Rule 5.16-1 - Procedure under Section 3102Probate, Estates and Fiduciaries Code of 1972.
(a) Contents of Petition. A Petition under section 3102 of the Probate, Estates and Fiduciaries Code of 1972 (20 Pa C.S. Section 3102), for the settlement of a small estate shall set forth (1) the name, date of death and residence of decedent;(2) the name and address of the petitioner, his relationship to the decedent and whether or not he formed a part of the decedent's household at the date of his death;(3) if petitioner be the surviving spouse, the date and place of the ceremonial marriage, and the name and official capacity of the person who performed the ceremony; or, in the case of a common law marriage, all averments necessary to establish the validity of such marriage;(4) whether the decedent died testate or intestate; where, when and to whom letters were granted, and the amount of bond given by the personal representative;(5) the names, relationships and a brief description of the interest of all persons entitled to share in the decedent's estate under the will or intestate laws, stating which are minors, incapacitated persons or deceased, with the names of their fiduciaries, and whether any of them has received or retained any property of the decedent by payment of wages under Section 3101 of the Probate, Estates and Fiduciaries Code (20 Pa. C.S. Sec 3101) or otherwise;(6) the person entitled to the family exemption, and the facts on which the claim is based;(7) an itemized statement of the property of the decedent and an appraisal thereof;(8) the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and the nature and amount of each payment;(9) the names and all unpaid claimants of whom the petitioner has notice or knowledge; the nature and amount of each claim; and whether such claims are admitted;(10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Register; the amount of any inheritance tax assessed; and the date of payment thereof;(11) that ten days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown; and(12) a prayer for distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative and the release of their surety, if letters have been granted and advertised.(b) Exhibits. The following exhibits will be attached to the petition;(1) a copy of decedent's will;(2) consents of the surety, and of unpaid beneficiaries, heirs and claimants who consent thereto;(3) a copy of the notice given; and(4) the inheritance tax voucher, or in lieu therefore a statement from the Pennsylvania Department of Revenue that no tax is due.(c) Appraisal. No formal appraisal is required, unless ordered by the Court.