Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 7 - Orphans' Court Divisions
Section 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. If section 3546 (relating to determination of title to decedent's interest in real estate) applies, the procedures under that section shall govern. For other actions to quiet title to real estate, this section shall govern.
(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.
(4) Powers of attorney.--(Deleted by amendment).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)

2016 Amendment. Act 79 amended par. (1).
1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 712 is referred to in section 711 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 7 - Orphans' Court Divisions

Extra - Chapter Notes

Section 701 - Orphans' court divisions

Section 711 - Mandatory exercise of jurisdiction through orphans' court division in general

Section 712 - Nonmandatory exercise of jurisdiction through orphans' court division

Section 713 - Special provisions for Philadelphia County

Section 714 - Conflict of laws

Section 715 - Incidental powers (Repealed)

Section 721 - Venue of decedents', minors' and incapacitated persons' estates

Section 722 - Venue of trust estates

Section 723 - Situs of testamentary trust (Deleted by amendment)

Section 724 - Situs of inter vivos trust (Deleted by amendment)

Section 725 - Change of situs; order of court (Deleted by amendment)

Section 726 - Venue of nonprofit corporations

Section 727 - Venue of cemetery companies

Section 741 - Duties of the clerk (Repealed)

Section 743 - Bill of costs (Repealed)

Section 745 - Advertisement of accounts

Section 746 - Money paid into court (Repealed)

Section 751 - Appointment; purpose

Section 752 - Compensation

Section 753 - Subpoenas

Section 754 - Power to administer oaths (Repealed)

Section 761 - Petitions

Section 762 - Accounts

Section 763 - Writs of habeas corpus (Repealed)

Section 764 - Citation

Section 765 - Service of citation

Section 766 - Proof of service

Section 767 - Parties in interest

Section 768 - Manner of service; proof

Section 769 - Power of orphans' court division (Repealed)

Section 771 - Decree without prior hearing; attachment; sequestration (Repealed)

Section 772 - Injunctions (Repealed)

Section 773 - Subpoenas (Repealed)

Section 774 - Depositions and discovery

Section 775 - Perpetuation of testimony and court records

Section 776 - Testimony in proceedings removed from register

Section 777 - Right to jury trial; discretion of orphans' court division

Section 778 - Procedure for jury trials

Section 779 - Nonsuits

Section 781 - Methods of enforcement

Section 782 - Procedure on attachment of the person

Section 783 - Procedure on sequestration of real or personal property

Section 784 - Procedure on execution on personal property

Section 785 - Procedure on attachment execution

Section 786 - Procedure on execution on real estate

Section 791 - Allowance and allocation (Repealed)

Section 792 - Right of appeal (Repealed)

Section 793 - Effect of appeal

Section 794 - Disposition of cases on appeal (Repealed)