§ 712. Nonmandatory exercise of jurisdiction through orphans' court division.
The jurisdiction of the court of common pleas over the following may be exercised
through either its orphans' court division or other appropriate division:
(1) Title to real estate.--The determination of the persons to whom the title to real estate of a decedent or
of the creator of an estate or trust has passed by devise or descent or by the terms
of the trust instrument where jurisdiction of such estate or trust is exercised through
the orphans' court division: Provided, That nothing herein shall be construed to restrict
the provisions of section 711 (relating to mandatory exercise of jurisdiction through
orphans' court division in general) relating to distribution of real estate in an
estate or trust. If section 3546 (relating to determination of title to decedent's
interest in real estate) applies, the procedures under that section shall govern.
For other actions to quiet title to real estate, this section shall govern.
(2) Guardian of person.--The appointment, control and removal of the guardian of the person of any incapacitated
person.
(3) Other matters.--The disposition of any case where there are substantial questions concerning matters
enumerated in section 711 and also matters not enumerated in that section.
(4) Powers of attorney.--(Deleted by amendment).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.;
Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60
days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; Oct. 12, 1999, P.L.422, No.39,
eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment. Act 79 amended par. (1).
1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating
to applicability.
1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating
to applicability.
Cross References. Section 712 is referred to in section 711 of this title.
Notes of Decisions
Mark Hershey Farms, Inc. v. Robinson, S., 171 A.3d 810 (Pa. Super. Ct. 2017).
“” 20 Pa.C.S. § 712. In addressing the issue of subject matter jurisdiction at the preliminary objection stage, the trial court in the instant case concluded that because this was a contract claim and not related to the administration of the estate, Orphans’ Court lacked…”
Rehrer v. Youst, 91 A.3d 183 (Pa. Super. Ct. 2014).
· cites it 2× “20 Pa.C.S. § 712. .Pursuant to Pa.R.C.P. 2027, a minor’s interest is required to be represented during litigation by a guardian, “who shall supervise and control the conduct of the action.”
Est. of Gilbert, 492 A.2d 401 (Pa. 1985).
· cites it 2× “Since the orphans’ court division had jurisdiction to determine the ownership of jointly owned accounts and this required an examination of the relationship between appellant and decedent and a determination of whether there was a confidential relationship and/or the exercise of…”
In Re Est. of Hall, 535 A.2d 47 (Pa. 1987).
“20 Pa.C.S. § 712 confers upon the Orphans’ Court Division broad residual and discretionary jurisdiction over all matters that are subject to resolution by courts of common pleas generally.”
Est. of Ciuccarelli, 81 A.3d 953 (Pa. Super. Ct. 2013).
“The jurisdictional statute at issue in Cantor was 20 Pa.C.S. § 712, which delineates the non-mandatory jurisdiction of the Orphans' Court Division.”
In Re Fiori, 652 A.2d 1350 (Pa. Super. Ct. 1995).
· cites it 2× “I take my directive from the Act, out of which a semblance of form and substance can be gleaned in setting perimeters when dealing with an alleged incapacitated person; to-wit: 1) Court involvement may begin with a petition being filed by any person interested in the alleged…”
Carr v. Rose, 701 A.2d 1065 (D.C. 1997).
“” Moreover, 20 Pa. Cons.Stat. § 712 (1996) confers upon the Orphans’ Court division broad residual and discretionary jurisdiction over all matters that are *1073 subject to resolution by courts of common pleas generally.”
Est. of Gentry v. Diamond Rock Hill Realty, LLC, 111 A.3d 194 (Pa. Super. Ct. 2015).
“” 20 Pa.C.S. § 712(1). Nothing in Section 712 ”restrict[s] the provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans’ court division in general) relating to distribution of real estate in an estate or trust.”
In Re Est. of Soupcoff, 477 A.2d 1388 (Pa. 1984).
“§ 711(17), the trial court could have exercised jurisdiction under 20 Pa.C.S. § 712 which provides: § 712. Nonmandatory exercise of jurisdiction through orphans’ court division The jurisdiction of the court of common pleas over the following may be exercised through either its…”
Est. of Richard L. Michael (Pa. Super. Ct. 2022).
· cites it 3× “20 Pa.C.S. § 712(3). ____________________________________________ 401(k) account and life insurance policy, we observe that the parties focus primarily on the 401(k) proceeds.”
In Re: Est. of Kevin Swain (Pa. Super. Ct. 2021).
· cites it 2× “5 Appellant also cites 20 Pa.C.S. § 712 (nonmandatory exercise of jurisdiction through orphans’ court division), for the proposition that the orphans’ court could have exercised jurisdiction.”
— 20 Pa. Cons. Stat. § 712(1) — 2 cases
Est. of Gentry v. Diamond Rock Hill Realty, LLC, 111 A.3d 194 (Pa. Super. Ct. 2015).
“” 20 Pa.C.S. § 712(1). Nothing in Section 712 ”restrict[s] the provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans’ court division in general) relating to distribution of real estate in an estate or trust.”
— 20 Pa. Cons. Stat. § 712(3) — 11 cases
Rehrer v. Youst, 91 A.3d 183 (Pa. Super. Ct. 2014).
“20 Pa.C.S. § 712. .Pursuant to Pa.R.C.P. 2027, a minor’s interest is required to be represented during litigation by a guardian, “who shall supervise and control the conduct of the action.”
Est. of Gilbert, 492 A.2d 401 (Pa. 1985).
“Since the orphans’ court division had jurisdiction to determine the ownership of jointly owned accounts and this required an examination of the relationship between appellant and decedent and a determination of whether there was a confidential relationship and/or the exercise of…”
Est. of Richard L. Michael (Pa. Super. Ct. 2022).
“20 Pa.C.S. § 712(3). ____________________________________________ 401(k) account and life insurance policy, we observe that the parties focus primarily on the 401(k) proceeds.”
In Re: Est. of Kevin Swain (Pa. Super. Ct. 2021).
“5 Appellant also cites 20 Pa.C.S. § 712 (nonmandatory exercise of jurisdiction through orphans’ court division), for the proposition that the orphans’ court could have exercised jurisdiction.”
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