What Is the Pennsylvania Orphans’ Court?

HON. EMIL GIORDANO (RET.) AND BARBARA HOLLENBACH, NORRIS MCLAUGHLIN, P.A

The following article will provide some helpful information regarding the role of the Pennsylvania Orphans’ Court.

WHAT IS THE PENNSYLVANIA ORPHANS’ COURT?

The purpose of the Pennsylvania Orphans' Court Division, one of three divisions of the Court of Common Pleas, is to serve and protect the personal and property rights of all persons and entities who are otherwise incapable of managing their own affairs. Though the term "orphan" has the typical connotation of a child who has lost his or her parents, the term's meaning in this context is derived from the general definition of "one who lacks protection." The Orphans' Court's jurisdiction extends to minors, incapacitated persons, decedents, trusts, principals, and agents under powers of attorney, non-profit charitable organizations, cemetery companies, inalienable property, and marriage licenses.

WHAT TYPES OF CASES ARE HEARD IN ORPHANS’ COURT?

The Pennsylvania Orphans’ Court has jurisdiction to hear any of the following types of cases:

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: Matters relating to the administration and distribution of the real and personal property of testamentary trusts (trusts to be created upon one’s death) 3. Inter Vivos trusts: Matters relating to the administration and distribution of the real and personal property of inter vivos trusts (trusts created during one’s lifetime) 4. Minors' estates: The administration and distribution of the real and personal property of minors' estates 5. Custodianship for minors' property: Matters relating to the custodianship of the property of minors 6. Guardian of persons of minors: Matters relating to the appointment, control, and removal of the guardian of a minor 7. Adoptions: Matters relating to the adoption of minors 8. Birth records: Matters relating 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 those records 9. Incapacitated persons' estates: Matters relating to the administration and distribution of the real and personal property of the estates of incapacitated persons 10. Absentees' and presumed decedents' estates: Matters relating to the administration and distribution of the real and personal property of absent persons and of presumed decedents 11. Fiduciaries: Matters relating to 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 12. Specific performance of contracts: Matters relating to the enforcement of performance by either party of any agreement made by a decedent to purchase or sell real or personal property 13. Construction of administrative power: Matters relating to the construction of an administrative power as to real estate proposed to be exercised by a fiduciary of an estate or trust 14. Disposition of title to real estate to render it freely alienable: Matters relating to 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 15. Title to personal property: Matters relating to the adjudication of the title to personal property in the possession of the personal representative, 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 16. Marriage licenses: Matters relating to obtaining marriage licenses 17. Inheritance and estate taxes: Matters relating to inheritance and estate taxes