§ 712. Nonmandatory exercise of jurisdiction through orphans' court division.
The jurisdiction of the court of common pleas over the following may be exercised through either its orphans' court division or other appropriate division:
(1) Title to real estate.--The determination of the persons to whom the title to real estate of a decedent or of the creator of an estate or trust has passed by devise or descent or by the terms of the trust instrument where jurisdiction of such estate or trust is exercised through the orphans' court division: Provided, That nothing herein shall be construed to restrict the provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general) relating to distribution of real estate in an estate or trust.
(2) Guardian of person.--The appointment, control and removal of the guardian of the person of any incapacitated person.
(3) Other matters.--The disposition of any case where there are substantial questions concerning matters enumerated in section 711 and also matters not enumerated in that section.
(4) Powers of attorney.--(Deleted by amendment).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
1994 Amendment. Section 10 of Act 102 provided that the amendment of par. (4) shall apply beginning with the effective date of Act 102.
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 712 is referred to in section 711 of this title.
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