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Appointment; purpose - 20 Pa. Cons. Stat. § 751Legal Research Home > Pennsylvania Statutes
SUBCHAPTER F
MASTERS, AUDITORS, EXAMINERS, GUARDIANS AD
LITEM AND TRUSTEES AD LITEM
Sec.
751. Appointment; purpose.
752. Compensation.
753. Subpoenas.
754. Power to administer oaths (Repealed).
§ 751. Appointment; purpose.
The orphans' court division may appoint:
(1) Masters.--A master to investigate any issue of fact
and to report his findings of fact, conclusions of law and
recommendations to the court.
(2) Auditors of accounts of fiduciaries.--Except in the
circumstances prohibited by law, an auditor to examine and
audit an account and to determine distribution.
(3) Auditors to state accounts.--An auditor to state an
account when a proper account cannot be obtained from a
fiduciary or other person required to state an account.
(4) Examiners of assets.--By general rule or special
order, an examiner or examiners to make periodic or special
examinations of assets of estates or trusts, and to require
all persons in whose custody or control such assets may be
held to present them for examination.
(5) Guardians and trustees ad litem.--On petition or on
its own motion, a guardian or a trustee ad litem to represent
the interest, not already represented by a fiduciary, of:
(i) a person not sui juris; or
(ii) an absentee; or
(iii) a presumed decedent; or
(iv) an unborn or unascertained person.
(6) Representation of parties in interest.--Persons
interested in an estate as beneficiary or heir, if minors or
otherwise legally incapacitated, and possible unborn or
unascertained persons, may be represented in a judicial
proceeding by a guardian or trustee ad litem if the court
deems necessary. The court may dispense with the appointment
of a guardian or trustee ad litem for a person who is a minor
or otherwise legally incapacitated, unborn or unascertained
if there is a living person sui juris having a similar
interest or if such person is or would be issue of a living
ancestor sui juris and interested in the estate whose
interest is not adverse to his. If the whereabouts of any
beneficiary or heir is unknown or if there is doubt as to his
existence, the court shall provide for service of notice and
representation in the judicial proceeding as it deems proper.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 7, 2006,
P.L.625, No.98, eff. 120 days)
2006 Amendment. Act 98 amended par. (6).
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Last modified: November 27, 2007 |