Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part II - ORPHANS' COURT RULES
Chapter V - RULES GOVERNING SPECIFIC TYPES OF PETITIONS
Rule 5.4 - Revocation, Vacation or Extension of Time for Filing of Surviving Spouse's Election

Universal Citation: 231 PA Code ยง 5.4

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, a petition to revoke or vacate an election of a surviving spouse to take against the will and other conveyances of the decedent shall set forth the following:

(1) The date of the decedent's death, whether a will has been probated and, if so, a reference to the place and date of probate;

(2) The name and capacity of the fiduciary of the decedent's estate, if any, and a reference to the record of his appointment;

(3) The name, address and relationship, if known, of the other interested parties and the nature and the extent of each of their interests;

(4) The names of the interested parties who have consented to the revocation or vacation of the election and the names of those who have not consented;

(5) a description and valuation of the decedent's real and personal property affected by the election;

(6) The date and manner of executing the election desired to be revoked or vacated and whether the same has been recorded, registered or filed, and if so, the date and place thereof;

(7) whether the surviving spouse has made or executed and delivered at any place an election contrary to that desired to be revoked or vacated, and whether that election has been recorded, registered or filed, and if so, the date and place thereof;

(8) The facts relied upon to justify the revocation or vacation of the election; and

(9) a request for a citation upon the interested parties who have not joined in the petition or who have not consented thereto to show cause why the election should not be revoked or vacated.

(b) A petition for the extension of the time in which the surviving spouse may file an election to take against the will and other conveyances shall be filed prior to the expiration of six months as provided in 20 Pa.C.S. § 2210 with the clerk of the county where decedent's will was probated.

(c) Notice of the filing of any petition under this Rule shall be provided to the personal representative of decedent's estate in accordance with Rule 3.5(b)(1).

Note: Rule 5.4 is based upon former Rule 12.3.

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