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Local Rules of the Court of Common Pleas Of Mercer County
Orphans' Court Rules
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RULE 6. ACCOUNTS AND DISTRIBUTIONS
Accounts shall conform to the following rules:
- The dates of all receipts and disbursements, the sources of the
receipts, and the persons to whom disbursements are made and the purpose
thereof shall be stated except that where a number of payments have been
received from the same source or disbursed to the same recipient for the same
purpose over a period of time, such receipts or disbursements need not be
itemized but may be stated in total amounts only with dates of beginning and
ending of the period covered.
- Except where otherwise provided by a special order of the local Court
in a particular case, items of administration, distribution, receipts,
disbursements, principal, and income shall be separately stated.
- Assets held by the accountant on the date of filing the account shall
be separately itemized.
- Testamentary assets shall be segregated from appointive assets.
- Each local Court may adopt further rules not inconsistent with the
foregoing regulating the form of accounts.
- Accounts may be prepared and filed in substantial conformity with
either (i) the rules prescribed or forms approved by the local Court or
(ii) any form approved by the Supreme Court of this
Commonwealth - whichever the accountant may elect.
- The Uniform Fiduciary Accounting Principles and accompanying
commentaries and illustrations recommended by the Committee on National
Fiduciary Accounting Standards in collaboration with the National Center for
State Courts are approved as an elaboration of the requirements of this rule.
Reference may be made to them for determination of the adequacy of a particular
account. The model Account formats attached thereto are the approved forms for
purposes of paragraph (f) (ii) of this Rule in lieu of
all forms heretofore approved.
Local Rule 6.1(e):1 Form of Accounts. Additional
Requirements.
In addition to complying with the Supreme Court Rules, each account:
- Shall itemize the assets of which the balance is composed;
- Shall be accompanied with a statement of proposed distribution, or a
request that distribution be determined by an auditor;
- Shall be accompanied by a certificate of the attorney for the
accountant that to the best of his knowledge, information, and belief, the
debits and credits and any statement of proposed distribution filed therewith
are correct and proper and that any required legal advertisement has been duly
published;
- Shall be accompanied by an affidavit or verification of at least one
accountant that the account is true and correct to the best of his knowledge,
information, and belief, and that all notices required by law or Rules of Court
have been served upon all parties in interest; and
- Shall be accompanied by a proposed decree of nisi confirmation and a
proposed decree of confirmation absolute.
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Local Rule 6.1(f):1 Approved Forms.
The Register and Clerk shall provide printed forms designed in
accordance with these Local Rules. An accountant shall use either these printed
forms together with such additional pages as shall be necessary, or a typed
account similar in form.
6.2. Form. Separate Accounts for Minors.
Unless the court upon cause shown directs otherwise, a separate account
shall be filed for the estate of each minor.
6.3. Notice to Parties in Interest
No account shall be confirmed unless the accountant has given written
notice of the filing of the account and the call thereof for audit or
confirmation to every unpaid claimant who has given written notice of his claim
to the accountant and to every other person known to the accountant to have or
claim an interest in the estate as creditor, beneficiary, heir or next of
kin.
The notice shall state the date, time and place of the audit to the
extent then known; shall also state the last day to file objections to the
account in counties where the local rules require written objections; and shall
include a copy of the statement of proposed distribution in counties where
accounts are not audited in open court.
Local Rule 6.3:1 Contents of Notice. Additional
Requirements.
In addition to complying with the Supreme Court Rules, the notice to
parties in interest shall set forth:
- the date on which the account will be presented to the Court for nisi
confirmation, and that the account will be confirmed absolutely unless
objections are filed within ten (10) days thereafter;
- whether the claim, interest or objection of the person notified is
admitted or contested, and if admitted, whether it will be paid in full or in
part; and
- the accountant's interpretation of any dispute or fairly disputable
question, known to or reasonably ascertainable by the accountant.
Local Rule 6.3:2 Advertisement of Accounts.
All accounts required by law to be filed with the Register or with the
Clerk shall be advertised by the Register or Clerk in the manner prescribed by
law and shall also state that unless objections are filed within ten (10) days
after nisi confirmation, the account will be confirmed absolutely and that
thereafter distribution may be decreed by the Court, without reference to an
auditor, in accordance with any statement of proposed distribution filed with
the account.
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6.4. Time for Filing.
The first account of a personal representative shall not be filed until
four months have elapsed from the date of the first complete advertisement of
the original grant of letters, unless the personal representative has been
directed by the court to file an account prior to that time.
6.5. Filing with the Register of Wills.
The account of a personal representative shall be filed in the office of
the Register of Wills.
6.6. Filing with the Clerk of the Orphans'
Court.
The following accounts shall be filed in the Office of the Clerk of the
Orphans' Court:
- an account of a trustee;
- an account of a guardian of a minor;
- an account of a guardian of an incompetent;
- an account of a custodian under the Uniform Gifts to Minors Act.
6.7. Filing Copy with the Department of
Revenue.
A copy of every account filed by the fiduciary of the estate of a
deceased person who was an inmate of a State-owned mental hospital or a home,
asylum or other institution, wherein said inmate was maintained in part by the
Commonwealth, shall be filed with the Department of Revenue.
6.8. Filing Copy with the United States Veterans'
Administration.
A copy of every account filed by the fiduciary of the estate of a
veteran of any war or of the estate of a minor child of such veteran, to which
veteran or minor benefits of compensation or insurance or other gratuity is
payable by the United States Veterans' Administration or its successor, shall
be filed with the United States Veterans' Administration or its successor .
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6.9. Statement of Proposed Distribution.
- A fiduciary filing an account shall file a statement of proposed
distribution, or, as local rules may prescribe, a request that distribution be
determined by the court or an auditor.
- The statement of proposed distribution shall be filed at such place
and time, shall be in such form and shall be accompanied by such papers, and
shall be advertised or such notice thereof shall be given as local rules shall
prescribe.
Local Rule 6.9(a):1 Form of Statement of
Proposed Distribution.
The statement of proposed distribution, if any, shall accompany the
account as provided in Local Rule 6.1(e):1, and shall
specify the names of the person or persons to whom the balance available for
distribution is awarded, the exact amount of share awarded to such person or
persons, and whether the proposed distribution is in cash or in kind.
Local Rule 6.9(b):1 Notice and
Advertisement.
Notice and advertisement of a statement of proposed distribution shall
be given at the same time and in the same manner as the account as provided in
Local Rules 6.3:1 and 6.3:2.
6.10. Objections to Accounts and Statements of
Proposed Distribution.
Objections to an account or statement of proposed distribution shall be
made or filed at such place and time, shall be in such form, and such notice
thereof shall be given as local rules shall prescribe.
Local Rule 6.10:1 Objections.
Objections to an account or statement of proposed distribution shall be
filed with the Clerk within ten (10) days after nisi confirmation. In the event
objections are filed prior to nisi confirmation, they shall be considered as
objections to the decree nisi.
6.11. Confirmation of Accounts. Awards.
- No account shall be confirmed or statement of proposed
distribution approved until an adjudication or a decree of distribution is
filed, in conformity with local rules, by the court or by the clerk of the
court, expressly confirming the account or approving the statement of proposed
distribution and specifying, or indicating by reference to the statement of
proposed distribution, the names of the persons to whom the balance available
for distribution is awarded and the amount or share awarded to each of such
persons.
- Except where otherwise provided by a rule adopted by the
Supreme Court or by an Act of Assembly, any distribution made by a fiduciary
shall be made at his own risk unless directed by an adjudication, decree of
distribution or order of the court.
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Local Rule 6.11(a):1 Confirmation
Absolute.
- Unless objections are filed in accordance with Local Rule 6.10:1, the confirmation of accounts and
statements of proposed distribution filed with accounts shall be made absolute
by the Clerk, without further order of Court, provided that an affidavit or
verification is filed showing that notice has been given in compliance with
Local Rule 6.3:1. The confirmation of the account and any
statement of proposed distribution filed with the account shall be placed upon
the record and the account by the Register and Clerk.
- No account, or statement of proposed distribution filed with any
account, shall be considered finally confirmed except by written confirmation
by the Clerk as hereinbefore provided or by order of Court; and such final
confirmation, if relating to a statement of proposed distribution filed with
any account, shall expressly state that it is a final confirmation of the
account and the statement of proposed distribution filed therewith.
Local Rule 6.11(a):2 Confirmation of Title to
Real Property.
- In General-- When the account and the statement of
proposed distribution filed therewith have been finally confirmed as
hereinbefore provided. such confirmation shall be in the nature of confirmation
of title to real property in the respective distributees.
- Separate Awards -- A schedule of distribution shall
set forth separate awards of real property in separate paragraphs.
- Description -- Real property shall be described in
the manner appearing in the last deed of record, or in some other proper
manner, and in addition, shall include information pertinent to the derivation
of title.
- Certification by Clerk-- The Clerk may, at the
request of any party in interest, certify excerpts from a decree of
distribution for recording in any public office for recording deeds.
Local Rule 6.11(a):3 Distribution without
Audit.
After final confirmation of the account, the Court, on motion or
petition, may decide that the matter does not call for reference to an auditor
and may decree distribution substantially in conformance with the statement of
proposed distribution filed with the account, provided such motion or petition
is accompanied by:
- an affidavit or verification of the accountant that to his knowledge,
there are no unpaid debts or taxes, and that all beneficiaries have received
notice of the statement of proposed distribution;
- an affidavit or verification by the accountant or one of the next of
kin or beneficiaries stating the names and addresses of all the beneficiaries,
and that they are a!l sui juris. or if not, the names and addresses of their
fiduciaries;
- a statement by the attorney for the accountant that he believes the
schedule of distribution is correct and in accordance with law; and
- a proposed decree of distribution.
6.12. Status Report by Personal
Representative.
- The personal representative of each resident decedent dying after
July 1, 1984, or counsel for the estate shall file a report of the status of
the administration of the estate with the Register for transmission to the
Court no later than the due date for filing the inheritance tax return for the
estate or, if no inheritance tax return is required, nine months after the date
of death. If the administration of the estate has not been concluded, similar
reports shall be filed annually thereafter until the administration is complete
Each report shall indicate whether or not the administration of the estate has
been concluded, the total value of assets that have been distributed to
beneficiaries and the total amount paid to creditors or applied for funeral and
expenses of administration and, if the administration has not yet been.
concluded, the estimated value of the assets still under administration. If the
administration of the estate has been concluded, the report shall also indicate
whether a final account of the administration of the estate has been filed with
the Court and, if not, whether an account was stated to the parties in interest
and whether they have approved the same.
- If any required report is not filed when due, the Register shall
notify counsel for the estate, if any, and shall periodically submit to the
Court, for transmission to the Court Administrator of Pennsylvania, a list of
all counsel of record in estates where the report has nol been filed and more
than sixty (60) days have elapsed since mailing of the notice of delinquency.
- No fees shall be charged for filing the reports required by this
rule.
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