Orphans' Court & Fiduciary Litigation
Will contests, fiduciary removal, guardianships, trust disputes, and estate accountings in Bucks County Orphans' Court.
Routine probate stays at the Register of Wills. When things get contested (will challenges, fiduciary removal, guardianships, accountings, trust disputes) the matter moves to Orphans' Court, which is usually a non-jury (bench) court, though 20 Pa.C.S. § 777 provides a binding jury-trial right to any party in interest in a decedent-title dispute, and to the person whose capacity is at issue in an incapacity proceeding (with an advisory jury available at the court's discretion in will contests). I practice here regularly. These topics are also accessible from the Estate Planning hub.
High-Stakes Matters
These are the cases where families are in conflict and the outcome determines who controls assets, who serves as fiduciary, and who inherits.
Will Contests & Caveats in Bucks County
Removal of Executors & Trustees
Guardianship of Incapacitated Persons
Trust Litigation in Orphans' Court
Beneficiary Rights & Standing in Trust Disputes
Resolutions & Procedures
Family Settlement Agreements
Estate & Trust Accountings in Bucks County
What Is a Surcharge?
Amending Birth Records & Vital Records
Trust Decanting: Modifying Irrevocable Trusts
Guardianship of a Minor's Estate
Facing an estate dispute? Orphans' Court has unique rules and is generally a bench court with limited statutory jury rights under 20 Pa.C.S. § 777. You need an attorney who practices here regularly.
Get Started →Common Questions
Can I contest my parent's will?
Yes. Before probate, you can file a caveat with the Register of Wills under 20 Pa.C.S. § 906 asking that the will not be admitted. A caveat holds up probate for only ten days after the later of the probate petition or the caveat, unless a party in interest files the bond the Register sets, between $500 and $5,000, within that window. Without the bond the caveat is treated as abandoned, though the Register may extend the time for cause shown. If the will has already been probated, the challenge is an appeal to the Orphans' Court under § 908, ordinarily within one year of the decree, though on petition of a party in interest the court may shorten that period to three months. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. See our Will Contests & Caveats page for details.
Can I challenge an executor's handling of an estate?
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.
How long does a guardianship proceeding take?
From petition to hearing, typically 4 to 8 weeks. Emergency guardianships can be obtained more quickly. A guardian of the estate must file an inventory within three months after estate property comes into the guardian's possession. Every guardian must file a report with the court at least once within the first 12 months after appointment and at least annually after that.
Is Orphans' Court different from regular civil court?
Yes. Orphans' Court is a specialized division with its own rules of procedure, its own case law, and its own judges. It is generally a bench (non-jury) court, but 20 Pa.C.S. § 777 gives a binding jury-trial right in two situations: (1) substantial disputes over a decedent's title to property, where any party in interest may demand a jury, and (2) proceedings to establish incapacity, where the right belongs to the person whose capacity is at issue. In will contests and other matters the court may impanel an advisory jury at its discretion.
Do I need a lawyer for Orphans' Court?
It's strongly recommended. Orphans' Court has unique procedural requirements and substantive law that differ significantly from other courts. Mistakes can be costly.
What does a guardianship cost?
In Bucks County, expect $3,000–$10,000+ for an uncontested guardianship. Contested guardianships can cost significantly more. After appointment, there are ongoing costs.
What is the difference between a formal and informal accounting?
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.
What's the difference between the Register of Wills and the Orphans' Court?
The Register of Wills holds original jurisdiction over the probate of wills and the grant of letters (20 Pa.C.S. § 901) and acts in a quasi-judicial capacity, taking testimony and entering appealable decrees. The Orphans' Court handles accountings, surcharge, guardianships, trust disputes, and fiduciary removal. The two forums divide by subject matter, not by whether judgment is exercised.
Where do I file an accounting?
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.
I have a problem with how the executor is handling the estate. Do I go to the Register of Wills or the Orphans' Court?
Orphans' Court. Disputes between beneficiaries and executors over administration, accountings, and removal are Orphans' Court matters. The Register's jurisdiction runs to probate and the grant of letters, and the Register may revoke letters only in the narrow circumstances of 20 Pa.C.S. § 3181.
Can the Register of Wills refuse to probate a will?
Yes. The Register decides whether a will is proved and admitted, and a refusal is a decree appealable to the Orphans' Court under 20 Pa.C.S. § 908, ordinarily within one year of the decree, though the court may shorten that period to three months on petition of a party in interest. If a caveat is filed or a dispute arises about the will's validity, the Register may certify the record to the Orphans' Court under § 907; certification is discretionary rather than automatic.
What is an audit and when is it required?
An audit is the court hearing where the judge reviews the fiduciary's accounting, hears objections, and issues a decree of distribution. In Bucks County, which has a separate Orphans' Court division, a filed account is examined and audited by the court. 20 Pa.C.S. § 3511. That is not the rule everywhere in Pennsylvania. In a county with no separate Orphans' Court division, an account drawing no objections is confirmed by the court or the clerk under local rules, and an auditor is appointed only if the court chooses to appoint one. § 3512.
What does an Orphans' Court filing cost?
Filing fees vary by petition type; expect $100–$300+ in filing fees plus advertising costs. This is separate from attorney fees.
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