Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 751 (2026)

Appointment; purpose.

✓ current as of May 2026

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SUBCHAPTER F

MASTERS, AUDITORS, EXAMINERS, GUARDIANS AD

LITEM AND TRUSTEES AD LITEM

Sec.

751. Appointment; purpose.

752. Compensation.

753. Subpoenas.

754. Power to administer oaths (Repealed).

§ 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).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1985–2023 · leading case: Rehrer v. Youst, 91 A.3d 183 (Pa. Super. Ct. 2014).

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Rehrer v. Youst, 91 A.3d 183 (Pa. Super. Ct. 2014). “See 20 Pa.C.S. § 751(5) (“The orphans’ court division may appoint: .”

In re Stapas, 820 A.2d 850 (Pa. Commw. Ct. 2003). · cites it 3× “Herein, the Orphan’s Court recognized Ioana/Grandmother as a temporary guardian ad litem pursuant to Section 751 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 751. Section 751(5) provides that the Orphan’s Court, on petition or on its own motion, may appoint a…”

In re Sweeney, 695 A.2d 426 (Pa. Super. Ct. 1997). “” 20 Pa.C.S. § 751(1). Section 753 provides the master *429 with subpoena power, and the Judicial Code at 42 Pa.”

In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). · cites it 9× “Notice of Hearings An auditor or master appointed pursuant to 20 Pa.C.S. § 751 shall give notice of scheduled hearings in such manner and to such parties as local rules shall prescribe.”

Est. of Ricky E. Hull v. Showman, M. (Pa. Super. Ct. 2023). “The trial court also directed that, once the claims were filed with the orphans’ court division, it would appoint a master pursuant to 20 Pa.C.S. § 751, with the master’s costs to be borne by the Estate.”

In re Niedbala, 36 Pa. D. & C.3d 397 (1985). “508, §751, 20 Pa. C.S. §751; Application of Saxton, 309 N.”

— 20 Pa. Cons. Stat. § 751(1) — 1 case

In re Sweeney, 695 A.2d 426 (Pa. Super. Ct. 1997). “” 20 Pa.C.S. § 751(1). Section 753 provides the master *429 with subpoena power, and the Judicial Code at 42 Pa.”

— 20 Pa. Cons. Stat. § 751(5) — 2 cases

Rehrer v. Youst, 91 A.3d 183 (Pa. Super. Ct. 2014). “See 20 Pa.C.S. § 751(5) (“The orphans’ court division may appoint: .”

In re Stapas, 820 A.2d 850 (Pa. Commw. Ct. 2003). “Herein, the Orphan’s Court recognized Ioana/Grandmother as a temporary guardian ad litem pursuant to Section 751 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 751. Section 751(5) provides that the Orphan’s Court, on petition or on its own motion, may appoint a…”

— 20 Pa. Cons. Stat. § 751(6) — 3 cases

In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “Notice of Hearings An auditor or master appointed pursuant to 20 Pa.C.S. § 751 shall give notice of scheduled hearings in such manner and to such parties as local rules shall prescribe.”

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