Rule 6.1-6.11 - Accounts & DistributionThese Rules are keyed into the Supreme Court Rules and the letter should be consulted before applying the local rules.
6.1 (e) There shall be attached to the account, the affidavit of notice which shall contain the names and addresses of all parties to whom the accountant gives notice.6.1(f) (i) Accountant's legal copies of ledgers and print-outs may be used to state an account. If these contain abbreviations, code numbers and symbols shall be explained.6.3 Notice of the filing of an account and, unless an audit has been requested, of the filing of a statement or proposed distribution shall be given twenty-five (25) days prior to the date of confirmation to every unpaid claimant who has given written notice of this claim to the accountant, and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin. This shall include a notice to any person who has an arguable interest in the estate. The form of notice shall substantially comply with the sample notice set forth in Appendix I including such cautionary clauses as are applicable. (See AppendixI. The statement of Proposed Distribution shall be in compliance with the form set for in Appendix II.
6.4 All accounts shall be filed at least twenty five (25) days prior to the date of confirmation.6.9 (a) When a schedule of proposed distribution has not been filed with the account, the accountant shall request the appointment of an auditor. The form of notice to be given by the accountant to all interested parties shall be substantially as follows: (CAPTION)
You are hereby notified that the Accountant filed an account and requested the appointment of an auditor to determine the distribution to be made of the funds in the hands of the accountants, and to decide any questions of law or fact. You will be notified of the date, time and place of any hearings.
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(Accountant or his counsel)
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(Address)
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(Telephone Number)
(1) Every fiduciary filing an account shall file a statement of proposed distribution containing the names of the distributee, the amount or share awarded to each and a brief statement of the nature of, and the reasons for, the proposed awards in such distribution.(2) Where real estate is distributed, the real estate in the statement of proposed distribution shall be described by metes and bounds, when such description is available.(3) In lieu of filing a statement of proposed distribution, a fiduciary shall file at the same time he files his account a written request, by motion, that distribution be determined by the Court or an auditor.(4) The statement of proposed distribution of a personal representative shall be attached to the account and shall be filed in the office of the Register of Wills or the Clerk of the Court.(5) The statement of proposed distribution of a trustee, guardianship of a minor, guardian of an incompetent, or custodian under the Uniform Gift to Minors Act, shall be attached to the account and filed with the Clerk of the Orphans' Court Division of the Court of Common Pleas.Notice of the filing of the statement of proposed distribution which accompanies the account shall be given by the Register of Wills or the Clerk of the Court, as the case may be, by publication in two (2) newspapers of general circulation within the county, once a week for three (3) successive weeks immediately prior to the date of confirmation.
6.10. All objections shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court, as the case may be, between the date of the filing of the account and the date of its confirmation, and with a copy to each person listed on the affidavit of notice or his attorney and a copy to the Court Administrator. The accountant or any party in interest may move the Court to appoint an auditor to resolve any issues raised with respect to the account or statement of proposed distribution.6.11(a) All accounts and statements of proposed distribution which have been properly advertised and for which notices have been given shall be confirmed by the Register of Wills or the Clerk of the Orphan's Court, as the case may be, on the first Monday of each month, unless that day is a holiday, in which event confirmation shall be made the next day. When confirmed, the statement of proposed distribution shall thereupon become the Decree of Distribution.