction of a person may be served by an adult person, or by the sheriff of the county wherein the citation issued, or by deputization of the sheriff of the county where the service may be had in any county of the Commonwealth, in the same manner as a writ of summons in an action of assumpsit. When no other time is specially fixed by the orphans' court division, the order awarding the citation shall be void unless the citation is issued within six months.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 766 - Proof of service

§ 766. Proof of service.
Proof of service shall be by affidavit of the person or the return of the sheriff making service, and shall set forth the same information as a sheriff's return in an action of assumpsit.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 767 - Parties in interest

§ 767. Parties in interest.
In any proceeding where the orphans' court division considers that the interests of any taxing authority, including the United States, any state and any political subdivision thereof, may be adversely affected directly or indirectly by a decision of such division because of the effect of such decision on assets subject to tax or for any other reason, the division shall have the power on its own motion or on the application of any party in interest, including the taxing authority, and upon such notice as it may direct, to authorize the taxing authority through its proper officer to appear as a party in interest, and if such an appearance is entered, the taxing authority shall be considered to be a party in interest aggrieved by any decision adversely affecting its interests.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 768 - Manner of service; proof

§ 768. Manner of service; proof.
Notice of any proceeding in an orphans' court division may be given within or outside the Commonwealth by personal service, by registered mail, by publication, or otherwise, as the division shall direct by general rule or special order. Notice may be in the form of a citation served as provided in this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 769 - Power of orphans' court division (Repealed)

§ 769. Power of orphans' court division (Repealed).
1978 Repeal.
Section 769 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 771 - Decree without prior hearing; attachment; sequestration (Repealed)

§ 771. Decree without prior hearing; attachment; sequestration (Repealed).
1978 Repeal.
Section 771 was repealed April 28, 1978, P.L.202, No.53, effective in two years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 772 - Injunctions (Repealed)

§ 772. Injunctions (Repealed).
1978 Repeal.
Section 772 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 773 - Subpoenas (Repealed)

§ 773. Subpoenas (Repealed).
1980 Repeal.
Section 773 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 774 - Depositions and discovery

§ 774. Depositions and discovery.
The orphans' court division, by general rule or special order, may prescribe the practice relating to depositions, discovery, and the production of documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the division of the court having jurisdiction over actions at law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 775 - Perpetuation of testimony and court records

§ 775. Perpetuation of testimony and court records.
The orphans' court division, by general rule or special order, may prescribe the practice relating to the perpetuation of testimony and to the perpetuation of lost or destroyed court records. When proved, such court records shall have the same legal effect as original records would have had. Notice of proceedings for the perpetuation of testimony and for the perpetuation of lost or destroyed court records shall be given in such manner as the division shall direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 776 - Testimony in proceedings removed from register

§ 776. Testimony in proceedings removed from register.
On appeal from the register, or in a proceeding removed from the register, the orphans' court division may find, upon the testimony taken before the register, that a substantial dispute of fact exists and grant a jury trial. When upon the testimony taken before the register a jury trial is not granted, the division shall hear the testimony de novo unless all parties appearing in the proceeding agree that the case be heard on the testimony taken before the register. In any event, the division may require witnesses already examined and other witnesses to appear before it. The division, in its discretion, may impanel a jury at any stage of the proceedings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 777 - Right to jury trial; discretion of orphans' court division

§ 777. Right to jury trial; discretion of orphans' court division.
(a) Title to property.--
When a substantial dispute of fact shall arise concerning the decedent's title to property, real or personal, any party in interest shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.
(b) Determination of incapacity.--
Any person against whom proceedings have been instituted to establish his incapacity shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.
(c) Will contest and other matters.--
When a contest shall arise concerning the validity of a writing alleged to be testamentary, or concerning any matter other than as provided in subsections (a) and (b) of this section, the orphans' court division, in its discretion at any stage of the proceedings, may impanel a jury to decide any question of fact, but the verdict of the jury shall be advisory only.
(d) Waiver of right.--
A person desiring a trial by jury shall make demand therefor in writing at least ten days prior to the initial hearing before the orphans' court division or; if the initial hearing is dispensed with as provided in section 778(b) (relating to combined hearings and trials) then at least ten days prior to the trial. The right to trial by jury is waived if such demand is not so made or, after having been made, the person claiming the right fails to appear.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 amended subsec. (b). See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 778 - Procedure for jury trials

§ 778. Procedure for jury trials.
(a) Jury.--
Jury trials in any case begun before or certified or appealed to an orphans' court division shall be tried in the division. The division shall draw a jury and preside at the trial of the issue and shall have all the powers of a judge in trials by jury in cases at law. The panel of jurors drawn for service in other divisions of the court shall be available for such service in the orphans' court division when required, and in judicial districts where there is a separate orphans' court division, the court of common pleas shall, by appropriate rules, provide for and regulate the manner in which the jurors shall be made available and sent to the orphans' court division when required for the trial of issues therein.
(b) Combined hearings and trials.--
In any case begun before or certified or appealed to the orphans' court division, the court may, on its own motion or on motion of a party and with reasonable notice to all parties:
(1) combine the hearing to determine whether a substantial dispute of fact exists with the trial to determine the dispute, and impanel a jury before determining whether or not a substantial dispute of fact exists; and
(2) combine the hearing and trial on all wills, the issues in regard to which are closely interrelated.
The court may withdraw the case from the jury, if the court determines that no substantial dispute of fact exists.
(c) Rules of court.--
Unless and until an orphans' court division otherwise directs, the appropriate rules of the division of the court having jurisdiction over actions at law shall apply to jury trials of issues in the orphans' court division, and matters relating to such trials shall be heard and disposed of by the orphans' court division.
Cross References.
Section 778 is referred to in section 777 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 779 - Nonsuits

§ 779. Nonsuits.
(a) In general.--
The orphans' court division may enter a nonsuit under the same circumstances, subject to review in the same manner and with the same effect as in an action at law.
(b) Will contest.--
A nonsuit may be entered against a contestant in a will contest whenever the contestant has the burden of overcoming the presumption of validity arising from due proof of execution as required by law and the contestant has failed to satisfy that burden.
(c) Other cases.--
In any other case a nonsuit may be entered against a party where the disposition of the case depends on an issue on which that party has the burden of proof and has failed to satisfy that burden.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment.
Act 293 added section 779.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 781 - Methods of enforcement

§ 781. Methods of enforcement.
Compliance with an order or decree of an orphans' court division may be enforced by attachment of the person; sequestration of real or personal property; execution on personal property; attachment execution; or execution on real estate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 782 - Procedure on attachment of the person

§ 782. Procedure on attachment of the person.
(a) Direction of writs.--
A writ of attachment of the person shall be directed to and executed by the sheriff of the county in which the court or branch of the court is located or of any county where the person to be attached is located.
(b) Discharge of person attached for contempt.--
Any person attached for contempt may be discharged from custody by the orphans' court division upon purging himself of contempt to the satisfaction of the division by whose order he was attached.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 783 - Procedure on sequestration of real or personal property

§ 783. Procedure on sequestration of real or personal property.
A writ of sequestration of real or personal property of an estate or trust, or of the respondent, to enforce an order or decree of the orphans' court division in the administration of the estate or trust shall be allowed by the orphans' court division as fully as in any court of equity, and shall be directed to and executed by the sheriff of the county in which the court or branch of the court is located or of any county where property to be sequestered is located. The orphans' court division, by general rule or special order, may prescribe the practice relating to sequestration of real and personal property. To the extent not provided for by general rule or special order, the practice relating to sequestration shall conform to the practice in the division of the court having jurisdiction over actions at law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 784 - Procedure on execution on personal property

§ 784. Procedure on execution on personal property.
Writs of execution on personal property shall be allowed by the orphans' court division and directed to and executed by the sheriff of the proper county. The proceedings thereon shall be the same as on execution on personal property issued out of the division of the court having jurisdiction over actions at law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 785 - Procedure on attachment execution

§ 785. Procedure on attachment execution.
Writs of attachment execution shall be allowed by the orphans' court division and directed to and executed by the sheriff of the proper county. The proceedings thereon shall be the same as attachment executions issued out of the division of the court having jurisdiction over actions at law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 786 - Procedure on execution on real estate

§ 786. Procedure on execution on real estate.
(a) Filing.--
The prothonotary of any court of common pleas shall, on demand of the fiduciary or of any party in interest, file and docket a certified transcript or extract from the record showing that an orphans' court division has adjudged an amount to be due by any person, and such transcripts or extract shall constitute a judgment of the court against such person from the time of its filing with the same effect as if it had been obtained in an action in the division of the court having jurisdiction over actions at law. If the amount adjudged to be due shall be increased or decreased on appeal, the prothonotary shall, if the decree of the appellate court is certified to him, change his records accordingly, and if the appellate court has increased the amount, the excess shall constitute a judgment from the time when the records are so changed.
(b) Satisfaction and discharge.--
If the orphans' court division shall order such person to be relieved from any such judgment, the prothonotary shall, on demand of any party in interest, enter on his records a certified copy of such order, which shall operate as a satisfaction of the judgment.
(c) Executions.--
Execution may be issued on the judgment out of the court against the real estate of such respondent by any interested party for the recovery of so much as may be due to him, in the same manner as upon any other judgment rendered by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 791 - Allowance and allocation (Repealed)

§ 791. Allowance and allocation (Repealed).
1978 Repeal.
Section 791 was repealed April 28, 1978, P.L.202, No.53, effective in one year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 792 - Right of appeal (Repealed)

§ 792. Right of appeal (Repealed).
1978 Repeal.
Section 792 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 793 - Effect of appeal

§ 793. Effect of appeal.
No appeal from an order or decree of an orphans' court division concerning the validity of a will or the right to administer shall suspend the powers or prejudice the acts of a personal representative acting thereunder. The reversal or modification of any decree of an orphans' court division in a proceeding in which the division has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal estate shall not divest any estate or interest acquired thereunder by a person not a party to the appeal.
Saved from Repeal.
Section 793 is saved from repeal by the act of April 28, 1978, P.L.202, No.53, which put into effect the provisions of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 7 - Orphans' Court Divisions › Section 794 - Disposition of cases on appeal (Repealed)

§ 794. Disposition of cases on appeal (Repealed).
1978 Repeal.
Section 794 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 901 - Register's jurisdiction

§ 901. Register's jurisdiction.
Within the county for which he has been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of letters to a personal representative, and any other matter as provided by law.
Cross References.
Section 901 is referred to in section 3908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 902 - Deputy register

§ 902. Deputy register.
Every register shall appoint a deputy or two deputies who shall have power to perform the duties of the office in his behalf and for whose conduct he and his surety shall be accountable. In case of a vacancy in the office of register, the first deputy shall exercise all the powers of the register until a successor is appointed or elected.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 903 - Witnesses; testimony

§ 903. Witnesses; testimony.
The register shall have power to:
(1) Subpoenas.--
Issue a subpoena to any person in any county of the Commonwealth to appear or produce papers or records before him.
(2) Administering oaths.--
Administer oaths and affirmations to parties and witnesses appearing before him and to designate any clerk or clerks in his employ to administer such oaths and affirmations to parties and witnesses appearing before them, whether within or without the county of the register's jurisdiction, or without the Commonwealth.
(3) Depositions.--
Issue commissions or rules to take the depositions of witnesses in another county or outside the Commonwealth. The practice relating thereto shall conform to the practice in the local orphans' court division.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 904 - Witness fees

§ 904. Witness fees.
Witnesses appearing before the register in obedience to the register's subpoena shall be entitled to the same fees and mileage as are allowed by law to witnesses in the orphans' court division.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 905 - Enforcement of subpoenas, orders and costs

§ 905. Enforcement of subpoenas, orders and costs.
Should any person refuse to comply with any subpoena or order of the register or to pay all costs, the register shall forthwith certify the record of the proceedings to the court. The court, upon petition of any party in interest, shall compel payment of the costs and shall enforce obedience to the subpoena or order in the same manner as in cases of subpoenas and orders issued or made by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 906 - Caveat

§ 906. Caveat.
(a) Bond.--
When a caveat has been filed, the register shall not delay the probate of a will or the grant of letters for more than ten days after the filing of the petition for probate or for the grant of letters, or after the filing of the caveat, whichever shall be later, unless within such ten-day period a party in interest shall file with the register his bond in the name of the Commonwealth with sufficient surety in such amount, not less than $500 or more than $5,000, as the register considers necessary, conditioned for the payment of any costs which may be decreed against the caveator.
(b) Failure to give bond.--
If no bond is filed within the ten-day period, the caveat shall be considered abandoned, except as the register, for cause shown, shall extend the time.
(c) Costs.--
The register, or the court upon appeal, shall determine the amount of costs occasioned by a caveat and direct by whom they shall be paid. If all or part of the costs shall be finally decreed to be paid by the caveator, any party interested in the costs may bring suit on the caveator's bond as provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 907 - Certification of records to court

§ 907. Certification of records to court.
Whenever a caveat shall be filed or a dispute shall arise before the register concerning the probate of a will, the grant of letters or the performance of any other function by the register, he may certify, or the court upon petition of any party in interest may direct the register at any stage of the proceedings to certify, the entire record to the court, which shall proceed to a determination of the issue in dispute. No letters of administration pendente lite shall be granted by the register after proceedings have been removed to the court except by leave of court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 908 - Appeals

§ 908. Appeals.
(a) When allowed.--
Any party in interest seeking to challenge the probate of a will or who is otherwise aggrieved by a decree of the register, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the court within one year of the decree: Provided, That the executor designated in an instrument shall not by virtue of such designation be deemed a party in interest who may appeal from a decree refusing probate of it. The court, upon petition of a party in interest, may limit the time for appeal to three months.
(b) Bond.--
The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond to be filed by anyone appealing from a decree of the register conditioned for the payment of any costs or charges that may be decreed against him. The sufficiency of the surety shall be determined by the register in the first instance, with right of appeal to the court. If a bond in compliance with the final applicable order is not filed within ten days thereafter, the appeal shall be considered abandoned.
(c) Effect of appeal.--
No appeal from a decree of the register shall suspend the powers or prejudice the acts of a personal representative to whom letters have been granted.
(d) Excepted appeals.--
This section shall not apply to appeals for inheritance tax purposes, or to appeals specially regulated by law.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; July 7, 2006, P.L.625, No.98, eff. 60 days)
2006 Amendment.
Act 98 amended subsec. (a).
1976 Amendment.
Act 135 amended subsecs. (a) and (b).
1974 Amendment.
Act 293 amended subsec. (d), retroactive to July 1, 1972.
Cross References.
Section 908 is referred to in section 3133 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 909 - Bill of costs (Repealed)

§ 909. Bill of costs (Repealed).
1978 Repeal.
Section 909 was repealed April 28, 1978, P.L.202, No.53, effective in one year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 910 - Transmission of accounts to the court

§ 910. Transmission of accounts to the court.
All accounts filed with the register shall be transmitted to the court for audit and confirmation on dates fixed by the court by general rule or special order and shall be advertised as required by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 911 - Attestation of certain applications and documents

§ 911. Attestation of certain applications and documents.
Except as provided otherwise in section 3154 (relating to affidavit and oath), applications and documents submitted to the register for which attestation is required may be attested either by an affidavit or by a verified statement. In case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.)
1992 Amendment.
Act 152 added section 911.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 921 - Wills

§ 921. Wills.
All probated wills shall be indexed and recorded by the register, and shall remain in his office, except for the period required to be in the custody of a higher court. The recording may be accomplished by photographic or other mechanical process.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 922 - Inventories

§ 922. Inventories.
The register shall index and record all inventories filed with him. The recording may be accomplished by photographic or other mechanical process.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 923 - Certified copies

§ 923. Certified copies.
Every register upon the request of any person paying the fee therefor, shall make and certify under the seal of his office true copies of his records or of papers filed with him or of proceedings before him. Such certified copies shall be as good evidence as the original in any judicial proceeding in the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 924 - Recording proceedings in another county

§ 924. Recording proceedings in another county.
Copies of wills and probate proceedings and records of the grant of letters of administration and proceedings relating thereto, duly certified by the register, may be filed in the office of the register in any county where real estate of the decedent is located. The register with whom such papers are filed shall forthwith record the same, and the record thereof shall be as valid and effectual in law as the original, or its duly certified copy, or its record would be for all purposes of vesting title, of evidence, and of notice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 9 - Register of Wills › Section 925 - Certificates and affidavits of death

§ 925. Certificates and affidavits of death.
Where it is not necessary to have letters granted to administer a decedent's estate but it is desired to have a public record of his death, a certificate of death may be filed with the register except that where a certificate of death cannot be obtained the affidavit of a relative or other interested party may be filed with the register setting forth the decedent's name, residence, date, time and place of death, and age at death. The register shall index and record all such certificates and affidavits filed with him.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment.
Act 293 added section 925.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Extra - Chapter Notes

Enactment.
Chapter 21 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Cross References.
Chapter 21 is referred to in sections 305, 6306 of this title; section 6115 of Title
            18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2101 - Intestate estate

§ 2101. Intestate estate.
(a) General rule.--
All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will.
(b) Modification by decedent's will.--
A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)