Petition For Adjudication - Decedent's Estate Eff 1 1 20

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.

Petition For Adjudication - Decedent's Estate Eff 1 1 20 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 Petition For Adjudication - Decedent's Estate Eff 1 1 20

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Adjudication - Decedent's Estate Eff 1 1 20:

• 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-01 - Petition For Adjudication - Decedent's Estate Eff 1 1 20 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-01, 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-01 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-01 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 Petition For Adjudication - Decedent's Estate Eff 1 1 20 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-01 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-01, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Adjudication - Decedent's Estate Eff 1 1 20 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-01 - Petition For Adjudication - Decedent's Estate Eff 1 1 20 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.

Petition For Adjudication - Decedent's Estate Eff 1 1 20 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-01 - Petition For Adjudication - Decedent's Estate Eff 1 1 20. You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 11 Form OC-01 rev 01.01.20 DECEDENT’S ESTATE COURT OF COMMON PLEAS OF ORPHANS’ COURT DIVISION ESTATE OF________________________________, DECEASED 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 Decedent’s Estate. If space is insufficient, riders may be attached. Attach the papers required under items 1, 2, 4, 8, 10, 16-19, as applicable, 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: _______________________________________________________________________ Form OC-01 rev. 01.01.20 Page 2 of 11 Estate of , Deceased 1. Name(s) and address(es) of Petition er(s): Name:___________________________________________ Address: ________________________________________ __________________________________________ ___________________________________________________ Identify any Executors or Administrators who have not joined in the Petition for Adjudication/Statement of Proposed Distribution and/or the Account and state reason: Is this the first accounting for this estate? . . . . . . . . . . . . . . . . . . . . . Yes No If not, identify prior accountings, the accounting periods covered, and the dates of adjudication of the prior accountings. Pursuant to 20 Pa.C.S. § 3501.2, if property from a trustee, guardian, or agent acting under a power of attorney is being received into the estate, an Account of the administration of such trust, guardianship, or principal’s estate may be annexed to the Estate Account. Is any such Account annexed to this Estate Account? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No If so, the annexed Account and the appropriate fully completed Petition for Adjudication/Statement of Proposed Distribution for the annexed matter should be filed as Exhibits to this Petition. 2. Decedent died on Letters Testamentary or Letters of Administration were granted to Petitioner(s) on No . Date of Will (if applicable): Date(s) of Codicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? Yes No If yes, state amount: Are proofs of a dvertising of the grant of Letters attached? . . . Yes Dates of advertising of the grant of Letters: Petitioner:Petitioner: ___________________________________________________ ___________________________________________________ Page 3 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased 3.Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . Yes No If yes, name of the surviving spouse: 4. Has the surviving spouse filed to take an elective share? . . Yes No (see 20 Pa.C.S. §§ 2201 et seq.) If yes, attach a copy of the election and state date of election: 5. In the case of an intestacy, state the names of the decedent’s surviving children or surviving issue of deceased children (if none, so state): 6.Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . Yes Were any children born to decedent after execution of Will or Codicil(s)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No N/A If yes, give names and dates of birth: Name: Date of Birth: N/A N/A No N/A Was a request for a statement of claim, as required by the Medical Assistance Human Services? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 7. E state Recovery Act, 62 P.S. § 1412, sent to the Department of Page 4 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased A.If Notice has been given, attach a copy of the Notice as well as a list of the 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 person is not sui juris (e.g., minors or incapacitated persons), Notice has been or will be given to the appropriate representat ive on such party’s behalf as required by Pa. O.C. Rule 4.2. D.If any charitable interest is involved, Notice has been or will also be given to the Attorney General as required under Pa. O.C. Rule 4.4. In addition, the Attorney General’s clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit or filed before the date of the last day for filing objections in counties without separate Orphans' Court Divisions. Name and Address of Each Interested PartyRelationship and Comments, if anyInterest 8. 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 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring adjudication as discussed in item 15 below has been or will be given to all persons affected thereby. If one of the beneficiaries is a trust or another estate and any of the accountants is als o a fiduciary of the receiving trust or estate, provide written notice of the Account's filing to the beneficiaries of the trust or receiving estate, as applicable, if known. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will (if beneficiary is a trust, name the trust and trustee as the Interested Party) or Codicil(s) or as interstate heirs if there is a complete or partial intestacy. This list Shall: A. State each party’s relationship to the decedent and the nature of eac h p arty’s i nterest(s): Page 5 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased Name and Address of Each Interested PartyRelationship and Comments, if anyInterest 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. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed (see Pa. O.C. Rule 5.5). Page 6 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased D. If distribution is to be made to the personal representative of a deceased 10.Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each ClaimantAmount of ClaimClaim Admitted? Will Claim Be Paid In Full? No Yes Yes No Yes No Yes No Yes No Yes No Yes No If the estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. § 3392 and the proposed payments. party, state date of death, date and place of grant of Letters and type of Letters granted. Yes No Page 7 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased 11. Was family exemption claimed? ............................................... Was family exemption allowed? ............................................... Family exemption claimant’s name and relationship: Name: Relationship: 12.The amount of Pennsylvania Transfer Inheritance Tax paid, the date(s) of payment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest 13.On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . If yes, provide the name of the estate, indicate whether an Account has been filed and confirmed and all awards performed, or, in the alternative, how the decedent’s estate will be discharged for the decedent’s fiduciary administration of the estate. Yes No Yes No Yes No Form OC-01 rev. 01.01.20 Page 8 of 11 Estate of , Deceased 14.On the date of death, was the decedent a party (as a plaintiff or defendant) in any litigation? . . . . . . . . . . . . . . . . . . . . . . . . N o If yes, provide the caption of the litigation, docket number, where the matter is currently pending, and its status. 15.A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? . . . . . . . . . . . Yes No 16.If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed, or attached, provide a copy of the assignment, renunciation, disclaimer, or attachment, together with any relevant supporting documentation and list the attached documents below. Yes Page 9 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased 17.Had the decedent been adjudicated an incapacitated person? Yes No If yes, attach a copy of the Order if available; otherwise state the Court, docket number, date, and name of Hearing Judge. 18.A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? . . . . . 19.If a reserve is requested, state amount and purpose. Amount: Purpose: If a reserve is requested for counsel fees, has notic e of the amount of fees to be paid from the r eserve b een given t o t he interested parties ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No If so, attach a copy of the notice. Yes No Page 10 of 11 Form OC-01 rev. 01.01.20 Estate of , Deceased 20. 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?. . . . $V to reaO eVtate oQO\\\\ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 proportions, not amounts) are a s follows: A. Income: Proposed Distributee(s)Amount/Proportion B. Principal: Proposed Distributee(s) Amount/Proportion Submitted By: (All petitioners must sign. Place additional signatures on attachment if necessary): Yes No Yes No ___________________________________________ Name of Petitioner Signature of Petitioner ___________________________________________ Name of Petitioner ___________________________________________ Signature of Petitioner Corporate Fiduciary (if applicable) ___________________________________________ Name of Corporate Fiduciary ___________________________________________ Name of Representative and Title ___________________________________________ Signature of Officer/Representative Estate of , Deceased Page 11 of 11 Form OC-01 rev. 01.01.20 (Verification must be by at least one petitioner.) Verification for Individual Petitioner The undersigned hereby verifies 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). Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ S tatement 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. Verification for Corporate Petitioner 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). ____________________________ Date _________________________________________ Signature of Representative for Corporate Petitioner ____________________________ Date __________________________________________ Signature of Petitioner ___________________________ Date __________________________________________ Signature of Counsel for Petitioner