Rule 5.6. Notice to Beneficiaries and Intestate Heirs.

 (a)  Requirement of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative’s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to:

   (1)  every person, corporation, association, entity or other party named in decedent’s will as an outright beneficiary whether individually or as a class member;

   (2)  the decedent’s spouse and children, whether or not they are named in, or have an interest under, the will;

   (3)  where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of the Probate, Estate and Fiduciaries Code;

   (4)  the appointed guardian of the estate, parent or legal custodian of any beneficiary who is a minor child under the age of eighteen years;

   (5)  the appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is an adjudicated incapacitated person;

   (6)  the Attorney General on behalf of any charitable beneficiary whose interest exceeds $25,000 or which will not be paid in full;

   (7)  the Attorney General on behalf of any governmental beneficiary;

   (8)  the trustee of any trust which is a beneficiary; and

   (9)  such other persons and in such manner as may be required by any local rule of court.

 (b)  Definition of Beneficiary. ‘‘Beneficiary’’ shall be deemed to include any person who may have an interest by virtue of the Pennsylvania anti-lapse statute, 20 Pa.C.S. §  2514.

 (c)  Manner of notice. Notice shall be given by personal service or by first-class, prepaid mail to each person and entity entitled to notice under subdivision (a)(1)—(9) whose address is known or reasonably available to the personal representative.

 (d)  Certification of notice. Within ten (10) days after giving the notice required by subdivision (a) of this Rule, the personal representative or the personal representative’s counsel shall file with the Register or Clerk a certification that notice has been given as required by this Rule. No fee shall be charged by the Register or Clerk for filing the certification required by this subdivision.

 (e)  Failure to file certification. Upon the failure by the personal representative or the personal representative’s counsel to file the certification on a timely basis, the Register shall, after ten (10) days prior written notice to the delinquent personal representative and his counsel, notify the Court of such delinquency.

   Official Note

   The 1998 amendment to subdivision (e) is not intended to limit the inherent power of the Court to impose sanctions upon a delinquent personal representative or counsel.

 (f)  Effect of notice. This Rule shall not alter or diminish existing rights or confer new rights.

 (g)  Copies of rule. The Register shall deliver a copy of Rule 5.6 and the forms of notice and certification approved by the Supreme Court to each personal representative and counsel at the time letters are granted.

   Explanatory Note

   It is not the intention of the Rule to require notice beyond the degree of consanguinity entitling a person to inherit under Chapter 21 of the Probate, Estates and Fiduciaries Code.

   Committee Comment—2006

   The form of notice and certification of notice required by Rule 5.6 and formerly set forth in rule 5.7 have been revised and moved to the Appendix. Subparagraph (f) has been restated to correct a typographical error in the prior version of the rule.

Source

   The provisions of this Rule 5.6 adopted April 30, 1992, effective July 1, 1992, 22 Pa.B. 2678; amended December 23, 1998, effective January 1, 1999, 29 Pa.B. 327; amended October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760. Immediately preceding text appears at serial pages (255427) to (255428) and (252123) to (252124).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.