Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 is a commonly used form within Pennsylvania. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16:

• This form pertains to the State of Pennsylvania

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Pennsylvania’s Form OC-04 - Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Pennsylvania form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Pennsylvania probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form OC-04, take a break, and then review. Probate and estate settlement processes in PA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form OC-04 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form OC-04 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Pennsylvania.

5 reasons you should submit OC-04 as quickly as possible:

1. The sooner you begin, the faster Pennsylvania can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Pennsylvania. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Pennsylvania is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Pennsylvania probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Pennsylvania probate clerk or court for exact answers regarding Form OC-04, and when in doubt— consult a qualified trust & estates lawyer for that area.

Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 is one of the many probate court forms available for download through Atticus.

It may also be available through some Pennsylvania probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Pennsylvania.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form OC-04 - Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Pennsylvania probate court office.

Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16 is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Pennsylvania-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Pennsylvania Form OC-04 - Guardianship Of Minor: Petition For Adjudication/statement Of Proposed Distribution Pursuant To Pa. O.c. Rule 2.4 Eff 09 01 16. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 6 Form OC-04 eff. 09.01.16 GUARDIANSHIP OF MINOR COURT OF COMMON PLEAS OF ORPHANS’ COURT DIVISION ESTATE OF No. PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 2.4 This form shall be used in all cases involving the Audit or Confirmation of the Account of a Guardian of the Estate of a minor or late minor. If space is insufficient, riders may be attached. Attach the papers required under items 2 and 5, as a pplicable, and any instrument pertinent to the adjudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: _______________________________________________________________ Supreme Court I.D. No.: __________________________________________________________ Name of Law Firm: ______________________________________________________________ Address: ______________________________________________________________________ Telephone: ____________________________________________________________________ Fax: __________________________________________________________________________ Email: ________________________________________________________________________ ______________________________________________________________________ , A MINOR ACCOUNT OF ___________________________________________________, GUARDIAN Estate of , A Minor Form OC-04 eff. 09.01.16 Page 2 of 6 1 . Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: Address: 2. 3. A. Explain the reason for filing this Account (if minor has come of age, state date minor attained majority). B. Is this the first accounting for this estate? . . . . . . . . . . . . . . . . . . . . . Yes No 4. A. Identify each unpaid claim against the minor or the minor's estate and describe in detail (if none, so state): Identify any Guardian of the Estate who have not joined in the Petition for Adjudication/Statement of Proposed Distribution and/or the Account and state reason: Judicial District or County Appointing Guardian: Date of Appointment as Guardian: Attach copy(ies) of Decree(s). If not, identify prior accountings, the accounting periods covered, and the dates of adjudication of the prior accountings. _________________________ Estate of , A Minor Form OC-04 eff. 09.01.16 Page 3 of 6 5. Written Notice of the Account's filing as required by Pa. O.C. Rule 2.5 has been or will be given to all interested parties listed in item 6 below. In addition, notice of any known unpaid claim not admitted, all questions requiring adjudication, and any requested fees as discussed in item 4 above has been or will be given to all persons affected thereby. A. I f Notice has been given, attach a copy of the Notice as well as a list of th e names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit or filed before the date of the last day for filing objections in counties without separate Orphans' Court Divisions together with a statement executed by a Petitioner or counsel certifying that such Notice has been given. C. If any such interested party is not sui juris (e.g., minors or incapacitated persons), Notice of the Account's filing has been or will be given to the appropriate representative on such party’s behalf as required by Pa. O.C. Rule 4.2. B. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: C. If guardian or attorney fees are being claimed, state amount and the period covered for the requested fees: Estate of , A Minor Form OC-04 eff. 09.01.16Page 4 of 6 B . Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. 7. If prescribed by local rule as permitted by Pa. O.C. Rule 2.9, is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . Yes No Name and Address of Each Interested PartyRelationship and Comments, if anyInterest A. State each party’s relationship to the minor and the nature of each party's interest(s): List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate, including the minor’s heirs at law. This list shall: 6. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed (see Pa. O.C. Rule 5.5). Estate of, A Minor Form OC-04 eff. 09.01.16 Page 5 of 6 Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in pr oportions, not amounts) are as follows: A. In come: Proposed Distributee(s)Amount/Proportion B. Principal: Proposed Distributee(s)Amount/Proportion Submitted By: ( All petitioners must sign . Place additional sig natures on attachment if necessary): Corporate Fiduciary (if applicable) __________________________________________ ____________________________________________ Name of Corporate Fiduciary Name of Petitioner ___________________________________________ ____________________________________________ Name of Representative and Title Signature of Petitioner ___________________________________________ ____________________________________________ Signature of Officer/Representative Name of Petitioner ____________________________________________ Signature of Petitioner Estate of Page 6 of 6 Form OC-04 eff. 09.01.16 (Verification must be by at least one petitioner.) Verification for Individual Petitioner The undersigned hereby verifies th at the averment of facts set forth in the foregoing Petition for Adjudication/Sta tement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. The undersigned hereby verifies that he/she _________ is title ____________________________ of the above-named name of corporation _________________________________________________ and that the averment of facts set forth in the foregoing Petition for Adjudication/Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Verification for Corporate Petitioner , A Minor __________________________________ Date ______________________________________ Signature of Petitioner __________________________________ Date __________________________________________ Signature of Representative for Corporate Petitioner __________________________________ Date ______________________________________ Signature of Counsel for Petitioner