CONTENTS
RULE 1 - JUDGES AND
LOCAL RULES
Rule 1.2.1. Citation of Rules.
Rule 1.2.2. Petitions and Motions.
Rule 1.2.5. Depository of the Court.
RULE 2 - CONSTRUCTION
AND APPLICATION OF RULES
RULE 3 - PLEADINGS AND
PRACTICE
Rule 3.2.1. Pleadings, Motions and Petitions.
Rule 3.2.2. Pleadings, Disposition, Issues of Fact or Law.
Rule 3.4.2. Consents. Joinders. Form.
Rule 5.1.1. Notice. Legal Publication.
Rule 5.2.1. Method. Person under Incapacity. No Guardian or Trustee.
Rule 5.4.1. Notice. Additional Requirements.
Rule 5.5.1. Charities. Notice to the Attorney General.
RULE 6 - ACCOUNTS AND
DISTRIBUTION
Rule 6.1.2. Form of Accounts. Additional requirements.
Rule 6.3.1. Notice To Parties in Interest.
Rule 6.4.1. Accounts. Time for Filing.
Rule 6.9.1. Accounts. Papers to be Submitted.
Rule 6.10.1. Objections. Form and Content.
Rule 6.10.2. Objections. Time for Filing.
Rule 6.10.3 Objections. Deposit on Account of Fees and Costs.
Rule 6.10.4 Objections. Service. Return.
Rule 6.10.5. Objections. Failure to Make, Effect.
Rule 6.11.1. Accounts. Confirmation.
Rule 6.11.2. Distribution Under Section 3534 of P.E.F. Code.
Rule 6.11.3. Settlement of Small Estates. Contents of Petition.
Rule
7.1.1. Exceptions. Form and Contents.
Rule
7.1.2. Exceptions. Time for Filing.
Rule
7.1.3. Exceptions. Partial Distribution.
Rule
8.1.2. Notice of Hearing. Hearings.
Rule
8.5.1. Transcript of Testimony.
Rule 8.6.1. Filing of Report. Notice of Filing. Proof of Notice.
Rule 8.7.1. Report of Auditor or Master. Disposition Procedure.
Rule 8.8.l. Compensation and Security.
Rule 9.1.1. Official Examiners.
Rule 9.1.2. Official Examiners. Compensation.
Rule 10.1.1. Appeals from Grant of Letters
Rule 10.1.2. Form of Appeal from Register of Wills Decision.
Rule
10.2.1. Inheritance Tax Appeals.
Rule 12.1.1. Family Exemption. Appraisal
Rule 12.1.2. Family Exemption. Allowance.
Rule 12.1.3. Family Exemption. Risk Distribution Prior to Confirmation.
Rule
12.2.1. Allowance to Surviving Spouse of Intestate. Appraisal.
Rule 12.3.1. Election of Surviving Spouse. Filing of Petition for Extension of Time.
Rule
12.5.1. Appointment of Guardian for Minor. Consents Required.
Rule 12.5.2. Guardians. Minors. Bond. Restricted Account.
Rule 12.5.4. Minor's Estate. Allowances. Approval of Court.
Rule 12.9.1. Public Sale of Real Property. Contents of Petition.
Rule 12.9.2. Notice of Public Sale of Real Property.
Rule 12.9.3. Public Sale of Real Property. Return of Sale.
Rule 12.9.4. Public Sale of Real Property. Decree.
Rule
12.10.1. Private Sale of Real Property.
Rule
12.10.2. Private Sale of Real Property. Public Notice of Sale. Form of Notice.
Rule
12.10.4. Confirmation of Sale.
Rule
12.11.1. Mortgage of Real Property.
Rule
12.11.2. Pledge, Lease, or Exchange of Real Property.
Rule
12.12.1. Inalienable Property. Public Sale.
Rule
12.12.3. Inalienable Property. Private Sale.
Rule
12.12.4. Inalienable Property. Mortgage.
RULE 14-GUARDIANSHIP OF INCAPACITATED PERSONS
Rule
14.1. Form of Preliminary Decree.
Rule
14.2. Testimony Regarding Incapacity or Incompetency. Deposition.
Rule
14.3. Accounts of Guardians.
Rule
14.4. Annual Report of Guardian of Person of Incapacitated Person
Rule
15.1.1. Local Practice and Procedure.
Rule
15.2.1. Voluntary Relinquishment to Agency.
Rule
15.3.1. Voluntary Relinquishment to Adult Intending to Adopt Child.
Rule
15.3.2. Alternative Procedure for Relinquishment.
Rule
15.4.1 Involuntary Termination of Parental Rights.
Rule
15.4.2. Form of Petition for Involuntary Termination.
Rule
15.4.3. Form of Decree Nisi and Final Decree
Rule
15.8.1. Registration with the Court of Authorized Persons.
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Index to Orphans' Court Rules |
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References are
to Rule Numbers |
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ACCOUNTS AND DISTRIBUTION
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See also Family Exemptions |
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Accounts |
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Account to be
filed in every estate |
6.1.1 |
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Additional
requirements regarding form |
6.91 |
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Advertisement |
6.3.1 |
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Audit of |
6.11.1, 6.3.1 |
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Confirmation of |
6.11.1 |
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Continued audit |
6.1.2 |
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Distributions
under Section 3534 of PEF Code |
6.11.2 |
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Exceptions to (see
Objections, infra) |
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Execution of |
6.1.2 |
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Family Settlement Agreement
in lieu of audit and confirmation |
6.1.1 |
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Filing, time for |
6.4.1 |
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Form of |
6.1.2 |
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Incapacitated
person's estate, by guardian of |
14.3 |
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Notice to parties
in interest |
6.3.1 |
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Objections |
6.10.1 |
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Objections, deposit
for costs and fees |
6.10.3 |
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Objections, effect
of failure to make |
6.10.5 |
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Objections, proof
of service |
6.10.4 |
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Service |
6.3.1 |
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Small estates,
petition for settlement of |
6.11.3 |
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Statement of proposed distribution |
6.9.1 |
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Distribution |
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Distributions
under Section 3534 of PEF Code |
6.11.2 |
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Partial
distribution pending exceptions |
7.1.3 |
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Risk distribution
prior to confirmation |
12.1.3 |
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Statement of
proposed distribution |
6.9.1 |
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ADJUDICATIONS |
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Exceptions to |
7.1.1-7.1.3 |
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ADOPTIONS |
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Affidavit of
search, form of |
15.4.2 |
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Exhibits required |
15.1.2 |
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Consents, petition
to confirm |
15.3.2 |
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Counsel,
appointment of |
15.4.1 |
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Decree, form of |
15.43 |
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Forms |
15.4.2-15.4.3 |
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Guardian ad litem,
appointment of |
15.4.1 |
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Involuntary termination of
parental rights |
15.4.1 |
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Involuntary termination of
parental rights, form of decree for |
15.4.2 |
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Involuntary termination of
parental rights, form of petition |
15.4.2 |
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Involuntary
termination of parental rights, procedure |
15.4.1 |
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Local practice and
procedure |
15.1.1 |
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Petition to confirm
consents |
15.3.2 |
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Registration with the
Court of authorized persons |
15.8.1 |
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Relinquishment,
alternative procedure |
15.3.2 |
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Representation of minors |
15.4.1 |
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Voluntary relinquishment
to adult intending to adopt |
15.3.1 |
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Voluntary relinquishment
to agency |
15.2.1 |
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ALLOWANCE TO SURVIVING
SPOUSE |
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Appraisal of
property |
12.2.1 |
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APPEALS |
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Appeal from
register of wills, form of |
10.1.2 |
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Inheritance tax
appeals |
10.2.1 |
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APPRAISALS |
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Allowance to
surviving spouse |
12.2.1 |
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Family exemption, |
12.1.1 |
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Private sale of
real property |
12.10.1 |
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ARGUMENT LIST |
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Exceptions to accounts |
6.3.1, 6.11.1 |
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ATTORNEYS |
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Endorsement of
pleadings |
1.2.4,
3.4.1 |
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Service of
pleadings upon |
3.2.1 |
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Signature on
pleadings
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3.4.1
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AUDITORS AND
MASTERS
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Appointment of |
8.1.1 |
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Compensation of. |
8.8.1 |
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Exceptions to
reports of. |
7.1.2,
8.7.1 |
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Hearing of |
8.1.2 |
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Notice of hearing |
8.1.2 |
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Reports of,
confirmation procedure |
8.7.1 |
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Reports of, filing |
8.6.1 |
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Security for
payment of costs and fees. |
8.8.1 |
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Testimony,
transcript of |
8.5.1 |
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AUDITS (see Accounts and Distribution, supra)
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BRIEFS
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Form of
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1.2.3
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BUSINESS OF
COURTS
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See also Pleading and Practice |
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Argument list |
6.3.1, 6.11.1 |
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Attorneys |
1.2.4 |
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Authorized
persons, registration with the Court |
15.8.1 |
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Citation of rules |
1.2.1 |
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Pleadings, motions
and petitions |
3.2.1 |
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CHARITIES
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Notice to the Attorney General, when required
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5.5.1
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CITATION |
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Definition of |
2.3.1 |
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CITATION OF RULES |
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Citation of Rules |
1.2.1 |
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DEPOSITORY OF
THE COURT
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Deposit of money or securities
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1.2.5
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EXAMINERS,
OFFICIAL
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Appointment of |
9.1.1 |
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Compensation of |
9.1.2 |
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EXCEPTIONS |
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Form and contents |
7.1.1 |
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Partial
distribution |
7.1.3 |
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Proof of service
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7.1.2
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Time for filing
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7.1.2
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FAMILY
EXEMPTION
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Allowance prior to
confirmation, petition for |
12.1.2 |
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Appraisal |
12.1.1 |
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Objections |
12.1.2 |
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Risk distribution |
12.1.3 |
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FAMILY SETTLEMENT
AGREEMENT
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Contents of
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6.1.1
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In lieu of audit
and confirmation of account
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6.1.1
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FEES AND COSTS |
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Master's fees and
costs, deposit for |
8.8.1 |
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Official
examiner
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9.1.2
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FILING OF PAPERS
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See also Accounts and Distribution |
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Attorney's name
and I.D. number to be noted on pleadings |
1.2.4 |
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Exceptions |
7.1.2 |
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Petitions and
motions to cite statutory authority or rule number |
1.2.2 |
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FORMS |
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Account |
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Form of |
6.1.2 |
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Notice of
confirmation |
6.3.1 |
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Adoption
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Affidavit of search |
15.4.2 |
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Involuntary termination of
parental rights, decree of |
15.4.3 |
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Involuntary
termination of parental rights, petition for |
15.4.2 |
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Consent or joinder |
3.4.2 |
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Incapacitated persons |
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Account of guardian of |
14.3 |
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Annual report of guardian of |
14.4 |
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Decree for guardianship,
preliminary |
14.1 |
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