Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article I - PRELIMINARY PROVISIONS
Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN
FINAL ORDERS
Rule 342 - Appealable Orphans' Court Orders
Universal Citation: 210 PA Code ยง 342
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General rule. An appeal may be taken as of right from the following orders of the Orphans' Court Division:
(1) An order confirming an account, or
authorizing or directing a distribution from an estate or trust;
(2) An order determining the validity of a
will or trust;
(3) An order
interpreting a will or a document that forms the basis of a claim against an
estate or trust;
(4) An order
interpreting, modifying, reforming or terminating a trust;
(5) An order determining the status of
fiduciaries, beneficiaries, or creditors in an estate, trust, or
guardianship;
(6) An order
determining an interest in real or personal property;
(7) An order issued after an inheritance tax
appeal has been taken to the Orphans' Court pursuant to either 72 Pa.C.S.
§ 9186(a)(3) or 72 Pa.C.S. § 9188, or after the Orphans' Court has
made a determination of the issue protested after the record has been removed
from the Department of Revenue pursuant to 72 Pa.C.S. § 9188(a);
or
(8) An order otherwise
appealable as provided by Chapter 3 of these rules.
(b) Definitions. As used in this rule:
(1) "estate" includes the estate of
a decedent, minor, incapacitated person, or principal under Chapters 33, 35,
51, 55 and 56 of Title 20 of the Pennsylvania Consolidated Statutes ("Probate,
Estates and Fiduciaries Code") ("PEF Code");
(2) "trust" includes inter vivos and
testamentary trusts and the "custodial property" under Chapters 53 and 77 of
the PEF Code; and
(3)
"guardianship" includes guardians of the person for both minors and
incapacitated persons under Chapters 51 and 55 of the PEF Code.
(c) Waiver of objections. Failure to appeal an order that is immediately appealable under paragraphs (a)(1)-(7) of this rule shall constitute a waiver of all objections to such order and such objections may not be raised in any subsequent appeal.
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