Pennsylvania Probate Form OC-05

Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16

Everything you need to know about Pennsylvania Form OC-05, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related PA probate forms.

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About Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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.

Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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:

View Form OC-05

PA Form OC-05, which may also referred to as Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16, is a probate form in Pennsylvania. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16:

  • This form pertains to the State of Pennsylvania

  • The official Pennsylvania source for this form is here.

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 ’s Form OC-05 - Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16 up to date, certain details can change from time-to-time with little or no communication.

How to file Form OC-05

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-05, 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-05 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-05 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 - Principal's Estate (Under Power Of Attorney) 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16 is due

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-05 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-05, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form OC-05 Online

Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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-05 - Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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.

Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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.

View Form OC-05

PA Form OC-05, which may also referred to as Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16, is a probate form in Pennsylvania. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form OC-05 - Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16 is a probate form in Pennsylvania.

  • Pennsylvania has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Pennsylvania.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Pennsylvania, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition For Adjudication - Principal's Estate (Under Power Of Attorney) Eff 09 01 16

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form OC-05

Here’s the text, verbatim, that is found on Pennsylvania Form OC-05 - Petition For Adjudication - Principal's Estate (Under Power Of Attorney) 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.

Form OC-05 eff. 09.01.16 Page 1 of 8 PRINCIPAL’S ESTATE (Under Power of Attorney) COURT OF COMMON PLEAS OF ESTATE OF , PRINCIPAL ACCOUNT OF , AGENT(S) * 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 one or more Agents acting under a Power of Attorney. If space is insufficient, riders may be attached. Attach the papers required under items 3, 4 and 9, 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: *The term “Agent” shall include any person designated as an “attorney-in-fact” or acting in a similar capacity by the Principal’s delegation. ORPHANS' COURT DIVISION ______________________________________________________________________ Email: ________________________________________________________________________ Estate of , Principal Form OC-05 eff. 09.01.16 Page 2 of 8 1.Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: Address: Name(s) and address(es) of Agent(s) (if not Petitioner(s)): Name: Address: 2 . Name and address of Principal (and, if applicable, of any Guardian appointed for Principal, of each personal representative for any Principal or Agent who has died, and of his or her counsel, identifying the capacity o f each): 3. A. Date of Principal’s Power of Attorney under which Agent(s) acted: B. Date Agent(s) first exercised control of Principal’s assets under Power of Attorney: ( Attach copy of each different Power of Attorney granted to Agent(s) by Principal and copy of an y Decree involving Agent(s) f or Principal). Agent: Agent: Identify any Agents who have not joined in the Petition for Adjudication/Statement of Proposed Distribution and/or the Account and state reason: Judicial District or County where Principal resides, or if Principal is deceased, where Letters were issued:______________________________________________ Estate of , Principal Form OC-05 eff. 09.01.16 Page 3 of 8 4. A. Ex p lain the reason for filing this Account (if Principal or Agent has died, state date of death, and attach a Short Certificate; if Principal has been adjudicated incapacitated, state date of Decree, and attach a copy): 5. Describe all gifts/transfers for less than full and adequate consideration made under the Power of Attorney. Identify each recipient’s name, address, and relationship to Principal and/or Agent, amount of each gift/transfer, nature of each (cash or kind), and date made, with any additional explanation deemed appropriate (if none, so state): 6. Identify every asset or interest (include title or registration and value) of Principal known to Petitioner(s) and not identified in Account, whether or not in possession or control of Petitioner(s) (if none known, so state): B. Is this the first accounting for this Principal's estate?. . . . . . . . . . . . . Yes No If not, identify prior accountings, the accounting periods covered, and the dates of adjudication of the prior accountings. Estate of , Principal Form OC-05 eff. 09.01.16 Page 4 of 8 7 . Identify each existing safe deposit box of or for Principal and each one closed by Agent(s) (if not applicable, so state): Institution & Address Box No. Title or RegistrationDate Closed (if applicable) Are the entire contents of each safe deposit box identified in item 7 above included in the filed Account? ... ......................... Yes No If not, explain: 8. A. Identify each known unpaid claim against Principal or Principal’s estate and describe each in detail (if none, so state): B. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: Estate of , Principal Form OC-05 eff. 09.01.16 Pag e 5 of 8 9. Written Notice of the Account's filing as required by Pa. O.C. Rule 2.5 has been or will be given to each interested party in the matter. In addition, notice of any known unpaid claim not admitted, all questions requiring adjudication, and any requested fees as described in item 8 above has been or will be given to all parties affected thereby. 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 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. C. If fees are being claimed by the Agent or an attorney, state amount and the period covered for the requested fees: 10.List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the Principal's estate. This list shall: A. State each party’s relationship to the Principal and the nature of each party's interest(s): Name and Address of Each Interested Party Relationship and Comments, if any Interest Estate of , Principal Form OC-05 eff. 09.01.16 Page 6 of 8 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). 11.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 Estate of , Principal 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 as 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): 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 Form OC-05 eff. 09.01.16 Page 7 of 8 Estate of , Principal Page 8 of 8 Form OC-05 eff. 09.01.16 (Verification must be by at least one petitioner.) Verification for Individual Petitioner The undersigned hereby verifies th at the aver ment of f acts set forth in the foregoing Petition for Adjudication/Sta temen t 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 ________________________________ Date ______________________________________ Signature of Petitioner _______________________________ Date __________________________________________ Signature of Representative for Corporate Petitioner ______________________________ Date _________________________________________ Signature of Counsel for Petitioner

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