Orphans' Court is a specialized division of the Court of Common Pleas with exclusive jurisdiction over estates, trusts, guardianships, and fiduciary matters — including will contests, accountings, surcharge actions, adoptions, and approval of settlements for minors and incapacitated persons. The court sits in equity (no jury) and operates under its own procedural rules (Pa.O.C. Rules), supplemented by Bucks County Local Orphans' Court Rules.
Rules 1.1–1.8 cover scope, definitions, construction, time extensions, local rules, mediation, entry/withdrawal of counsel, and forms. Rule 1.8 mandates the exclusive use of statewide forms promulgated by the Supreme Court — local variants are no longer accepted. Forms are available at www.pacourts.us/forms. Bucks County Local Rule 1.8(c) requires specific checklists to accompany accounts and petitions.
Rules 2.1–2.11 govern the form of accounts (following Model Accounts in the Appendix), separate accounting for principal and income, filing with the Clerk, notice requirements, objections, and confirmation. Accounts must include: a cover page, summary page with page references, separate schedules for receipts/gains/losses/disbursements/distributions/investments, and signature and verification pages signed by all accountants. Under Bucks O.C. Rule 2.7A, when objections are filed, a hearing date is set by the court, and claimant's attorney must file a written statement of material facts at least 20 days before the hearing.
Rules 3.1–3.15 establish that most Orphans' Court proceedings are initiated by petition rather than complaint. Petitions must be verified, must identify all interested parties (and their addresses), must state the factual basis and legal authority for relief, and must attach a proposed decree and any required exhibits, consents, or approvals. Proceedings are by citation (when jurisdiction over the person is required) or by notice. No citation or notice is required when all parties are petitioners or have filed consents.
Rules 4.1–4.7 cover format requirements, service of citations and notices, notice to the Attorney General for charitable interests, and electronic filing procedures.
Rules 5.1–5.16 address specific proceedings: declaratory judgment, family exemption, surviving spouse intestate share from real estate, surviving spouse's election, appointment of guardians ad litem and trustees ad litem, guardians of minors, appointment of trustees, discharge of fiduciaries, partition, and public and private sales of real property. Each has specific content, exhibit, and notice requirements.
Rule 7.1 allows discovery, depositions, and production of documents, conforming to civil division practice unless governed by local rule or court order. Bucks O.C. Local Rule 7.1A provides that parties may agree to discovery scope and deadlines; in the absence of agreement, leave to take discovery requires a court order upon petition showing the nature, scope, need, and good faith efforts to reach agreement.
⚠ Bucks County Filing Requirement
Per Administrative Order No. 88, every filing in the Orphans' Court Division must include a Certification of Compliance. The Clerk will reject filings without it. Additionally, all petitions must be verified under penalty of perjury (Pa.O.C. Rule 3.6).
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