§ 908. Appeals.
(a) When allowed.--Any party in interest seeking to challenge the probate of a will or who is otherwise aggrieved by a decree of the register, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the court within one year of the decree: Provided, That the executor designated in an instrument shall not by virtue of such designation be deemed a party in interest who may appeal from a decree refusing probate of it. The court, upon petition of a party in interest, may limit the time for appeal to three months.
(b) Bond.--The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond to be filed by anyone appealing from a decree of the register conditioned for the payment of any costs or charges that may be decreed against him. The sufficiency of the surety shall be determined by the register in the first instance, with right of appeal to the court. If a bond in compliance with the final applicable order is not filed within ten days thereafter, the appeal shall be considered abandoned.
(c) Effect of appeal.--No appeal from a decree of the register shall suspend the powers or prejudice the acts of a personal representative to whom letters have been granted.
(d) Excepted appeals.--This section shall not apply to appeals for inheritance tax purposes, or to appeals specially regulated by law.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; July 7, 2006, P.L.625, No.98, eff. 60 days)
2006 Amendment. Act 98 amended subsec. (a).
1976 Amendment. Act 135 amended subsecs. (a) and (b).
1974 Amendment. Act 293 amended subsec. (d), retroactive to July 1, 1972.
Cross References. Section 908 is referred to in section 3133 of this title.
Section: Previous 901 902 903 904 905 906 907 908 909 910 911 921 922 923 924 NextLast modified: October 8, 2016