Rule 342. Orphans’ Court Orders Appealable. Orders Determining Realty, Personalty and Status of Individuals or Entities. Orders Making Distribution.

 An order of the Orphans’ Court Division making a distribution, or determining an interest in realty or personalty or the status of individuals or entities shall be immediately appealable:

   (1)  upon a determination of finality by the Orphans’ Court Division, or

   (2)  as otherwise provided by Chapter 3 of these rules.

   Official Note

   This rule was amended in 2001 to allow appeals from orders determining an interest in realty, personalty or status of individuals or entities, upon certification of the Orphans’ Court judge. Prior to the 2001 amendment, this rule only permitted appeals from an order of distribution not final under Rule 341(b). The amendment to the rule was not intended to preclude immediate appeals in Orphans’ Court matters as heretofore permitted under Rule 311 (Interlocutory Appeals as of Right) and Rule 313 (Collateral Orders).

   However, Rule 342 may have been ambiguous in that regard because in Estate of Sorber, 2002 Pa. Super. 226, 803 A.2d 767 (2002), a panel of the Superior Court interpreted the 2001 amendment of Rule 342 to preclude immediate appeals from collateral orders unless determined to be final by the Orphans’ Court judge. The holding in Estate of Sorber, to wit, that Rule 342 precludes collateral order appeals under Rule 313, is now superseded by the 2005 amendment to Rule 342.

   The 2005 amendment provides that Rule 342 is not the exclusive means for appealing orders: (a) determining an interest in realty or personalty or the status of individuals or entities, or (b) making a distribution. An aggrieved party may appeal such orders under any other Rule in Chapter 3 of the Rules of Appellate Procedure to the extent that the order meets the requirements for appealability under any such rule.

   The provisions of this Rule 342 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended December 20, 2000, effective January 1, 2001, 31 Pa.B. 7; amended June 29, 2005, effective 60 days after adoption, 35 Pa.B. 3897. Immediately preceding text appears at serial page (272383).