10.1. Procedure and Forms.

The practice, procedure and forms used before a Register of Wills shall be in substantial conformity with the practice, procedure and forms approved by the Supreme Court of this Commonwealth or, in the absence thereof, the practice, procedure and forms approved by the local Orphans' Court Division.

10.2. Appeals from the Register of Wills.

Appeals from judicial acts or proceedings of the Register of Wills and the practice and procedure with respect thereto shall be as prescribed by local rules.

Local Rule 10.2:1 Notice of Appeal.

Any person desiring to appeal from a judicial act or decision of the Register shall file a written notice thereof with the Register, specifying generally the act or decision complained of, accompanied by an affidavit or verification that said appeal is not taken for delay but because appellant believes that he has suffered injustice by the act or decision from which he appeals .

Local Rule 10.2:2 Petition for Appeal.

Within thirty (30) days from the filing of the notice of appeal, the appellant shall present a petition to the Court which shall set forth:

1. the nature of the proceedings before the Register;
2. a copy of any will in controversy;
3. a statement of the facts and circumstances upon which he relies;
4. a precise statement of the questions of law or of fact involved;
5. the filing and approval by the Register of the security required by law; and
6. the names and addresses of all parties in interest.

Local Rule 10.2:3 Certification and Citation.

1. If the averments of the petition for appeal appear to be prima facie sufficient, the Court shall award a citation and, if it has not been done by the Register on his own motion, order certification of the entire record of the Register to the Court. The citation shaill be directed to all parties in interest and shall require them to file a complete answer under oath or verification to the averments of the petition, on or before a day certain which shall not be less than ten (10) days after the service thereof, and to show cause as the decree of the Court shall provide.
2. Proof of service of the citation shall be filed with the Register on or before the return date of the citation.
3. The Court may issue a citation and direct that the Register certify to the Court the record, without regard to whether or not testimony has been taken before the Register.

Local Rule 10.2:4 Argument List and Hearing.

After the return date of the citation, any party may place the matter on the Argument List for the purpose of fixing a time for taking any testimony required to support the issue or for the argument of any legal issue raised by the pleadings. After the testimony has been transcribed and filed, any party may place the matter on the Argument List for purpose of argument.

Local Rule 10.2:5 Grant of Jury Trial.

1. Determination by Judge -- The Hearing Judge will determine preliminarily whether a jury trial shall be granted upon any issue of fact arising upon the certification or appeal. The Hearing Judge may grant a jury trial based on the testimony taken before the Register; or, if the parties agree that the case be heard on the testimony taken before the Register, the Hearing Judge may grant or refuse to grant a jury trial, depending, in each instance, on whether or not he finds that a substantial issue of fact exists.
2. Decree -- If a jury trial is granted, the decree shall specify the issues to be tried,-which may be in form agreed upon by the parties, or as the Hearing Judge shall determine.

This HTML has been accessed times since it was first created.