20 Pennsylvania Consolidated Statutes Chapter 7 - Orphans' Court Divisions
Subchapter A. Organization
- Section 701 - Orphans' Court Divisions
Orphans' court divisions shall be organized as provided by Title 42 (relating to judiciary and judicial procedure). Except as otherwise provided or prescribed by...
Subchapter B. Jurisdiction
Subchapter C. Venue
- Section 721 - Venue Of Decedents', Minors' And Incapacitated Persons' Estates
When a Pennsylvania court has jurisdiction of a decedent's, a minor's, or an incapacitated person's estate, except as otherwise provided by law, the venue...
- Section 722 - Venue Of Trust Estates
When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes...
- Section 723 - Situs Of Testamentary Trust (Deleted By Amendment)
§ 723. Situs of testamentary trust (Deleted by amendment). 2006 Amendment. Section 723 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in...
- Section 724 - Situs Of Inter Vivos Trust (Deleted By Amendment)
§ 724. Situs of inter vivos trust (Deleted by amendment). 2006 Amendment. Section 724 was deleted by amendment July 7, 2006, P.L.625, No.98, effective...
- Section 725 - Change Of Situs; Order Of Court (Deleted By Amendment)
§ 725. Change of situs; order of court (Deleted by amendment). 2006 Amendment. Section 725 was deleted by amendment July 7, 2006, P.L.625, No.98,...
- Section 726 - Venue Of Nonprofit Corporations
Except as otherwise prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign...
- Section 727 - Venue Of Cemetery Companies
Except as otherwise provided in Title 9 (relating to burial grounds) or prescribed by general rules, in exercising the jurisdiction of the court over...
Subchapter D. Judges (Repealed)
- Section 731 - § 732 - (Repealed)
1978 Repeal. Subchapter D (§§ 731 - 732) was repealed April 28, 1978, P.L.202, No.53, effective in two years as to section 731 and...
Subchapter E. Duties of the Clerk and Sheriff
Subchapter F. Masters, Auditors, Examiners, Guardians Ad Litem and Trustees Ad Litem
- Section 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...
- Section 752 - Compensation
The compensation of any master, auditor, examiner, guardian ad litem, or trustee ad litem, subject to any inconsistent general rule shall be paid from...
- Section 753 - Subpoenas
Masters, auditors and examiners shall have the power to issue subpoenas with or without a clause of duces tecum to witnesses to appear before...
- Section 754 - Power To Administer Oaths (Repealed)
§ 754. Power to administer oaths (Repealed). 1978 Repeal. Section 754 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
Subchapter G. Procedure
- Section 761 - Petitions
All applications to the orphans' court division shall be by petition in the form prescribed by general rules and shall be attested either by...
- Section 762 - Accounts
The orphans' court division may decide or dispose of any question relating to the administration or distribution of an estate or trust and exercise...
- Section 763 - Writs Of Habeas Corpus (Repealed)
§ 763. Writs of habeas corpus (Repealed). 1978 Repeal. Section 763 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
- Section 764 - Citation
Jurisdiction of the person shall be obtained by citation to be awarded by the orphans' court division upon application of any party in interest....
- Section 765 - Service Of Citation
A citation to obtain jurisdiction of a person may be served by an adult person, or by the sheriff of the county wherein the...
- Section 766 - Proof Of Service
Proof of service shall be by affidavit of the person or the return of the sheriff making service, and shall set forth the same...
- Section 767 - Parties In Interest
In any proceeding where the orphans' court division considers that the interests of any taxing authority, including the United States, any state and any...
- Section 768 - Manner Of Service; Proof
Notice of any proceeding in an orphans' court division may be given within or outside the Commonwealth by personal service, by registered mail, by...
- Section 769 - Power Of Orphans' Court Division (Repealed)
§ 769. Power of orphans' court division (Repealed). 1978 Repeal. Section 769 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
- Section 771 - Decree Without Prior Hearing; Attachment; Sequestration (Repealed)
§ 771. Decree without prior hearing; attachment; sequestration (Repealed). 1978 Repeal. Section 771 was repealed April 28, 1978, P.L.202, No.53, effective in two years.
- Section 772 - Injunctions (Repealed)
§ 772. Injunctions (Repealed). 1978 Repeal. Section 772 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
- Section 773 - Subpoenas (Repealed)
§ 773. Subpoenas (Repealed). 1980 Repeal. Section 773 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
- Section 774 - Depositions And Discovery
The orphans' court division, by general rule or special order, may prescribe the practice relating to depositions, discovery, and the production of documents. To...
- Section 775 - Perpetuation Of Testimony And Court Records
The orphans' court division, by general rule or special order, may prescribe the practice relating to the perpetuation of testimony and to the perpetuation...
- Section 776 - Testimony In Proceedings Removed From Register
On appeal from the register, or in a proceeding removed from the register, the orphans' court division may find, upon the testimony taken before...
- Section 777 - Right To Jury Trial; Discretion Of Orphans' Court Division
(a) Title to property.--When a substantial dispute of fact shall arise concerning the decedent's title to property, real or personal, any party in interest...
- Section 778 - Procedure For Jury Trials
(a) Jury.--Jury trials in any case begun before or certified or appealed to an orphans' court division shall be tried in the division. The...
- Section 779 - Nonsuits
(a) In general.--The orphans' court division may enter a nonsuit under the same circumstances, subject to review in the same manner and with the...
- Section 781 - Methods Of Enforcement
Compliance with an order or decree of an orphans' court division may be enforced by attachment of the person; sequestration of real or personal...
- Section 782 - Procedure On Attachment Of The Person
(a) Direction of writs.--A writ of attachment of the person shall be directed to and executed by the sheriff of the county in which...
- Section 783 - Procedure On Sequestration Of Real Or Personal Property
A writ of sequestration of real or personal property of an estate or trust, or of the respondent, to enforce an order or decree...
- Section 784 - Procedure On Execution On Personal Property
Writs of execution on personal property shall be allowed by the orphans' court division and directed to and executed by the sheriff of the...
- Section 785 - Procedure On Attachment Execution
Writs of attachment execution shall be allowed by the orphans' court division and directed to and executed by the sheriff of the proper county....
- Section 786 - Procedure On Execution On Real Estate
(a) Filing.--The prothonotary of any court of common pleas shall, on demand of the fiduciary or of any party in interest, file and docket...
- Section 791 - Allowance And Allocation (Repealed)
§ 791. Allowance and allocation (Repealed). 1978 Repeal. Section 791 was repealed April 28, 1978, P.L.202, No.53, effective in one year.
- Section 792 - Right Of Appeal (Repealed)
§ 792. Right of appeal (Repealed). 1978 Repeal. Section 792 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
- Section 793 - Effect Of Appeal
No appeal from an order or decree of an orphans' court division concerning the validity of a will or the right to administer shall...
- Section 794 - Disposition Of Cases On Appeal (Repealed)
§ 794. Disposition of cases on appeal (Repealed). 1978 Repeal. Section 794 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
Last modified: October 8, 2016