🏛 Practice Area
Orphans' Court & Fiduciary Litigation
Will contests, guardianships, trust disputes, and accountings in Bucks County
Will contests, guardianships, trust disputes, and accountings in Bucks County
These are the cases where families are in conflict and the outcome determines who controls assets, who serves as fiduciary, and who inherits.
Yes. Before probate, you can file a caveat with the Register of Wills under 20 Pa.C.S. § 906 to prevent the will from being admitted. If the will has already been probated, a challenge must be brought within one year under § 908. Grounds include lack of testamentary capacity, undue influence, fraud, improper execution, or revocation. See our Will Contests & Caveats page for details.
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.
From petition to hearing, typically 4 to 8 weeks. Emergency guardianships can be obtained more quickly. After appointment, the guardian must file an inventory within 90 days and annual reports thereafter.
Yes. Orphans' Court is a specialized division with its own rules of procedure, its own case law, and its own judges. There is no jury, the judge decides everything.
It's strongly recommended. Orphans' Court has unique procedural requirements and substantive law that differ significantly from other courts. Mistakes can be costly.
In Bucks County, expect $3,000–$10,000+ for an uncontested guardianship. Contested guardianships can cost significantly more. After appointment, there are ongoing costs.
A formal accounting is filed with the Orphans' Court and is subject to audit and objections. An informal accounting is presented directly to beneficiaries. If all beneficiaries consent, a formal accounting may not be required.
The Register of Wills is an administrative office; it probates wills, grants letters, and collects inheritance tax. The Orphans' Court is a judicial body that resolves disputes, adjudicates accountings, appoints guardians, and removes fiduciaries.
With the Clerk of the Orphans' Court, not the Register of Wills. 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.
Orphans' Court. The Register has no authority to resolve disputes between beneficiaries and executors.
The Register can refuse if statutory requirements aren't met. But if a dispute arises about the will's validity, the Register certifies the matter to Orphans' Court.
An audit is the court hearing where the judge reviews the fiduciary's accounting, hears objections, and issues a decree of distribution. An audit is required whenever a formal accounting is filed.
Filing fees vary by petition type; expect $100–$300+ in filing fees plus advertising costs. This is separate from attorney fees.
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