As amended through February 1, 2024
Rule 5.8B - Petition to Settle Small Estate. (See State 5.50 for controlling Rules)(1) Petitions for distribution of small estates under the Code, shall set forth:(a) The name and address of the petitioner and the relationship of the petitioner to the decedent;(b) The name, date of birth and domicile of the decedent, whether the decedent died intestate, the dates of the probate of the will and of the grant of letters, if any, and whether the personal representative has been required to give bond and in what amount;(c) The names and relationships of all beneficiaries entitled to any part of the estate under the will or intestate laws, a brief description of their respective interests, whether any of them has received or retained any property of the decedent by payment of wages or similar items under the Code, or otherwise, and whether any of them are minors, incapacitated persons, or deceased, with the names of their fiduciaries, if any;(d) The person or persons, if any, entitled to the family exemption and, if a claim therefor is made in this petition, any additional facts necessary to establish the prima facie right thereto;(e) An inventory of the real and personal estate of the decedent, with values ascribed to each item, either incorporated in the petition or attached as an exhibit;(f) The status of the inheritance tax;(g) That twenty (20) days' written notice of intention to present the petition has been given to any unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown. Notice shall be given in accordance with the Pennsylvania Orphans' Court Rules; and;(h) A prayer for distribution of the personal property to those entitled and, in appropriate cases, for the discharge of the personal representative.(2) There shall be attached to the petition the following exhibits:(a) The original of the decedent's will, if it has not been probated, or a copy of the will, if it has been probated;(b) Joinders of unpaid beneficiaries, heirs and claimants insofar as they are obtainable;(c) An itemized list of disbursements made prior to the filing of the petition, indicating the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption;(d) A copy of the inheritance tax return and, if applicable, proof of payment; and(e) A copy of any notice given.(3) No appraisement shall be required unless ordered by the Court.Chest. Cnty. Ct. Comm. Plea. R. 5.8B