Petition Of Distribution (Intestacy)

Page 1 of 6 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE ESTATE OF _______________________________ _______________________________ Deceased FORM NO. 47 No. _______ of ________ INTESTACY PETITION FOR DISTRIBUTION To the Honorable, the Judges of said Court: The petition of _____________________________________________________ respectfully represents: 1. The decedent died _______________________, _______, intestate, and at State or Foreign Nation that time was domiciled in ____________________________________ and resided in _______________________________________________________. City County State Letters of administration on the estate were granted on the __________ day of __________________, _______, with _________________________________ as surety, was approved. Complete advertisement of letters was made in the ________________________ and the daily edition of the Pittsburgh Legal Journal, the first publication having been made on the _____________day of ___________________, _________respectively, more than four months before the filing of the account. Proofs of publication marked Exhibit "A" are attached. [intestacy] American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 6 An inventory, a copy of which (certified by counsel or by Director) is hereto attached and Attach additional pages if necessary marked Exhibit "B", was filed on the ___________ day of _______________________, _______. Since filing the account, (a) the following assets have been discovered: (b) the following income has been received: (c) the following disbursements have been made: See secs. 31213126 of P.E.F. Code 2. The family exemption of $__________was_______ claimed by ______________ _________________________ out of ___________________________________ Personalty or Realty [intestacy] American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 6 Give preferred claims first and mark "P". If balance includes proceeds of judicial sale, attach List of Liens Marked Exhibit "C". 3. Accountant has given written notice of the filing of the account and of the call thereof for audit or confirmation to every unpaid creditor who has given written notice of his claim to the accountant or his attorney of record. The following is a list of all creditors, together with the amounts of their claims and to what extent their claims are admitted: NAME Amount NAME Amount If decedent was an inmate of a public institution. 4. (a) A copy of the account, certified by counsel, has been filed with the Department of Revenue of the State of Pennsylvania in accordance with Section 7, Rule 6 of the Orphans' Court Rules of the Supreme Court of Pennsylvania. (b) Within three months after the grant of letters notice was given to __________ ________________________________ by which the decedent was maintained in an institution. (c) Is a charitable interest involved?______________________________ If so, has notice been given to the Attorney General?_______________________ See sec. 3393 P.E.F. Code. See Supreme Court O.C. Rules, Sec. 5, Rule 5, and Local Rule 41. If decedent was a veteran or the child of a veteran entitled to benefits. Indicate any exceptions 5. A copy of the account, certified by counsel, has been filed with the United States Veterans Administration in accordance with Rule 6.8 of the Orphans' Court Rules of the Supreme Court of Pennsylvania. 6. All parties, other than creditors, known to the accountant to have an interest in the estate as heirs or next of kin, have had written notice of the filing of the account and of its call for audit. [intestacy] American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 6 7. (a) The following parties are not sui juris and are not represented: (b) The following parties are enemy aliens or residents of enemy occupied Explain. territory: (c) The following parties are in the military service of the United States: (d) Accountant is ____________ acting in a dual fiduciary capacity. Taxes 8. (a) The estate is ____________ subject to the payment of a transfer inheritance tax to the State of Pennsylvania and the tax has _____________been paid. (b) The estate is _____________subject to the payment of a federal estate tax and the tax has _____been paid. A petition for proration of taxes under Chapter 37 of the Probate, Estates and Fiduciaries Code of 1972 or its successor will ____________ be filed. (c) The estate is _____________subject to the payment of a Pennsylvania estate tax and the tax has ________ been paid See sec. 3330 P.E.F. Code 9. Within three months after the grant of letters, written notice was ________ sent to each corporation and association named as a beneficiary in the decedent's will. 10. (a) Decedent was ________ married. (b) The spouse did _______ survive. (c) There is ________ election by surviving spouse. Attach copy of elections marked Exhibit "D" Marital status on date of death (d) There was _________ marriage settlement. (e) The family relationship was ________ maintained. Give caption number and present status 11. At the time of death, the decedent was known to be a fiduciary of the following estates: [intestacy] American LegalNet, Inc. www.FormsWorkFlow.com Page 5 of 6 12. The names of all persons having interests as legatees, next of kin, devisees or heirs, including adopted children, with names of parents of all children if necessary to show relationship, are as follows: Name Legatees, next of kin, devisees or heirs Sui Juris (Yes or No) Guardian Bond Give names, dates of death, fiduciaries, issue, adopted children, spouse. 13. All parties in interest are living except: See Rule 3. Sec 19 (c) 14. The balance for distribution is personalty _____________ realty. Proposed Schedule B of the decree of distribution is submitted herewith separately. Attach elections, if any, marked Exhibit "E". See Sec. 3534 P.E. F. Code. 15. Elections to take in kind, if any: 16. The spouse of decedent has ______ claimed personalty ________real estate in the amount of $30,000.00 as allowed by Section 2102 (3) of the Probate, Estates and Fiduciaries Code. [intestacy] American LegalNet, Inc. www.FormsWorkFlow.com Page 6 of 6 17. (a) No distribution has been made other than that appearing in the account and shown in the attached receipts marked Exhibit "G". (b) Advancements prior to death if any: Attach originals and mark each as an Exhibit beginning with "H". (c) Attachments are as follows: 18. Contracts, assignments, and other writings are as fo