Current through February 13, 2020
Rule 5.16.1 - Form of Petition - Settlement of Small Estate(a) This Rule applies to all petitions filed pursuant to 20 Pa.C.S. 3102, pertaining to settlement of small estates upon petition.(b) A petition for settlement of a small estate shall include the following: (1) the name and address of each petitioner;(2) the decedent's date of death and domicile at the time of death, together with a statement that an original death certificate is attached;(3) a statement whether the decedent died testate or intestate and, if testate, that the original copy of the will is attached; or that it cannot be produced and the reason therefor and that a photocopy of it is attached.(4) the name and address of each testate or intestate heir, as applicable.(5) the name and addresses of all claimants known by the petitioner, including creditors of the decedent on the date of death, providers of funeral services, providers of goods and services to the petitioner arising from settlement of the estate, together with the amounts claimed by each, even if the claims have been satisfied before the filing of the petition, together with a notation of which such claims remain unsatisfied;(6) all assets of decedent's estate, other than real estate, and the value of each;(7) in the event that it appears that all claimants cannot be paid in full, all assets in which the decedent had an interest as a joint tenant with right of survivorship, together with the value of each such asset and decedent's fractional interest therein;(8) a statement that a Pennsylvania inheritance tax return need not be filed and the reason therefor; or, in the alternative, that one has been filed, that all taxes due thereon have been paid, and that proof of such payment is attached to the petition; or, in the alternative, the reason why the same has not occurred;(9) the name of each proposed distributee and their respective proposed distributions;(10) the name of each person who has consented to or joined in the prayer of the petition, together with a statement that the consent is attached; and(11) any other relevant information.(c) The following items shall be attached to a petition for settlement of a small estate:(1) an original death certificate;(2) the decedent's will, if any;(3) proof of payment of the Pennsylvania inheritance due under the return actually filed;(4) original copies of consents, joinders, and statements of no objection signed by interested parties; and(5) a proposed decree of distribution.Adopted 7/21/2016. Effective 9/5/2016