Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 7 - Orphans' Court Divisions
Section 751 - Appointment; purpose


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 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 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.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 7, 2006, P.L.625, No.98, eff. 120 days)

2006 Amendment. Act 98 amended par. (6).

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)