Orphans' Court & Fiduciary Litigation
Routine probate stays at the Register of Wills. When things get contested: will challenges, fiduciary removal, guardianships, accountings, trust disputes…
Routine probate stays at the Register of Wills. When things get contested: will challenges, fiduciary removal, guardianships, accountings, trust disputes…
These are the cases where families are in conflict and the outcome determines who controls assets, who serves as fiduciary, and who inherits.
Yes. Before probate, you can file a caveat with the Register of Wills under 20 Pa.C.S. § 906 to prevent the will from being admitted. If the will has already been probated, a challenge must be brought within one year under § 908. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. See our Will Contests & Caveats page for details.
Yes. You can file objections to the executor's accounting, petition for removal, or bring a surcharge action. The remedy depends on the specific issue.
From petition to hearing, typically 4 to 8 weeks. Emergency guardianships can be obtained more quickly. After appointment, the guardian must file an inventory within 90 days and annual reports thereafter.
Yes. Orphans' Court is a specialized division with its own rules of procedure, its own case law, and its own judges. There is no jury, the judge decides everything.
It's strongly recommended. Orphans' Court has unique procedural requirements and substantive law that differ significantly from other courts. Mistakes can be costly.
In Bucks County, expect $3,000–$10,000+ for an uncontested guardianship. Contested guardianships can cost significantly more. After appointment, there are ongoing costs.
A formal accounting is filed with the Orphans' Court and is subject to audit and objections. An informal accounting is presented directly to beneficiaries. If all beneficiaries consent, a formal accounting may not be required.
The Register of Wills is an administrative office; it probates wills, grants letters, and collects inheritance tax. The Orphans' Court is a judicial body that resolves disputes, adjudicates accountings, appoints guardians, and removes fiduciaries.
With the Clerk of the Orphans' Court, not the Register of Wills. In Bucks County, audits are called at 10:00 AM on the first Monday of each month. File by the 5th Wednesday before your target audit date.
Orphans' Court. The Register has no authority to resolve disputes between beneficiaries and executors.
The Register can refuse if statutory requirements aren't met. But if a dispute arises about the will's validity, the Register certifies the matter to Orphans' Court.
An audit is the court hearing where the judge reviews the fiduciary's accounting, hears objections, and issues a decree of distribution. An audit is required whenever a formal accounting is filed.
Filing fees vary by petition type; expect $100–$300+ in filing fees plus advertising costs. This is separate from attorney fees.
How to fix errors on a Pennsylvania birth certificate (wrong name, sex designation, or missing information. Orphans' Court petition process.
→What rights do trust beneficiaries have in Pennsylvania? Learn about standing to sue, the right to information and accountings, trustee removal, and.
→An accounting is the fiduciary's formal report to the court and beneficiaries. It is the primary mechanism of accountability in Pennsylvania.
→What Is a Family Settlement Agreement? A family settlement agreement is a contract among the beneficiaries and heirs of an estate (and often the personal…
→When an adult becomes unable to make decisions for themselves (due to dementia, traumatic brain injury, stroke, or other conditions) Pennsylvania law…
→Can you modify an irrevocable trust? Learn Pennsylvania's three tools: nonjudicial settlement agreements (§ 7710.1), court modification (§ 7740.2), and.
→Orphans' Court is a specialized division of the Court of Common Pleas with exclusive jurisdiction over estates, trusts, guardianships, and fiduciary…
→One of the most common sources of confusion in Pennsylvania estate practice (for families and sometimes even for attorneys) is the division between the…
→Pennsylvania law (20 Pa.C.S. § 3182) provides grounds and procedure for removal of a personal representative. The power to remove is vested exclusively in…
→Orphans' Court has exclusive jurisdiction over virtually all trust-related disputes in Pennsylvania. Trust litigation is governed by 20 Pa.C.S.
→A surcharge is a legal action brought in Orphans' Court to hold a fiduciary (executor, administrator, trustee, guardian,. Free consultation available.
→A will contest is a legal challenge to the validity of a decedent's will. In Pennsylvania, a will contest begins with a caveat.
→Free consultations available for most practice areas.
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