Rule 5 Form and Content of Petition

Who May File. Any interested person, regardless of whether that person is a resident of the Commonwealth, may petition the court to probate a decedent’s will or, if the decedent did not leave a will, for letters of administration. Testate Proceedings. In proceedings in which the decedent left a will, the petition to probate the will must include a copy of the will and must contain:

(1) The decedent’s full name; date of birth, if it can be readily ascertained; residency at death; and date and place of death;

(2) The name of the petitioner;

Rule 5(a) was previously Rules 4 and 14 in the 1996 version of these rules.

(3) Whether the person named as executor consents to act or renounces their right to letters testamentary;

(4) A caption for the matter, which must take the form “In re Estate of [decedent’s full name]”;

(5) A declaration that the decedent left a will;

(6) A statement that the decedent owned real or personal property in the Commonwealth;

(7) A statement of the petitioner’s interest in the proceeding;

(8) If the petitioner is a corporation, proof that the agent petitioning on the corporation’s behalf has authority to do so;

(9) The mailing address, email address, and phone number of the petitioner, or, if the petitioner is a corporation, the mailing address of the corporation and an email address and phone number of an agent of the corporation who will serve as a person of contact;

(10) A statement of whether the petitioner will seek reasonable compensation for services rendered on behalf of the estate;

(11) The names and addresses of all devisees named in the decedent’s will who are reasonably ascertainable on the date the petition is filed;

(12) The names and addresses of the known creditors of the decedent;

(13) A statement verifying that the petitioner has read the petition and certifying that all statements in the petition are true and correct; and

(14) A draft notice of hearing, which must:

(A) State that creditors and devisees have 60 days from the date of first publication in an online newspaper or other medium of general circulation in the Commonwealth to file a claim against the decedent’s estate; and

(B) State that failure to file a timely claim by a creditor or devisee will bar that claim. Intestate Proceedings. In proceedings in which the decedent died without a will, the petition for letters of administration must contain:

(1) The decedent’s full name; date of birth, if it can be readily ascertained; residency at death; and date and place of death;

(2) The name of the petitioner;

(3) A caption for the matter, which must take the form “In re Estate of [decedent’s full name]”;

(4) A statement that the decedent owned real or personal property in the Commonwealth;

(5) A statement of the petitioner’s interest in the proceeding;

(6) If the petitioner is a corporation, proof that the agent petitioning on the corporation’s behalf has authority to do so, and a nomination of a natural person to serve as the administrator;

(7) The mailing address, email address, and phone number of the petitioner, or, if the petitioner is a corporation, the mailing address of the corporation and a phone number and email address of an agent of the corporation who will serve as a person of contact;

(8) A statement of whether the petitioner will seek compensation for services rendered on behalf of the estate;

(9) A certified copy of the decedent’s death certificate, or, if no death certificate is available, a court order declaring that the decedent is presumed to be dead;

(10) The names, mailing addresses, and, if available, email addresses, of the known heirs and known creditors of the decedent;

(11) A statement verifying that the petitioner has read the petition and certifying that all statements in the petition are true and correct; and

(12) A draft notice of hearing, which must:

(A) State that creditors have 60 days from the date of first publication in an online newspaper or other medium of general circulation in the Commonwealth to file a claim against the decedent’s estate; and

(B) State that failure to file a timely claim by a creditor will bar that claim.