Rule 12.1. Family exemption.

 (a)  A petition for a family exemption shall set forth

   (1)  facts establishing a prima facie right of the petitioner to the exemption;

   (2)  if the exemption is claimed from real estate, a request for the appointment of two appraisers to appraise the same;

   (3)  a description of the property claimed; and

   (4)  whether allowance of the claim prior to the audit or confirmation of the account is requested.

 (b)  The manner of appraising the property, of filing and confirming the appraisal, and of advertising or giving notice thereof shall be prescribed by local rules.

 (c)  The court may, at the request of the petitioner, award in distribution, specific real estate included in the account in satisfaction of, or on account of, the family exemption without the necessity of compliance with the procedure outlined in subparagraphs (a) and (b) of this rule, provided, however, that all parties in interest agree in writing to the valuation at which the real estate is to be awarded.

   Official Note

   The Act of 1959, Nov. 10, P. L. 1450 (20 P. S. §  320.211) increased the exemption to $1,000.00 where decedent died after that date. The Act of 1963, June 11, P. L. 124 (20 P. S. §  320.211) added parents as possible claimants. The suggested general language not only avoids exception for effective dates but also may obviate future revisions of the Rule should the Legislature continue to expand the scope of the exemption.  Paragraph (c) is an adaptation of a similar provision in Rule 12.2 of this Section. It would facilitate the award where all parties in interest are in accord.



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