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Mandatory exercise of jurisdiction through orphans' court division in general - 20 Pa. Cons. Stat. § 711Legal Research Home > Pennsylvania Statutes
SUBCHAPTER B
JURISDICTION
Sec.
711. Mandatory exercise of jurisdiction through orphans' court
division in general.
712. Nonmandatory exercise of jurisdiction through orphans'
court division.
713. Special provisions for Philadelphia County.
714. Conflict of laws.
715. Incidental powers (Repealed).
§ 711. Mandatory exercise of jurisdiction through orphans'
court division in general.
Except as provided in section 712 (relating to nonmandatory
exercise of jurisdiction through the orphans' court division)
and section 713 (relating to special provisions for Philadelphia
County), the jurisdiction of the court of common pleas over the
following shall be exercised through its orphans' court
division:
(1) Decedents' estates.--The administration and
distribution of the real and personal property of decedents'
estates and the control of the decedent's burial.
(2) Testamentary trusts.--The administration and
distribution of the real and personal property of
testamentary trusts, and the reformation and setting aside of
any such trusts, whether created before or after the
effective date of this chapter, except any testamentary trust
created before the effective date of the Fiduciaries Act of
1917, jurisdiction of which was acquired by the court of
common pleas prior to January 1, 1969 unless the president
judge of such court orders the jurisdiction of the trust to
be exercised through the orphans' court division.
(3) Inter vivos trusts.--The administration and
distribution of the real and personal property of inter vivos
trusts, and the reformation or setting aside of any such
trusts, whether created before or after the effective date of
this chapter, except any inter vivos trust jurisdiction of
which was acquired by the court of common pleas prior to
January 1, 1969 unless the president judge of such court
orders the jurisdiction of the trust to be exercised through
the orphans' court division.
"Inter vivos trust" means an express trust other than a
trust created by a will, taking effect during the lifetime or
at or after the death of the settlor.
It includes:
(i) a life insurance trust;
(ii) a trust created under a deed, agreement, or
declaration except as hereinafter excluded;
(iii) a common trust fund or mortgage investment
fund created by a corporate fiduciary for the investment
of funds held by it as fiduciary or co-fiduciary;
(iv) a tentative trust; and
(v) similar trusts.
"Inter vivos trust" does not include:
(vi) a resulting or constructive trust created by
operation of law;
(vii) a trust for creditors;
(viii) an escrow relationship;
(ix) a temporary trust to hold disputed property;
(x) a principal and agent relationship;
(xi) a trust primarily for the benefit of business
employees, their families or appointees, under a stock
bonus, pension, disability or death benefit, profit-
sharing or other employee-benefit plan;
(xii) a trust for bondholders;
(xiii) a mortgagee in possession relationship;
(xiv) a business trust, including a trust subject to
15 Pa.C.S. Ch. 95 (relating to business trusts); and
(xv) similar trusts or fiduciary relationships.
(4) Minors' estates.--The administration and
distribution of the real and personal property of minors'
estates.
(5) Custodianships for minors' property.--Matters
relating to custodianship of the property of minors, as
provided by law.
(6) Guardian of persons of minors.--The appointment,
control and removal of the guardian of the person of any
minor.
(7) Adoptions.--Adoptions, subject to the provisions of
section 713.
(8) Custody of minors.--The determination of the right
to the custody of a minor in connection with any proceeding
for his adoption or for the appointment of a guardian of his
person, except as provided in section 713.
(9) Birth records.--Except as provided in section 713,
all proceedings which may be necessary to be presented to a
court for determination with regard to issues concerning
recordation of birth and birth records or the alteration,
amendment or modification of such birth records or the right
to obtain a certified copy of the same. Whenever a person is
entitled to take an appeal from the action of the Department
of Health in connection with any matters concerning birth
records the appeal shall be taken to the orphans' court
division of the county in which the person is a resident. In
all other matters in which a petition is addressed to a court
in connection with matters of birth records, the filing of
which petition is not in the nature of an appeal but is an
original proceeding, shall be filed and determined by the
orphans' court division of the county in which the petitioner
resides.
(10) Incapacitated persons' estates.--The administration
and distribution of the real and personal property of the
estates of incapacitated persons, except where jurisdiction
thereof was acquired by the court of common pleas prior to
January 1, 1969 unless the president judge of such court
orders the jurisdiction of the estate to be exercised through
the orphans' court division.
(11) Absentees' and presumed decedents' estates.--The
administration and distribution of the real and personal
property of absent persons and of presumed decedents.
(12) Fiduciaries.--The appointment, control, settlement
of the accounts of, removal and discharge of, and allowance
to and allocation of compensation among, all fiduciaries of
estates and trusts, jurisdiction of which is exercised
through the orphans' court division, except that the register
shall continue to grant letters testamentary and of
administration to personal representatives as heretofore.
(13) Specific performance of contracts.--To enforce
specifically the performance by either party of any agreement
made by a decedent to purchase or sell real or personal
property.
(14) Legacies, annuities and charges.--Proceedings for
the enforcement of legacies, annuities and charges placed on
real or personal property by will, inter vivos trust, or
decree of an orphans' court or orphans' court division or for
the discharge of the lien thereof.
(15) Construction of administrative power.--The
construction of an administrative power as to real estate
proposed to be exercised by a fiduciary of an estate or
trust, jurisdiction of which is exercised through the
orphans' court division.
(16) Disposition of title to real estate to render it
freely alienable.--The disposition of any interest in real
estate of one disabled from dealing with it when title to it
has been acquired by descent or will, or is in an estate or
trust jurisdiction of which is exercised through the orphans'
court division.
(17) Title to personal property.--The adjudication of
the title to personal property in the possession of the
personal representative, or registered in the name of the
decedent or his nominee, or alleged by the personal
representative to have been in the possession of the decedent
at the time of his death.
(18) Appeals and proceedings from registers.--Appeals
from and proceedings removed from registers.
(19) Marriage licenses.--Marriage licenses, as provided
by law.
(20) Inheritance and estate taxes.--Matters relating to
inheritance and estate taxes, as provided by law.
(21) Nonprofit corporations.--The administration and
proper application of funds awarded by an orphans' court or
an orphans' court division to a nonprofit corporation
heretofore or hereafter organized under the laws of the
Commonwealth of Pennsylvania for a charitable purpose at the
direction of the orphans' court or orphans' court division or
at the direction of a settlor or testator of a trust or
estate, jurisdiction of which is exercised through the
orphans' court division except as the administrative,
presiding or president judge of such division disclaims the
exercise of future jurisdiction thereof.
(22) Agents.--All matters pertaining to the exercise of
powers by agents acting under powers of attorney as provided
in Subchapter C of Chapter 54 (relating to health care agents
and representatives) or in Chapter 56 (relating to powers of
attorney).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 21, 1988,
P.L.1444, No.177, eff. Oct. 1, 1989; Apr. 16, 1992, P.L.108,
No.24, eff. 60 days; Dec. 16, 1992, P.L.1163, No.152, eff. imd.;
Oct. 12, 1999, P.L.422, No.39, eff. 60 days; Nov. 29, 2006,
P.L.1484, No.169, eff. 60 days)
2006 Amendment. Act 169 amended par. (22).
1992 Amendments. Act 24 amended par. (10) and Act 152
amended par. (2). See section 21 of Act 24 in the appendix to
this title for special provisions relating to applicability. See
section 27(b) of Act 152 in the appendix to this title for
special provisions relating to applicability.
1988 Amendment. Act 177 amended par. (3).
1974 Amendment. Act 293 amended the intro. par. and par.
(10).
Cross References. Section 711 is referred to in sections
712, 713 of this title; section 102 of Title 15 (Corporations
and Unincorporated Associations); section 933 of Title 42
(Judiciary and Judicial Procedure).
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Last modified: November 27, 2007 |
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