Legal Question in Wills and Trusts in Pennsylvania
We are finalizing my Mother in Law's PA estate. We have completed all required filings so far with the Phila County Register of Wills except for the PA O. C. Rule 6.12 Status Report. The PA State inheritance filing has been accepted and all taxes paid.
We believe we have completed the Administration and are looking for a good format for providing details to the Register of Wills. The Rule 6.12 talks about submitting a report showing completion of administration. Are there guidelines or examples of how this should be presented?
We see a question regarding whether a formal account has been made to the Orphan's Court? To date, we have had no dealings with this Court and wondering the intent of this question and ,if required , what that format should be?
All distributions have been made to the three primary siblings and all are in agreement. What may we need from them to demonstrate they are satisfied with the resolution of the estate?
What is meant by the question regarding approvals ( whose??) of the account ; receipts ( what specifically); joinders ( not familiar with this term) and releases ( what nature) filed with the Orphan's Court?
Rule 6.12 says the personal representative files a final account with the Court " in the substantially prescribed form". What specific format should this be in and are there guidelines for this prescribed form or examples?
Rule 6.12 calls for the personal representative to state an account informally to the parties in interest. Detailed email communications have been used to update siblings on estate resolution. Is there again a formal outline of how this should be demonstrated to the Register of Wills?
This estate was not a large or complicated one so all has been handled ourselves.
Very much appreciate any guidance you may be able to provide.
Thank You
1 Answer from Attorneys
Making distributions prior to confirmation of the account was unwise. The people who got the property should sign what is called a receipt and release and give it to you for you to file in your final accounting,..There are no forms for this..
I hope no added monies will be owed. You need to file a formal accounting. There is no specific form of which I am aware. You may find one online or at a local law library. If you are really stuck, ask the register of wills to pull a case file on some other estate where everything was perfectly done. Look at the accounting filed in that case and copy it so you can use it as a template. Same for the receipt and release.
You obviously have not had a lawyer involved in this which was a mistake. You should have at least consulted with one to avoid any pitfalls like making a distribution early and not getting a receipt and release. It makes me wonder what else may be done wrong. I would encourage you to have the estate file reviewed by an attorney to make sure you have done everything correctly. However, if you want to continue doing this on your own, either review the estate administration manual at the local law library or ask the clerk if you can see a recently closed estate file where everything was done right and copy the documents that you need to use as a template as to what needs to be done.
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