courts: Rule 1534*. Accounts of Fiduciaries--Notice.

Montgomery County, PA

P.O. Box 311, Norristown, PA 19404-0311
Courthouse Hours: 8:30a.m. to 4:15p.m.
Phone: 610-278-3000
Website: www.montcopa.org

Rule 1534*.               Accounts of Fiduciaries - Notice

 

(a)      At least three weeks before the presentation of the account of any

trustee, committee, guardian, assignee for the benefit of creditors,

receiver or other fiduciary, notice of the filing thereof and of the petition

for distribution shall be served upon all parties interested (including

creditors and shareholders) whose whereabouts are known and

except in the case of triennial accounts of trustees, committees and

guardians, shall also be published in the Montgomery County Law

Reporter and a newspaper of general circulation once a week for

three successive weeks, unless publication is waived by the Court.

(b)      Said notice shall set forth that the account and petition for

distribution have been filed in the Office of Prothonotary, and will be

presented to the Court at a certain time for such action as the Court

may deem expedient, and that the account may then be confirmed

and distribution made of the fund, unless exceptions thereto be

previously filed or cause shown to the contrary.

(c)      Proof of service of said notices and of said publication shall be

submitted at the audit.

(d)      If no exceptions have been filed, the account may be confirmed

absolutely upon such proof of service.

(e)      Similar notice must be given of petitions for the reconveyance of

assigned estates.

(f)      The accountant shall file with the account a petition for distribution

of the fund in form similar to that of petitions for distribution required

by the Orphans’ Court to be presented at the audit of accounts in that

Court.

(g)      The petition for distribution shall contain also (1) a list of the

names of creditors or claimants against the fund for distribution whose

claims are believed by the accountant to be just; (2) a list of claims

that are to be contested; (3) a list of claims that appear to the

accountant to be justly entitled to a preference or lien upon the fund;

(4) a list of claims for preference or lien that are disputed. In all

cases, the amount of the claim shall be stated.

(h)      Schedule of Distribution. A proposed schedule of distribution may

be attached to or filed with the account and after final confirmation,

the Court may, on motion, decree distribution in conformance therewith.

If no proposed schedule of distribution has been submitted with the

account, or if a material change therein is proposed, no decree of

distribution will be made by the Court until such notice has been given

to the parties interested as the Court may order.

(i)       Exceptions to Accounts of Schedule of Distribution. Exceptions to

an account or schedule of distribution shall be placed on the argument

list.