(a) Within three months after a grant of
letters or whenever there is a change in personal representative, a personal
representative 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 a 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 Title 20;
(4) the appointed guardian of the estate,
parent or legal custodian of any beneficiary who is a minor;
(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 (i) which is a residuary beneficiary, including as a
beneficiary of a residuary testamentary trust; (ii) whose legacy exceeds
$25,000; or (iii) whose interest in a legacy will not be paid in
full;
(7) the Attorney General on
behalf of any governmental beneficiary;
(8) the fiduciary of any estate or trust
which is a beneficiary or, if the personal representative is a fiduciary of
such estate or trust, then the beneficiaries of such estate or trust; and
(9) such other persons and in such
manner as may be required by local rule.
(b) A "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. ยง
2514.
(c) Notice shall be given by personal service
or by first-class, prepaid mail to each person and entity entitled to notice
under subparagraph (a)(1)-(9) whose address is known or reasonably available to
the personal representative.
(d)
Within ten (10) days after giving the notice required by paragraph (a) of this
Rule, the personal representative or the personal representative's counsel
shall file with the Register a certification that notice has been given as
required by this Rule.
(e) Upon the
failure of the personal representative or the personal representative's counsel
to file the certification on a timely basis, the Register shall, after ten days
subsequent to providing written notice to each personal representative and
their counsel, notify the court of such delinquency.
(f) This Rule shall not alter or diminish
existing rights or confer new rights.
(g) The Register shall deliver a copy of Rule
10.5 and the forms of notice and
certification approved by the Supreme Court to each personal representative not
represented by counsel at the time letters are granted.
Note: Rule
10.5 is derived from former Rule
5.6. Subdivision (a) applies to
an initial grant of letters and to all changes in personal representative,
including a grant of letters to a successor personal representative or due to
the death or resignation of a personal representative when there are other
personal representatives who continue to serve. Subdivision (d) of this Rule
does not prohibitthe Register from charging a fee for filing this
certification. The form of notice and certification of notice required by Rule
10.5 is set forth in the
Appendix. Subdivision (e) of this Rule is not intended to limit the inherent
power of the court to impose sanctions upon a delinquent personal
representative or counsel.
