Pennsylvania § 751 - Appointment; purpose.

§ 751. Appointment; purpose.

The orphans' court division may appoint:

(1) Masters.--A master to investigate any issue of fact and to report his findings of fact, conclusions of law and recommendations to the court.

(2) Auditors of accounts of fiduciaries.--Except in the circumstances prohibited by law, an auditor to examine and audit an account and to determine distribution.

(3) Auditors to state accounts.--An auditor to state an account when a proper account cannot be obtained from a fiduciary or other person required to state an account.

(4) Examiners of assets.--By general rule or special order, an examiner or examiners to make periodic or special examinations of assets of estates or trusts, and to require all persons in whose custody or control such assets may be held to present them for examination.

(5) Guardians and trustees ad litem.--On petition or on its own motion, a guardian or a trustee ad litem to represent the interest, not already represented by a fiduciary, of:

(i) a person not sui juris; or

(ii) an absentee; or

(iii) a presumed decedent; or

(iv) an unborn or unascertained person.

(6) Representation of parties in interest.--Persons interested in an estate as beneficiary or heir, if minors or otherwise legally incapacitated, and possible unborn or unascertained persons, may be represented in a judicial proceeding by a guardian or trustee ad litem if the court deems necessary. The court may dispense with the appointment of a guardian or trustee ad litem for a person who is a minor or otherwise legally incapacitated, unborn or unascertained if there is a living person sui juris having a similar interest or if such person is or would be issue of a living ancestor sui juris and interested in the estate whose interest is not adverse to his. If the whereabouts of any beneficiary or heir is unknown or if there is doubt as to his existence, the court shall provide for service of notice and representation in the judicial proceeding as it deems proper.

(Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 7, 2006, P.L.625, No.98, eff. 120 days)

2006 Amendment. Act 98 amended par. (6).