As amended through January 1, 2018
Rule 12 - Special Petitions(a) Family Exemption (1) Procedure shall be by petition presented to the court.(2) All areas of prescription by Local Rules shall be the subject of a special order of court in each case.(b) Small Estates Under PEF Code(1) Procedure shall be presented to the court which shall set forth the following: a. The petition shall set forth facts establishing a prima facie right of settlement under Section 3102 including inter alia, the following:1. the name and address of the petitioner, his family relationship to the decedent, in any, and if none, the capacity in which he brings the petition.2. the name, date and place of death of the decedent and his domicile.3. If letters, either testamentary or of administration, were granted, detailed statement as to status thereof.4. The names, relationships and a brief description of the interest of all persons entitled to share in the decedent's estate under the will or intestate laws, stating which are minors, incompetent or deceased, with the names of the fiduciaries.5. The person, if any, entitled to a family exemption and the facts on which their claim is based.6. An itemized list of the real and personal property of the decedent and the fair value of each item thereof as of the date of the decedent's death as determined by the petitioner, or in lieu thereof, a copy of the inventory and appraisement if previously filed, and a statement of the net proceeds of each item converted into cash.7. An itemized list showing disbursements made out of the decedent's assets, the date of payment, the payee and the nature and amount of payment.8. The names and addresses of unpaid creditors of the decedent of whom the petitioner has knowledge, with the nature and amount of each claim and whether the same are admitted or disputed.9. A statement regarding Pennsylvania Inheritance and Estate Taxes, its calculation and the amount paid thereof.10. A proposal for distribution setting forth:(i) how creditors, if any, shall be paid.(ii) the names of persons to share in the distribution and the share each will receive.b. As the court may direct, the petition for settlement and distribution of a small estate may be confirmed absolutely without any notice or may be confirmed absolutely upon at least ten (10) days written notice of presentation having been given to all known persons in interest of may be confirmed nisi, with absolute confirmation in thirty (30) days, subject to such notice as the court, by special order, may direct, which notice may either be by publication or by mailing ten (10) days written notice by ordinary mail to all known persons in interest.c. If notice is required, final confirmation shall not be effective, unless and until the attorney for the petitioner shall file the appropriate proof of publication or affidavit of service.d. Exhibits: The following exhibits shall be attached to the petition, in addition to the above: 1. if decedent died testate, a copy of decedent's will.2. consents of the surety, unpaid beneficiaries, heirs and claimants who consent thereto. (c) Surviving Spouse's Allowance (1) Procedure shall be by petition presented to the court.(2) Hearing or argument procedures, if applicable, shall be in accordance with Local Rule of Civil Procedure 205.1.(d) Surviving Spouse's Election (1) Petition for extension of time shall be in accordance with these Rules [See Pleading and Practice, Paragraphs (a) and (b)].(e) Minors' Estates and Appointment of Guardians and Trustees (1) If a minor is over the age of fourteen (14) years, he shall appear in person at the time of presentation of any petition for appointment of a guardian and indicate his selection of a guardian, unless his presence is specifically excused by the court.(2) Consent of any proposed guardian must be attached to the petition for appointment of a guardian and shall contain the following statements:a. his business and domicile.b. that he is a citizen of the United States, able to speak, read and write the English language.c. that is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; that he has no interest adverse to the minor.d. when the proposed guardian is a corporate fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary, and that it has no interest adverse to the minor.