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Rule 12.1A Family Exemption; Voluntary Distribution.

When the personal representative at his own risk delivers assets of the estate in satisfaction of the exemption, he shall set forth the same as a credit in the account. The same may be the subject of objection by any claimant or party in interest.

Rule 12.1B Family Exemption; Small Estates.

In an appropriate case, the family exemption may be set aside to the party or parties entitled by petition under Section 3102 of the Probate, Estates and Fiduciaries Code for the settlement of a small estate, pursuant to the procedural requirements of Bucks Rule 6.11H, without more. 

Rule 12.1C Family Exemption; Allowance.

A petition claiming the family exemption may be filed with the clerk at any appropriate time prior to audit of the account of the personal representative in order that the same may be made a matter of record, and a copy thereof shall be forthwith served upon the personal representative. Upon the filing of such petition and service of a copy thereof upon him, the personal representative shall not sell or otherwise dispose of the property claimed therein without the written consent of the party claiming the exemption, except by leave of Court for cause shown and after such notice as the Court may direct. Except in unusual cases and on special allowance by the Court upon cause shown, judicial action on such petition for the family exemption will be deferred until and included within the matters considered at the audit. If the petition does request and the Court shall specially allow proceedings for the exemption prior to audit, the practice and procedure thereon as to appraisal, advertising and notice shall be as prescribed by special order in each case.

Rule 12.2A Spouse's Allowance Under Prior Law.

The procedure as to appraisement, advertising and notice upon petitions for the allowance to the surviving spouse of an intestate, shall be prescribed by special order in each case.

Rule 12.3A Extension of Time for Filing Election.

1. A petition for the extension of the time in which the surviving spouse may file an election to take against the will shall be presented to the Court within the required statutory period after the probate of the will and shall set forth, in addition to all the matters required by Pa.O.C. Rule 12.3 the following additional matters:

a. the facts relied upon to justify the extension of time requested and the period of extension desired;

b. the names of the parties in interest who have consented to the extension of time as evidenced by their joinder in the petition.

2. Upon the presentation thereof, the Court shall award a citation upon the parties in interest who have not joined in the petition, to show cause why the extension of time requested should not be granted. Upon the expiration of the return day and due proof of service of the citation, the matter shall be disposed of by the Court on application as the circumstances may require.

Rule 12.5A Presence of Minor in Court Not Required.

It shall not be necessary for a minor over the age of 14 years to be present at the time of the presentation of the petition for appointment of guardian. 

Rule 12.5B Minor's Estate. Restricted Accounts. Waiver of Bond.

In lieu of the entry of bond, the Court in appropriate cases may authorize the guardian to deposit the funds of the minor in an interest-bearing deposit or to purchase shares of a building and loan association or savings and loan association in accordance with the provision of Section 7310(b) or 7313 of the Probate, Estates and Fiduciaries Code, subject to the express restriction, to be noted on the records of the institution, that no withdrawals shall be made therefrom without order of the Court or upon order of the guardian and the minor after the minor shall have attained his majority. Evidence of the deposit or investment marked to indicate the restriction, shall be promptly exhibited to the clerk. In lieu of the appointment of a guardian, the Court may authorize the deposit of funds of a minor pursuant to the provisions of Section 5103 of the Code. 

Rule 12.5C Minor's Estate, Allowances.

When a petition is necessary for an allowance from a minor's estate, the petition shall set forth:

1. the manner of the guardian's appointment and qualification, the dates thereof;

2. the age and residence of the minor, whether his parents are living, the name of the person with whom he resides, the name and age of his spouse and children, if any;

3. the value of the minor's estate, real and personal, and net annual income; and receipts from other sources, e.g., Social Security;

4. the circumstances of the minor, whether employed or attending school; if the minor's father, or other person charged with the duty of supporting him, is living, the financial condition and income of such person and why he cannot, or should not be required to pay the expenses forming the occasion for the requested allowance under his duty to support the minor; and whether there is adequate provision for the support and education of the minor, his spouse and children;

5. the date and amount of any previous allowance by the Court; and

6. the financial requirements of the minor and his family unit, in detail, and the circumstances making such allowance necessary. 

Rule 12.5D Small Estates of Minors.

A petition under section 5101 of the Probate, Estates and Fiduciaries Code for the receipt, holding and disposition of the small estate of a minor without the appointment of a guardian shall set forth such of those matters required in a petition for the appointment of a guardian of the estate of a minor as may be applicable, including an itemization and valuation of all assets of the minor wherever located, and such other matters as may be appropriate. If the estate consists of items other than cash, listed securities or assets the value of which is self-apparent, a certificate of valuation thereof by an appraiser competent to give an opinion relative thereto shall be attached as an exhibit and accompanied by a brief statement of the qualifications of such appraiser. 

Rule 12.6A. Exhibits to Petition for Appointment of Trustee.

The following exhibits shall be attached to the petition:

1. a copy of the trust instrument;

2. and contents of joinders of parties in interest.

Rule 12.7A Discharge of Fiduciaries. Additional Averments.

In addition, if their written consents not be attached as exhibits, the petition shall aver that notice has been given to sureties, if any, of the date of the intended application for discharge. The petition shall also expressly state whether both the fiduciary and surety or the surety alone is to be discharged.

Rule 12.7B Exhibits.

The petition shall have attached thereto a copy of the schedule of distribution as confirmed, if one has been filed, and original releases or satisfactions of award from the distributees showing full payment of the distributive shares. If such original releases or satisfactions of award have been filed with the clerk, true or conformed copies may be attached.

Rule 12.7C Discharge of Fiduciaries of Certain Small Estates.

A petition with account annexed for the discharge of a fiduciary under Pennsylvania Orphans' Court Rule 12.7(b) shall conform as far as practicable to the requirements of a petition under Bucks Rule 6.11H for the settlement of a small estate of a decedent.

Rule 12.9A General Rules Applicable to all Fiduciaries for all Petitions Relating to the Public Sale, Excusing or Requiring Additional Security or Other Disposition of Real Estate.

1. Personal Representative.

When it is required that a personal representative petition the Court to sell real property at public sale, the petition, in addition to the requirements of Pennsylvania Orphans' Court Rule 12.9, shall also set forth in separate paragraphs, the following:

(a) the name or other designation of the estate; the date of death, whether the decedent died testate or intestate, date of grant of letters, if a decedent's estate, or testamentary trust, or the date and manner of creation, if another type of fiduciary estate. If the petitioner be other than the fiduciary, include the particulars of the fiduciary required herein, and set forth facts sufficient to satisfy the Court of the propriety of entertaining the petition by a petitioner other than the fiduciary;

(b) set forth the reason why the personal representative is not otherwise authorized to sell by the Probate, Estates and Fiduciaries Code; or is not authorized or is denied the power to do so by the will; or that it is desirable that the sale have the effect of a judicial sale in which event state the reasons therefor and comply with Bucks Rule 12.10B;

(c) the total value of the personal estate for which he is accountable, as shown in the inventory filed and the inheritance tax appraisal made, if any, and also a statement of the total proceeds of any real estate previously sold or otherwise disposed of;

(d) if the fiduciary has been required to give bond or if additional security may be required, waived or requested, a statement of the amount of the bond or bonds filed by him if any, and the names of the sureties thereon;

(e) the names and relationships of all parties in interest; a brief description of the respective interests; whether any of them are minors, incapacitated persons or deceased, and if so the names of their fiduciaries, if any;

(f) the nature and amount of liens or other claims or charges which are not liens;

(g) whether or not there is any known objection by any party in interest to the grant of relief requested;

(h) a full legal description of the subject real estate, together with a recital of the title thereof sufficient to explain the nature and quantum of all interests therein which will or may be affected by the relief requested.

(i) sufficient facts to enable the court to determine that the sale is desirable for the proper administration and distribution of the estate;

(j) an appropriate request for relief, together with a form of order or decree in accordance therewith.

2. Trustee.

When it is required that a trustee petition the Court to sell real property at public sale, the petition, in addition to the requirements of Pennsylvania Orphans' Court Rule 12.9, shall also set forth in separate paragraphs, the following:

(a) the name and capacity of the trustee; together with the date and manner of his appointment; how title was acquired, stating the date and place of probate of the will, schedule of distribution, or recording of the deed;

(b) a recital of the relevant provisions of the will or deed pertaining to the real property to be sold or of the history of the trust (references to specific paragraphs or pages of the exhibit may be incorporated by reference rather than recite in detail the appropriate section of the document).

(c) the names and relationships of all parties in interest; a brief description of their respective interests; whether any of them are minors, incapacitated persons or deceased and if so, the names of their fiduciaries, if any;

(d) the nature and amount of liens or other claims or charges which are not liens;

(e) whether or not there is any objection by any party in interest to the grant of relief requested.

(f) a full legal description of the subject real estate, together with a recital of the title thereof sufficient to explain the nature and quantum of all interests therein which will or may be affected by the relief requested.

(g) the total value of the personal estate for which he is accountable as shown, for example, in the inventory filed (by the will, deed, or schedule of distribution); a statement of the total proceeds of any real estate previously sold or otherwise disposed of;

(h) that the trustee is not authorized to sell under the Probate, Estates and Fiduciaries Code, or is denied the power by the trust instrument; or that it is advisable that the sale have the effect of a judicial sale, stating the reasons; and complying with Bucks County Rule 12.10B;

(i) sufficient facts to enable the Court to determine that the proposed sale is for the best interest of the trust;

(j) an appropriate request for relief together with a form of order or decree in accordance therewith.

3. Guardian.

When it is required that a guardian petition the Court to sell real property at public sale, the petition, in addition to the requirements of Pennsylvania Orphans' Court Rule 12.9, shall set forth in separate paragraphs the following:

(a) name, date, fiduciary designation and manner of appointment of the guardian. If the petitioner not be the guardian, include the particulars relating to the guardian mentioned above as to the propriety of the Court's entertaining the petition and the granting of relief to the petitioner, rather than to the guardian;

(b) the age of the ward and date of birth;

(c) the names of his next of kin and that notice has been given them of the presentation of the petition; when there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with Bucks Rule 12.9C 1, may be required as the Court shall by special order in each case designate, if appropriate;

(d) how title was acquired, stating the date and place of probate of the will, the schedule of distribution or recording of the deed; together with a recital of the provisions of the will, schedule of distribution or deed relating to the real estate to be sold;

(e) the nature and extent of the interest of the ward, and of other persons, in the real property, whether any of them are minors, incapacitated persons or deceased and if so, the names of their fiduciaries, if any;

(f) whether or not there is any objection by any party in interest to the grant of the relief requested;

(g) a full legal description of the subject real estate, together with a recital of the title thereof sufficient to explain the nature and quantum of all interests therein which will or may be affected by the relief requested.

(h) that the guardian is not otherwise authorized to sell by the Probate, Estates and Fiduciaries Code, or is denied the power by the instrument appointing him; or that the sale has the effect of a judicial sale (thereby complying with Bucks Rule 12.10B);

(i) sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the ward;

(j) an appropriate request for relief together with a form of order or decree in accordance therewith. 

Rule 12.9B Joinder and Consent.

The Court may act upon such applications forthwith and ex parte if all parties in interest join therein or if the Court be satisfied that the interests of all parties would be served and protected thereby, or may require notice thereof by citation or otherwise, to be served upon all parties in interest before action thereon in such particular cases as it shall, by special order, direct. 

Rule 12.9C Procedure for Public Sale. Security.

1. Upon the entry of an order authorizing a public sale of real estate pursuant to application by any fiduciary subject to the jurisdiction thereof, the Court shall also fix the return day therefor. Such sale shall be advertised in such manner, in such newspapers or other media, and for such length of time as shall be required by law and deemed necessary and proper reasonably and practically to obtain the best price possible under all the circumstances, but in any event public notice of such sale shall be advertised at least once a week for three successive weeks in the Bucks County Law Reporter and in one other newspaper of general circulation in the county prior to the sale, and shall be conspicuously posted on the subject real estate. Notice thereof shall also be given to all parties in interest at least 20 days before the sale by personal service or by certified mail to their last known address, unless the same shall have been waived in writing or the Court, for cause shown, shall dispense therewith.

2. On or before the return day, a sworn written return of said sale shall be filed with the clerk setting forth the relevant facts concerning the sale and attaching a copy of the agreement resulting therefrom and due proofs of publication and service of other required notices.

3. On the return day, the return so made shall be deemed to be confirmed nisi. Unless exceptions be filed thereto within 10 days thereafter, the Court, upon application at the expiration of such period, shall enter a decree confirming the sale absolutely and making such other order, including the entry or waiver of additional security, as may be necessary for the proper execution of the sale. See Bucks Rule 12.9E and comply with Bucks Rule 12.10C. 

Rule 12.9D Public Sale. Exhibits.

The following exhibits shall be attached to a petition by a personal representative, trustee or guardian to sell real property at public sale;

1. a copy of the will, deed, or decree by which the fiduciary was appointed;

2. any consents or joinders of parties in interest, and the names and a copy of the notice which has been given to those parties who do not consent or join;

3. consent by any mortgagee whose lien would otherwise not be discharged by the sale;

4. agreement of sale;

5. a full legal description of the subject real estate, together with a recital of the title thereof sufficient to explain the nature and quantum of all interests therein which will or may be affected by the relief requested; and

6. any other instrument which may be material to the application for public sale. 

Rule 12.9E Public Sale. Surety.

In all cases where an order of the Court shall require the entry of additional security, the surety thereon, except for cause shown, shall be the same as on the original bond; all bonds for additional security shall be filed with the clerk. 

Rule 12.10A Private Sale, Exchange or Option. Contents of Petition. Exhibits. Notice and Security.

When a personal representative, trustee or guardian requires Court approval for a private sale, exchange or option of real estate, in addition to the requirements of Pennsylvania Orphans' Court Rule 12.10, a petition for approval shall comply with requirements of Bucks Rules 12.9A, B, D and E. 

Rule 12.10B Petition for a Sale Having Effect of a Judicial Sale.

1. A petition for an order of Court authorizing or directing the sale (whether public or private) of real estate under any provision of law, whereby the same would have the effect of a judicial sale shall set forth, in addition to the matters required by Pennsylvania Orphans' Court Rules 12.9 and 12.10, and Bucks Rules 12.9A and 12.9D, the following:

a. the names and addresses of all heirs, devisees, legatees or lienholders who would be affected by the sale, indicating the respective interests of each and designating those who may not be sui juris and the fiduciary representing them, if any;

b. a full and complete statement of all known liens and charges upon the subject real estate showing the nature, priority and amounts thereof respectively and indicating which thereof, if any, would not be discharged by the sale under the applicable provisions of law;

c. a statement of the amount and nature of all known additional claims against the estate which may not be liens upon the subject real estate; and

d. if the liens upon the subject real estate may prima facie be satisfied or discharged without the necessity for a judicial sale, or if there be no liens, a statement of such other unusual facts as may be relied upon to invoke the discretion of the Court to order the sale.

2. Upon the presentation of such a petition, the Court may in its discretion, require that a citation issue directed to all parties in interest (including lienholders) who have not joined in the petition requiring them to show cause why the requested order of sale should not be granted. Such citation may be served personally or by certified mail by any adult person or by the sheriff at least 20 days prior to the return day thereof. If it shall appear by affidavit that such citation may not be served personally or by certified mail, the same shall be served by publication, unless the Court for cause shown shall otherwise direct in particular cases, by advertisement in the Bucks County Law Reporter and in one newspaper of general circulation published in the county once a week for three successive weeks, and also by posting the same in a conspicuous place on the subject premises. The last advertisement and such posting are to be made at least 20 days prior to the return day. In all cases, return of service of the citation shall be filed together with supporting affidavits showing the time and manner of service and by attaching return receipt cards and proofs of publication, in appropriate cases. 

Rule 12.10C Petition to Fix or Waive Additional Security. Personal Representative. Other Fiduciary.

1. Form of Petition.

In a sale of real estate, whether public or private, by a personal representative, or by other fiduciary, without benefit of an order of Court directing or authorizing such sale, where he was required to give bond as such personal representative or other fiduciary, he shall present his petition to the Court before the proceeds of the sale are paid to him by the purchaser. The petitioner shall comply with Bucks Rules 12.9A and B, as applicable, and, in addition shall:

a. attach exhibits required by Bucks Rule 12.9D;

b. attach a full legal description of the subject real estate, together with a recital of the title thereof sufficient to explain the nature and quantum of all interests therein which will or may be affected by the relief requested.

c. include a prayer for an order fixing the amount of additional security or for an order excusing him from filing additional security, as the case may be; and

d. attach an appropriate form of order or decree.

2. Surety on Additional Bond.

The surety on any additional bond, except for cause shown, shall be the same as on the original bond. All bonds for additional security shall be filed with the clerk. 

Rule 12.11A Mortgage or Lease of Real Property. Additional Requirements and Security.

1. Contents of Petition.

A petition to mortgage or lease real property by a personal representative, trustee or guardian, shall conform as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale; shall set forth the amount and terms of the proposed mortgage loan or terms of lease; and shall set forth sufficient facts to enable the Court to determine whether the proposed mortgage or lease should be approved.

2. Exhibits.

The following exhibits shall be attached to the petition:

a. a copy of the will, deed, or decree by which the fiduciary was appointed;

b. any consents or joinders of parties in interest, and the names and a copy of the notice which has been given to those parties who do not consent or join; and

c. other relevant documents - such as mortgage commitment.

3. Security.

The amount of the bond or additional security required to be entered, or the waiver thereof, will be determined by the Court in its decree approving the proposed mortgage or lease.

4. Surety.

When an order of the Court shall require the entry of additional security, the surety thereon, except for cause shown, shall be the same as on the original bond. All bonds for additional security shall be filed with the clerk.