RULE 5. NOTICE
Rule 5. 1 Method
Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, whenever notice is to be given a person, it shall be given
(a) by service upon the attorney appearing of record for such person; or
(b) if there is not such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or
(c) if his residence is not known, by publication once a week during three successive calendar weeks in the legal periodical, if any, and in a newspaper of general circulation published at or near his last known residence within the county; or
(d) in such other manner as the court shall direct.
Rule 5.2 Method; Person Under Incapacity
Whenever notice is to be given a person who is not sui juris, notice shall be given to his guardian or trustee, but if there is no such guardian or trustee, notice shall be given in such manner as the court by general rule or special order shall direct. The return of such notice or an averment of such notice in a pleading shall set forth the incapacity of the person who is not sui juris and the name and address of his representative or other person who has been notified on his behalf.
Rule 5.3 Time for Notice
Whenever notice of the intention to do any act is required, such notice shall be given at least ten days prior to the doing of the act, unless a different period is specified by a rule adopted by the Supreme Court or by an Act of Assembly.
Rule 5.4 Return of Notice
Return of notice shall be by affidavit of the person serving, mailing, publishing or delivering such notice.
Rule 5.5 Charities; Notice to The Attorney General
In every proceeding in the Orphans' Court involving or affecting a charitable interest with the exception hereinafter set forth, at least fifteen days advance written notice thereof shall be given to the Attorney General of the Commonwealth of Pennsylvania at his principal office at Harrisburg, Pennsylvania, or to a deputy of his whom he shall have designated for such purpose for the judicial district in which the proceeding is pending. The notice shall include or be accompanied by such of the following as may be appropriate.
(a) the caption of the case;
(b) a description of the nature of the proceeding;
(c) the date, time and place when the matter is to be heard by the court to the extent then known;
(d) the name of the decedent, settlor, incompetent or minor, if not disclosed by the caption;
(e) a copy of the will or other instrument creating the charitable interest;
(f) the name and address of any specific charity which may be affected by the proceeding;
(g) if the charitable interest is a present interest, a description and the approximate market value of that interest;(h) if the charitable interest is a future interest and the estimated present value of the property involved exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved;
(i) a description of any unresolved claim and any material question of interpretation or distribution likely to be submitted for adjudication which may affect the value of the charitable interest;
(j) the names and addresses of all fiduciaries;
(k) the name and address of counsel for the fiduciary; and
(l) the name and address of counsel for any charity who has received notice or has appeared for it and the name of the charity which he represents.
Proof of service of the above notice by registered or certified mail or an acknowledgment of such notice received from the Attorney General or his deputy shall be filed of record in every proceeding involving a charitable interest prior to the entry of any decree.
Unless the Orphans' Court directs otherwise by local rule adopted after the effective date hereof, no notice to the Attorney General or his designated deputy shall be required with respect to a pecuniary legacy to a charity in the amount of $25,000 or less which has been or will be paid in full.
Rule 5.6 Notice to Beneficiaries and Intestate Heirs
(a) Requirement of Notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative's counsel shall send a written notice of estate administration in the form set forth in Rule 5.7.
(1) every person, corporation, association, entity or other party named in decedent's will as an outright beneficiary whether individually or as a class member;
(2) the decedent's spouse and children, whether or not they are named in, or have an interest under, the will;
(3) where there is an intestacy in whole or in part, to every person entitled to inherit as an interstate heir under Chapter 21 of the Probate, Estate and Fiduciaries Code;
(4) the appointed guardian of the estate, parent or legal custodian of any beneficiary who is a minor child under the age of eighteen (18) years;
(5) the appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is an adjudicated incapacitated person;
(6) the Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000 or which will not be paid in full;
(7) the Attorney General on behalf of any governmental beneficiary;
(8) the trustee of any trust which is a beneficiary; and
(9) such other persons and in such manner as may be required by any local rule of court.
(b) Definition of Beneficiary. "Beneficiary" shall be deemed to include any person who may have an interest by virtue of the Pennsylvania anti-lapse statute, 20 Pa.C.S. § 2514.
(c) Manner of Notice. Notice shall be given by personal service or by first-class, prepaid mail to each person and entity entitled to notice under subdivision (a)(1)-(9) whose address is known or reasonably available to the personal representative.
(d) Certification of Notice. Within ten (10) days after giving the notice required by subdivision (a) of this Rule, the personal representative or the personal representative's counsel shall file with the Register or Clerk a certification in the form set forth in Rule 5.7(b) that notice has been given as required by this Rule. No fee shall be charged by the Register or Clerk for filing the certification required by this subdivision.
(e) Failure to File Certification. Upon the failure by the personal representative or the personal representative's counsel to file the certification on a timely basis, the Register shall, after ten (10) days prior written notice to the delinquent personal representative and his counsel, notify the Court of such delinquency.
(f) Effect of Notice. This Rule shall not alter, diminish or confer existing rights.
(g) Copies of Rule. The Register shall deliver a copy of Rules 5.6 and 5.7 to each personal representative and counsel at the time letters are granted.
Rule 5.7 Form of Notice and Certification of Notice to Beneficiaries and Intestate Heirs
(a) Form of Notice to Beneficiaries and Intestate Heirs.
IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY
MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE.
Whether you will receive any money or property will be
determined wholly
or partly by the decedent's will. If the decedent died without
a will, whether
you will receive any money or property will be determined by the intestacy
laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, COUNTY OF,
PENNSYLVANIA
In re Estate
of
,deceased,
No.
of
TO:
(Name and Address)
Please take notice of the death of decedent and the grant of
letters to the per-
sonal representative(s) named below.
The Decedent
, died on the day of
,20 ,at
County,
Pennsylvania.
The Decedent died testate (with a Will); or
The Decedent died intestate (without a Will).
The personal representative of the Decedent is
(name, address and
telephone number).
If the Decedent died testate, the will has been filed with
the Office of the Reg-
ister of Wills of
County (address and telephone number).
If the Decedent died intestate, a Petition for the Grant of Letters of Adminis-
tration was filed with the Office of the Register of Wills of
County (ad-
dress and telephone number).
A copy of the Will or Petition may be obtained by contacting the Register of
Wills and paying the charges for duplication.
Date:
Signature
Name
Address
Telephone ( )
Capacity
Personal Representative
Counsel for personal
representative
(b) Form Certification of Notice.
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:Name Address
Notice has now been given to all persons entitled thereto under Rule 5.6(a) ex-
cept ________________________________________________________
Date:_______
Signature
Name
Address
Telephone ( )