Guardianships, Will Contests, Trust Disputes & Accountings
Routine probate stays at the Register of Wills. When things get contested — will challenges, fiduciary removal, guardianships, accountings, trust disputes — the matter moves to Orphans' Court, where a judge decides everything with no jury. We practice here regularly.
Yes. Orphans' Court is a specialized division with its own rules of procedure (Pa.O.C. Rules), its own body of case law, and its own judges. There is no jury — the judge decides everything. Proceedings are generally less formal but require specialized knowledge.
It's strongly recommended. Orphans' Court has unique procedural requirements and substantive law that differ significantly from other courts. Mistakes can be costly and are often difficult to undo.
From petition to hearing, typically 4–8 weeks. The court enters a preliminary decree and sets a hearing at least one month out to allow the 20-day notice period. Emergency guardianships can be obtained more quickly. After appointment, the guardian must file an inventory within 90 days and annual reports thereafter — guardianship is an ongoing obligation, not a one-time event.
Yes. You can file objections to the executor's accounting, petition for removal, or bring a surcharge action. The remedy depends on the specific issue — consult with an attorney to determine the best approach.
A formal accounting is filed with the Orphans' Court and is subject to audit and objections. An informal accounting is presented directly to beneficiaries for approval. If all beneficiaries consent, a formal accounting may not be required — but the executor takes on more risk.
Yes, by filing a caveat with the Register of Wills under Pa.O.C. Rule 6.3. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. A caveat must be filed within one year of probate. The matter is certified to Orphans' Court for a full evidentiary hearing where the burden falls on the will's proponent.
In Bucks County, expect $3,000–$10,000+ in legal fees for an uncontested guardianship (petition, hearing, appointment). Contested guardianships can cost significantly more. After appointment, there are ongoing costs — annual report preparation, bond premiums, and potential legal fees for any transactions requiring court approval.
An audit is the court hearing where the judge reviews the fiduciary's accounting, hears any objections, and issues a decree of distribution. In Bucks County, audit dates are published in advance and accounts must be filed by the 5th Wednesday before the target date. An audit is required whenever a formal accounting is filed — it is the mechanism by which the court confirms or modifies the proposed distribution.
Filing fees vary by petition type — guardianship petitions, accountings, and general petitions each have different fee schedules set by the Clerk of the Orphans' Court. Expect $100–$300+ in filing fees plus any advertising costs. This is separate from attorney fees.
The Register of Wills is an administrative office — it probates wills, grants letters, accepts filings, and collects inheritance tax. The Orphans' Court is a judicial body — a division of the Court of Common Pleas with a judge who resolves disputes, adjudicates accountings, appoints guardians, and removes fiduciaries. In Bucks County, both offices are on the same floor and run by the same official (Douglas Wayne, Esq.), but their authority is completely different.
Orphans' Court. The Register has no authority to resolve disputes between beneficiaries and executors, compel an executor to act, or evaluate whether the executor is performing properly. To challenge an executor, you file objections to the accounting or a petition for removal with the Orphans' Court.
The Register can refuse to probate a will if the statutory requirements aren't met — for example, if witnesses can't be produced or the will doesn't appear to be properly executed. But if a dispute arises about the will's validity (capacity, undue influence, forgery), the Register certifies the matter to the Orphans' Court. The Register doesn't adjudicate contested issues.
With the Clerk of the Orphans' Court — not the Register of Wills. The Clerk places accounts on the audit list. In Bucks County, audits are called at 10:00 AM on the first Monday of each month. File by the 5th Wednesday before your target audit date.
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