CHAPTER 7
ORPHANS' COURT DIVISIONS
Subchapter
D. Judges (Repealed)
E. Duties of the Clerk and Sheriff
F. Masters, Auditors, Examiners, Guardians Ad Litem and Trustees Ad Litem
ORGANIZATION
Sec.
701. Orphans' court divisions.
§ 701. Orphans' court divisions.
Orphans' court divisions shall be organized as provided by Title 42 (relating to judiciary and judicial procedure). Except as otherwise provided or prescribed by law, each orphans' court division shall possess the powers vested in the whole court.
JURISDICTION
Sec.
711. Mandatory exercise of jurisdiction through orphans' court division in general.
712. Nonmandatory exercise of jurisdiction through orphans' court division.
713. Special provisions for Philadelphia County.
715. Incidental powers (Repealed).
§ 711. Mandatory exercise of jurisdiction through orphans' court division in general.
Except as provided in section 712 (relating to nonmandatory exercise of jurisdiction through the orphans' court division) and section 713 (relating to special provisions for Philadelphia County), the jurisdiction of the court of common pleas over the following shall be exercised through its orphans' court division:
(1) Decedents' estates. - The administration and distribution of the real and personal property of decedents' estates and the control of the decedent's burial.
(2) Testamentary trusts. - The administration and distribution of the real and personal property of testamentary trusts, and the reformation and setting aside of any such trusts, whether created before or after the effective date of this chapter, except any testamentary trust created before the effective date of the Fiduciaries Act of 1917, jurisdiction of which was acquired by the court of common pleas prior to January 1, 1969 unless the president judge of such court orders the jurisdiction of the trust to be exercised through the orphans' court division.
(3) Inter vivos trusts. - The administration and distribution of the real and personal property of inter vivos trusts, and the reformation or setting aside of any such trusts, whether created before or after the effective date of this chapter, except any inter vivos trust jurisdiction of which was acquired by the court of common pleas prior to January 1, 1969 unless the president judge of such court orders the jurisdiction of the trust to be exercised through the orphans' court division.
"Inter vivos trust" means an express trust other than a trust created by a will, taking effect during the lifetime or at or after the death of the settlor.
It includes:
(i) a life insurance trust;
(ii) a trust created under a deed, agreement, or declaration except as hereinafter excluded;
(iii) a common trust fund or mortgage investment fund created by a corporate fiduciary for the investment of funds held by it as fiduciary or co-fiduciary;
(iv) a tentative trust; and
(v) similar trusts.
"Inter vivos trust" does not include:
(vi) a resulting or constructive trust created by operation of law;
(vii) a trust for creditors;
(viii) an escrow relationship;
(ix) a temporary trust to hold disputed property;
(x) a principal and agent relationship;
(xi) a trust primarily for the benefit of business employees, their families or appointees, under a stock bonus, pension, disability or death benefit, profit-sharing or other employee-benefit plan;
(xii) a trust for bondholders;
(xiii) a mortgagee in possession relationship;
(xiv) a business trust, including a trust subject to 15 Pa.C.S. Ch. 95 (relating to business trusts); and
(xv) similar trusts or fiduciary relationships.
(4) Minors' estates. - The administration and distribution of the real and personal property of minors' estates.
(5) Custodianships for minors' property. - Matters relating to custodianship of the property of minors, as provided by law.
(6) Guardian of persons of minors. - The appointment, control and removal of the guardian of the person of any minor.
(7) Adoptions. - Adoptions, subject to the provisions of section 713.
(8) Custody of minors. - The determination of the right to the custody of a minor in connection with any proceeding for his adoption or for the appointment of a guardian of his person, except as provided in section 713.
(9) Birth records. - Except as provided in section 713, all proceedings which may be necessary to be presented to a court for determination with regard to issues concerning recordation of birth and birth records or the alteration, amendment or modification of such birth records or the right to obtain a certified copy of the same. Whenever a person is entitled to take an appeal from the action of the Department of Health in connection with any matters concerning birth records the appeal shall be taken to the orphans' court division of the county in which the person is a resident. In all other matters in which a petition is addressed to a court in connection with matters of birth records, the filing of which petition is not in the nature of an appeal but is an original proceeding, shall be filed and determined by the orphans' court division of the county in which the petitioner resides.
(10) Incapacitated persons' estates. - The administration and distribution of the real and personal property of the estates of incapacitated persons, except where jurisdiction thereof was acquired by the court of common pleas prior to January 1, 1969 unless the president judge of such court orders the jurisdiction of the estate to be exercised through the orphans' court division.
(11) Absentees' and presumed decedents' estates. - The administration and distribution of the real and personal property of absent persons and of presumed decedents.
(12) Fiduciaries. - The appointment, control, settlement of the accounts of, removal and discharge of, and allowance to and allocation of compensation among, all fiduciaries of estates and trusts, jurisdiction of which is exercised through the orphans' court division, except that the register shall continue to grant letters testamentary and of administration to personal representatives as heretofore.
(13) Specific performance of contracts. - To enforce specifically the performance by either party of any agreement made by a decedent to purchase or sell real or personal property.
(14) Legacies, annuities and charges. - Proceedings for the enforcement of legacies, annuities and charges placed on real or personal property by will, inter vivos trust, or decree of an orphans' court or orphans' court division or for the discharge of the lien thereof.
(15) Construction of administrative power. - The construction of an administrative power as to real estate proposed to be exercised by a fiduciary of an estate or trust, jurisdiction of which is exercised through the orphans' court division.
(16) Disposition of title to real estate to render it freely alienable. - The disposition of any interest in real estate of one disabled from dealing with it when title to it has been acquired by descent or will, or is in an estate or trust jurisdiction of which is exercised through the orphans' court division.
(17) Title to personal property. - The adjudication of the title to personal property in the possession of the personal representative, or registered in the name of the decedent or his nominee, or alleged by the personal representative to have been in the possession of the decedent at the time of his death.
(18) Appeals and proceedings from registers. - Appeals from and proceedings removed from registers.
(19) Marriage licenses. - Marriage licenses, as provided by law.
(20) Inheritance and estate taxes. - Matters relating to inheritance and estate taxes, as provided by law.
(21) Nonprofit corporations. - The administration and proper application of funds awarded by an orphans' court or an orphans' court division to a nonprofit corporation heretofore or hereafter organized under the laws of the Commonwealth of Pennsylvania for a charitable purpose at the direction of the orphans' court or orphans' court division or at the direction of a settlor or testator of a trust or estate, jurisdiction of which is exercised through the orphans' court division except as the administrative, presiding or president judge of such division disclaims the exercise of future jurisdiction thereof.
(22) Agents. - All matters pertaining to the exercise of powers by agents acting under powers of attorney as provided in Chapter 56 (relating to powers of attorney).
§ 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.
§ 713. Special provisions for Philadelphia County.
The provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general), insofar as they relate to adoptions and birth records, shall not apply to Philadelphia County. In Philadelphia County the jurisdiction over adoptions and all proceedings which may be necessary to be presented to a court for determination with regard to issues concerning recordation of birth and birth records or the alteration, amendment or modification of such birth records or the right to obtain a certified copy of the same, shall be exercised through the family court division of the court of common pleas. Whenever a resident of Philadelphia is entitled to take an appeal from the action of the Department of Health in connection with any matters concerning birth records, the appeal shall be taken to the family court division of the court of common pleas of Philadelphia. In all other matters in which a petition is addressed to a court by a resident of Philadelphia in connection with matters of birth records, the filing of which petition is not in the nature of an appeal but is an original proceeding, the petition shall be determined by the family court division of the court of common pleas of Philadelphia.
Nothing in this chapter shall be construed to interfere with the rules of law applicable to the determination of the question whether Pennsylvania courts have jurisdiction of the subject matters enumerated in this chapter.
§ 715. Incidental powers (Repealed).
VENUE
721. Venue of decedents’, minors’ and incapacitated persons’ estates.
723. Situs of testamentary trust.724. Situs of inter vivos trust.
725. Change of situs; order of court.
726. Venue of nonprofit corporations.727. Venue of cemetery companies.
§ 721. Venue of decedents', minors' and incapacitated persons' estates.
When a Pennsylvania court has jurisdiction of a decedent's, a minor’s, or an incapacitated person's estate, except as otherwise provided by law, the venue for all purposes shall be as follows:
(1) Decedent’ estates. - In the case of a decedent's estate, in the county where the letters are granted to the personal representative, and in the absence of such letters, then where the decedent had his last family or principal residence, and if the decedent had no domicile in the Commonwealth, then in any county where any of his property is located.
(2) Minors' and incapacitated persons' estates. - In the case of a guardian of a minor or incapacitated person appointed by the court, in the county whose court appointed the guardian. In the case of a guardian of a minor or incapacitated person not appointed by the court, or when there is a minor's or incapacitated person's estate but no guardian, in the county whose court at the time proceedings are first initiated would have jurisdiction to appoint a guardian of the estate.
§ 722. Venue of trust estates.
When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes shall be in the county where at the time being, is the situs of the trust. The situs of the trust shall remain in the county of the court which first assumed jurisdiction of the trust, unless and until such court shall order a change of situs under the provisions of this chapter.
§ 723. Situs of testamentary trust.
The situs of a testamentary trust shall be in the county where letters were granted to the personal representative, and in the absence of such letters, then in a county where such letters could have been granted, and if no such letters could have been granted, then in a county in which any trustee resides or is located.
§ 724. Situs of inter vivos trust.
(a) When provided for in trust instrument. – If the trust instrument expressly provides for the situs of the inter vivos trust, its situs shall be at the place within or without the Commonwealth which is in accord with such provision.
(b) Not provided for in trust instrument. - If the trust instrument does not expressly provide for the situs of the inter vivos trust, its situs shall be:
(1) Resident settlor. - In the case of an inter vivos trust whose settlor is domiciled in the Commonwealth:
(i) in the settlor's lifetime, either in the county of his principal residence or in the county in which any of the trustees resides or has a place of business; and
(ii) after the settlor's death, either in the county in which letters have been granted to his personal representative, or in a county which is the principal place of the trust's administration in which letters could have been granted, or in a. county in which any trustee resides or has a place of business.
(2) Nonresident settlor. - In the case of an inter vivos trust whose settlor:
(i) is not domiciled in the Commonwealth at the time when during his lifetime the first application is made to a court concerning the trust;
(ii) or was not domiciled in the Commonwealth at his death if the first application to a court concerning the trust was made thereafter,
in a county which is the principal place of the trust's administration or in which any trustee resides or has a place of business and if there is no such trustee, then in a county where property of the trust is located.
§ 725. Change of situs; order of court.
A court having jurisdiction of a testamentary or inter vivos trust, on application of a trustee or of any party in interest, after such notice to all parties in interest as it shall direct and aided if necessary by the report of a master, and after such accounting and such provision to insure the proper payment of all taxes to the Commonwealth and any political subdivision thereof as the court shall require, may direct, notwithstanding any of the other provisions of this chapter, that the situs of the trust shall be changed to any other place within or without the Commonwealth if the court shall find the change necessary or desirable for the proper administration of the trust. Upon such change of situs becoming effective by the assumption of jurisdiction by another court, the jurisdiction of the court as to the trust shall cease and thereupon the situs of the trust for all purposes shall be as directed by the court.
§ 726. Venue of nonprofit corporations.
Except as otherwise prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign non- profit corporation, the venue shall be in the county where the registered office of the corporation is located or deemed to be located for venue purposes or, in the absence of a registered office within this Commonwealth, in a county where any property held or controlled by the nonprofit corporation is located.
§ 727. Venue of cemetery companies.
Except as otherwise provided in Title 9 (relating to burial grounds) or prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign cemetery company in matters relating to burial grounds or to property held for the burial of the dead or for the care or adornment of burial grounds, the venue shall be in the county where the burial ground, or any part thereof is located or, in the absence of any involved burial grounds within this Commonwealth, in a county where any property held or controlled by the cemetery company is located.
SUBCHAPTER D
JUDGES (Repealed)
DUTIES OF THE CLERK AND SHERIFF
Sec.
741. Duties of the clerk (Repealed).
742. Dockets (Repealed).
743. Bill of costs (Repealed).
744. Translation of foreign language documents (Repealed).
745. Advertisement of accounts.
746. Money paid into court (Repealed).
747. Powers and duties of the sheriff (Repealed).
748. Fees (Repealed).
§ 741. Duties of the clerk (Repealed).
§ 742. Dockets (Repealed).
§ 743. Bill of costs (Repealed)..
§ 744. Translation of foreign language documents (Repealed).
§ 745. Advertisement of accounts.
(a) Requirement of notice; contents of notice. - The clerk of the orphans' court division shall give notice by advertisement of the time when accounts filed with him will be presented to the division for confirmation, stating in the advertisement the names and capacities of the respective accountants.
(b) Manner of advertisement. - The notice shall be advertised at least once a week during the two weeks immediately preceding the time for presentation of the accounts to the division:
(1) in the legal publication, if any, designated by rule of court for the publication of legal notices; and
(2) in at least one newspaper of general circulation published within the county, and if no such newspaper is published in that county, then in one such newspaper published nearest to that county.
§ 746. Money paid into court (Repealed).
§ 747. Powers and duties of the sheriff (Repealed).
§ 748. Fees (Repealed).
MASTERS, AUDITORS, EXAMINERS, GUARDIANS AD LITEM
AND TRUSTEES AD LITEM
Sec.
754. Power to administer oaths (Repealed).
The orphans' court division may appoint:
(1) Masters. - A master to investigate any issue of fact and to report his findings of fact, conclusions of law and recommendations to the court.
(2) Auditors of accounts of fiduciaries. - Except in the circumstances prohibited by law, an auditor to examine and audit an account and to determine distribution.
(3) Auditors to state accounts. - An auditor to state an account when a proper account cannot be obtained from a fiduciary or other person required to state an account.
(4) Examiners of assets. – By general rule or special order, an examiner or examiners to make periodic or special examinations of assets of estates or trusts, and to require all persons in whose custody or control such assets may be held to present them for examination.
(5) Guardians and trustees ad litem. - On petition or on its own motion, a guardian or a trustee ad litem to represent the interest, not already represented by a fiduciary, of:
(i) a person not sui juris; or
(ii) an absentee; or
(iii) a presumed decedent; or
(iv) an unborn or unascertained person.
(6) Representation of parties in interest. - Persons interested in an estate or trust as beneficiary or heir, if minors or otherwise legally incapacitated, and possible unborn or unascertained persons, may be represented in a judicial proceeding by a guardian or trustee ad litem if the court deems necessary. The court may dispense with the appointment of a guardian or trustee ad litem for a person who is a minor or otherwise legally incapacitated, unborn or unascertained if there is a living person sui juris having a similar interest or if such person is or would be issue of a living ancestor sui juris and interested in the estate or trust whose interest is not adverse to his. If the whereabouts of any beneficiary or heir is unknown or if there is doubt as to his existence, the court shall provide for service of notice and representation in the judicial proceeding as it deems proper.
The compensation of any master, auditor, examiner, guardian ad litem, or trustee ad litem, subject to any inconsistent general rule shall be paid from such source as the court shall direct.
Masters, auditors and examiners shall have the power to issue subpoenas with or without a clause of duces tecum to witnesses to appear before them when necessary for the performance of any of their duties. If any person who has been duly subpoenaed fails to obey the subpoena, the master, auditor, or examiner issuing the subpoena may report the neglect or refusal to the orphans’ court division.
§ 754. Power to administer oaths (Repealed).
PROCEDURE
Sec.
761. Petitions.763. Writs of habeas corpus (Repealed).
768. Manner of service; proof.
769. Power of orphans' court division (Repealed).
771. Decree without prior hearing; attachment; sequestration (Repealed).772. Injunctions (Repealed).
773. Subpoenas (Repealed).
774. Depositions and discovery.
775. Perpetuation of testimony and court records.
776. Testimony in proceedings removed from register.
777. Right to jury trial; discretion of orphans' court division.778. Procedure for jury trials.
782. Procedure on attachment of the person.
783. Procedure on sequestration of real or personal property.784. Procedure on execution on personal property.
785. Procedure on attachment execution.
786. Procedure on execution on real estate.
791. Allowance and allocation (Repealed).
792. Right of appeal (Repealed).
794. Disposition of cases on appeal (Repealed).
All applications to the orphans' court division shall be by petition in the form prescribed by general rules and shall be attested either by an affidavit or by a verified statement. In the case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
The orphans' court division may decide or dispose of any question relating to the administration or distribution of an estate or trust and exercise any of its powers in respect thereof upon the filing of an account or in any other appropriate proceeding. The account may be a complete accounting of the estate or trust or of only the transactions which raise the question to be determined.
§ 763. Writs of habeas corpus (Repealed).
Jurisdiction of the person shall be obtained by citation to be awarded by the orphans' court division upon application of any party in interest. The citation shall direct the party named therein to file a complete answer under oath to the averments of the petition on or before a day certain, which shall be not less than ten days after the service thereof, and to show cause as the decree of the division shall provide.
A citation to obtain jurisdiction of a person may be served by an adult person, or by the sheriff of the county wherein the citation issued, or by deputization of the sheriff of the county where the service may be had in any county of the Commonwealth, in the same manner as a writ of summons in an action of assumpsit. When no other time is specially fixed by the orphans' court division, the order awarding the citation shall be void unless the citation is issued within six months.
Proof of service shall be by affidavit of the person or the return of the sheriff making service, and shall set forth the same information as a sheriff's return in an action of assumpsit.
In any proceeding where the orphans' court division considers that the interests of any taxing authority, including the United States, any state and any political subdivision thereof, may be adversely affected directly or indirectly by a decision of such division because of the effect of such decision on assets subject to tax or for any other reason, the division shall have the power on its own motion or on the application of any party in interest, including the taxing authority, and upon such notice as it may direct, to authorize the taxing authority through its proper officer to appear as a party in interest, and if such an appearance is entered, the taxing authority shall be considered to be a party in interest aggrieved by any decision adversely affecting its interests.
§ 768. Manner of service; proof.
Notice of any proceeding in an orphans' court division may be given within or outside the Commonwealth by personal service, by registered mail, by publication, or otherwise, as the division shall direct by general rule or special order. Notice may be in the form of a citation served as provided in this section.
§ 769. Power of orphans' court division (Repealed).
§ 771. Decree without prior hearing; attachment; sequestration (Repealed).
§ 772. Injunctions (Repealed).
§ 773. Subpoenas (Repealed).
§ 774. Depositions and discovery.
The orphans' court division, by general rule or special order, may prescribe the practice relating to depositions, discovery, and the production of documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the division of the court having jurisdiction over actions at law.
§ 775. Perpetuation of testimony and court records.
The orphans' court division, by general rule or special order, may prescribe the practice relating to the perpetuation of testimony and to the perpetuation of lost or destroyed court records. When proved, such court records shall have the same legal effect as original records would have had. Notice of proceedings for the perpetuation of testimony and for the perpetuation of lost or destroyed court records shall be given in such manner as the division shall direct.
§ 776. Testimony in proceedings removed from register.
On appeal from the register, or in a proceeding removed from the register, the orphans' court division may find, upon the testimony taken before the register, that a substantial dispute of fact exists and grant a jury trial. When upon the testimony taken before the register a jury trial is not granted, the division shall hear the testimony de novo unless all parties appearing in the proceeding agree that the case be heard on the testimony taken before the register. In any event, the division may require witnesses already examined and other witnesses to appear before it. The division, in its discretion, may impanel a jury at any stage of the proceedings.
§ 777. Right to jury trial; discretion of orphans' court division.
(a) Title to property. - When a substantial dispute of fact shall arise concerning the decedent's title to property, real or personal, any party in interest shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.
(b) Determination of incapacity. - Any person against whom proceedings have been instituted to establish his incapacity shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.
(c) Will contest and other matters. - When a contest shall arise concerning the validity of a writing alleged to be testamentary, or concerning any matter other than as provided in subsections (a) and (b) of this section, the orphans' court division, in its discretion at any stage of the proceedings, may impanel a jury to decide any question of fact, but the verdict of the jury shall be advisory only.
(d) Waiver of right. - A person desiring a trial by jury shall make demand therefor in writing at least ten days prior to the initial hearing before the orphans' court division or; if the initial hearing is dispensed with as pro- vided in section 778(b) (relating to combined hearings and trials) then at least ten days prior to the trial. The right to trial by jury is waived if such demand is not so made or, after having been made, the person claiming the right fails to appear.
§ 778. Procedure for jury trials.
(a) Jury. - Jury trials in any case begun before or certified or appealed to an orphans' court division shall be tried in the division. The division shall draw a jury and preside at the trial of the issue and shall have all the powers of a judge in trials by jury in cases at law. The panel of jurors drawn for service in other divisions of the court shall be available for such service in the orphans' court division when required, and in judicial districts where there is a separate orphans' court division, the court of common pleas shall, by appropriate rules, provide for and regulate the manner in which the jurors shall be made available and sent to the orphans' court division when required for the trial of issues therein.
(b) Combined hearings and trials. - In any case begun before or certified or appealed to the orphans' court division, the court may, on its own motion or on motion of a party and with reasonable notice to all parties:
(1) combine the hearing to determine whether a substantial dispute of fact exists with the trial to determine the dispute, and impanel a jury before determining whether or not a substantial dispute of fact exists; and
(2) combine the hearing and trial on all wills, the issues in regard to which are closely interrelated.
The court may withdraw the case from the jury, if the court determines that no substantial dispute of fact exists.
(c) Rules of court. - Unless and until an orphans' court division otherwise directs, the appropriate rules of the division of the court having jurisdiction over actions at law shall apply to jury trials of issues in the orphans' court division, and matters relating to such trials shall be heard and disposed of by the orphans' court division.
(a) In general. - The orphans' court division may enter a nonsuit under the same circumstances, subject to review in the same manner and with the same effect as in an action at law.
(b) Will contest. – A nonsuit may be entered against a contestant in a will contest whenever the contestant has the burden of overcoming the presumption of validity arising from due proof of execution as required by law and the contestant has failed to satisfy that burden.
(c) Other cases. - In any other case a nonsuit may be entered against a party where the disposition of the case depends on an issue on which that party has the burden of proof and has failed to satisfy that burden.
§ 781. Methods of enforcement.
Compliance with an order or decree of an orphans' court division may be enforced by attachment of the person; sequestration of real or personal property; execution on personal property; attachment execution; or execution on real estate.
§ 782. Procedure on attachment of the person.
(a) Direction of writs. - A writ of attachment of the person shall be directed to and executed by the sheriff of the county in which the court or branch of the court is located or of any county where the person to be attached is located.
(b) Discharge of person attached for contempt. – Any person attached for contempt may be discharged from custody by the orphans’ court division upon purging himself of contempt to the satisfaction of the division by whose order he was attached.
§ 783. Procedure on sequestration of real or personal property.
A writ of sequestration of real or personal property of an estate or trust, or of the respondent, to enforce an order or decree of the orphans’ court division in the administration of the estate or trust shall be allowed by the orphans’ court division as fully as in any court of equity, and shall be directed to and executed by the sheriff of the county in which the court or branch of the court is located or of any county where property to be sequestered is located. The orphans’ court division, by general rule or special order, may prescribe the practice relating to sequestration of real and personal property. To the extent not provided for by general rule or special order, the practice relating to sequestration shall conform to the practice in the division of the court having jurisdiction over actions at law.
§ 784. Procedure on execution on personal property.
Writs of execution on personal property shall be allowed by the orphans’ court division and directed to and executed by the sheriff of the proper county. The proceedings thereon shall be the same as on execution on personal property issued out of the division of the court having jurisdiction over actions at law.
§ 785. Procedure on attachment execution.
Writs of attachment execution shall be allowed by the orphans’ court division and directed to and executed by the sheriff of the proper county. The proceedings thereon shall be the same as attachment executions issued out of the division of the court having jurisdiction over actions at law.
§ 786. Procedure on execution on real estate.
(a) Filing. - The prothonotary of any court of common pleas shall, on demand of the fiduciary or of any party in interest, file and docket a certified transcript or extract from the record showing that an orphans' court division has adjudged an amount to be due by any person, and such transcripts or extract shall constitute a judgment of the court against such person from the time of its filing with the same effect as if it had been obtained in an action in the division of the court having jurisdiction over actions at law. If the amount adjudged to be due shall be increased or decreased on appeal, the prothonotary shall, if the decree of the appellate court is certified to him, change his records accordingly, and if the appellate court has increased the amount, the excess shall constitute a judgment from the time when the records are so changed.
(b) Satisfaction and discharge. - If the orphans' court division shall order such person to be relieved from any such judgment, the prothonotary shall, on demand of any party in interest, enter on his records a certified copy of such order, which shall operate as a satisfaction of the judgment.
(c) Executions. - Execution may be issued on the judgment out of the court against the real estate of such respondent by any interested party for the recovery of so much as may be due to him, in the same manner as upon any other judgment rendered by the court.
§ 791. Allowance and allocation (Repealed).
§ 792. Right of appeal (Repealed).
No appeal from an order or decree of an orphans' court division concerning the validity of a will or the right to administer shall suspend the powers or prejudice the acts of a personal representative acting thereunder. The reversal or modification of any decree of an orphans' court division in a proceeding in which the division has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal estate shall not divest any estate or interest acquired thereunder by a person not a party to the appeal.
§ 794. Disposition of cases on appeal (Repealed).