Orphans' Court Rules & Procedure

Orphans' Court is a specialized division of the Court of Common Pleas with exclusive jurisdiction over estates, trusts, guardianships, and fiduciary matters, including will contests, accountings, surcharge actions, adoptions, and approval of settlements for minors and incapacitated persons. The court sits in equity (no jury) and operates under its own procedural rules (Pa.O.C. Rules), supplemented by Bucks County Local Orphans' Court Rules.

Chapter I: Preliminary Rules

Rules 1.1 to 1.8 cover scope, definitions, construction, time extensions, local rules, mediation, entry/withdrawal of counsel, and forms. Rule 1.8 mandates the exclusive use of the statewide forms promulgated by the Supreme Court: where an approved form exists, no other form may be used by a filer or accepted by the register or clerk. A court may still require a cover sheet or checklist to accompany a filing, but only through a local rule numbered 1.8(c). Forms are available at www.pacourts.us/forms. Bucks County Local Rule 1.8(c) requires specific checklists to accompany accounts and petitions.

Chapter II: Accounts, Objections & Distributions

Rules 2.1 to 2.11 govern the form of accounts (following Model Accounts in the Appendix), separate accounting for principal and income, filing with the Clerk, notice requirements, objections, and confirmation. Accounts must include: a cover page, summary page with page references, separate schedules for receipts/gains/losses/disbursements/distributions/investments, and signature and verification pages signed by all accountants. Under Bucks O.C. Rule 2.7A, when objections to an account are filed, the account is still presented for audit, but the merits of the objections are not heard at that time; the court schedules a pretrial conference under Bucks O.C. Rule 7.1B and then fixes a time for hearing.

Chapter III: Petition Practice & Pleading

Rules 3.1 to 3.15 establish that most Orphans' Court proceedings are initiated by petition rather than complaint. Petitions must be verified, must identify all interested parties (and their addresses), must state the factual basis and legal authority for relief, and must attach a proposed decree and any required exhibits, consents, or approvals. Proceedings are by citation (when jurisdiction over the person is required) or by notice. No citation or notice is required when all parties are petitioners or have filed consents.

Chapter IV: Service & Electronic Filing

Rules 4.1 to 4.7 cover format requirements, service of citations and notices, notice to the Attorney General for charitable interests, and electronic filing procedures.

Chapter V: Rules for Specific Petitions

Rules 5.1 to 5.15 (plus Rule 5.50 on settlement of small estates) address specific proceedings: declaratory judgment, family exemption, surviving spouse intestate share from real estate, surviving spouse's election, appointment of guardians ad litem and trustees ad litem, guardians of minors, appointment of trustees, discharge of fiduciaries, partition, and public and private sales of real property. Each has specific content, exhibit, and notice requirements.

Chapter VII: Pre-Hearing & Hearing Procedure

Rule 7.1 allows discovery, depositions, and production of documents, conforming to civil division practice unless governed by local rule or court order. Bucks O.C. Local Rule 7.1A provides that leave to take depositions, perpetuate testimony, or obtain discovery or production of documents may be granted only on petition upon cause shown, except upon agreement of counsel; once leave is granted, discovery is governed by the Pennsylvania and Bucks County Rules of Civil Procedure.

Bucks County Local Rules: Key Provisions

• Local Rule 1.7A: Officers not eligible to practice before the court include the Clerk, law clerks, Register of Wills, sheriff, official stenographer, and their assistants
• Local Rule 2.6A: Accounts to appear on a particular audit list must be filed no later than the fifth Wednesday preceding the session of court when that audit list is called
• Local Rule 2.6A: The audit list is called, and accounts audited, on the first Monday of every month (subject to holiday and emergency adjustments under Rule 1.9A)
• Guardianship petitions: a petition to adjudicate incapacity is governed by the statewide rule, Pa.R.O.C.P. 14.2, which requires compliance with 20 Pa.C.S. § 5511, including mandatory appointment of counsel for the alleged incapacitated person, specific averments that less-restrictive alternatives were considered or tried, and, where the proposed guardian will serve three or more incapacitated persons, the certification required by § 5511(f)(2). A citation and notice in the Supreme Court's approved form must be served with the petition. These requirements were tightened by the 2024 amendments conforming the rule to Act 61 of 2023. Bucks County's Chapter 14 local supplements are limited to Rule 14.2A (notice of mental health commitment), Rule 14.2B (withdrawal of petition), and Rule 14.9A (allowances)
• Adoption petitions: under Bucks O.C. Rule 15.5A, if a natural parent's consent is not attached and that parent's rights have not been terminated, the adoption petition must either request that the court dispense with consent or aver grounds for termination under 23 Pa.C.S. § 2511(a)

Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): Jul. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.