Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 761 (2026)

 Petitions.

✓ current as of May 2026
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SUBCHAPTER G

PROCEDURE

 

Sec.

761.  Petitions.

762.  Accounts.

763.  Writs of habeas corpus (Repealed).

764.  Citation.

765.  Service of citation.

766.  Proof of service.

767.  Parties in interest.

768.  Manner of service; proof.

769.  Power of orphans' court division (Repealed).

771.  Decree without prior hearing; attachment; sequestration (Repealed).

772.  Injunctions (Repealed).

773.  Subpoenas (Repealed).

774.  Depositions and discovery.

775.  Perpetuation of testimony and court records.

776.  Testimony in proceedings removed from register.

777.  Right to jury trial; discretion of orphans' court    division.

778.  Procedure for jury trials.

779.  Nonsuits.

781.  Methods of enforcement.

782.  Procedure on attachment of the person.

783.  Procedure on sequestration of real or personal property.

784.  Procedure on execution on personal property.

785.  Procedure on attachment execution.

786.  Procedure on execution on real estate.

791.  Allowance and allocation (Repealed).

792.  Right of appeal (Repealed).

793.  Effect of appeal.

794.  Disposition of cases on appeal (Repealed).

§ 761.  Petitions.

All applications to the orphans' court division shall be by petition in the form prescribed by general rules and shall be attested either by an affidavit or by a verified statement. In the case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days)

Notes of Decisions
Cited in 4 cases, 1982–2015 · leading case: In Re Est. of Albright, 545 A.2d 896 (Pa. 1988).
In Re Est. of Albright, 545 A.2d 896 (Pa. 1988). · cites it 2× “20 Pa.C.S. § 761. Orphans’ Court Rule 3.5 provides: Proceeding on petition shall be by citation to be awarded by the Court upon application of petitioner in any case where jurisdiction over the person of the respondent is required and has not been previously obtained.”
In Re Est. of Freedman, 453 A.2d 651 (Pa. Super. Ct. 1982). “20 Pa.C.S. § 761; see also Hicks Estate, 414 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). “See 20 Pa.C.S. §§ 761, 762. Rule 3.2. Headings; Captions Pleadings shall include the docket number, if one has been assigned to the matter by the clerk or Register, and shall include a heading identifying the type of pleading filed, and in the case of a petition, identifying the…”
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). “See 20 Pa.C.S. §§ 761, 762. Rule 3.2. Headings; Captions Pleadings shall include the docket number, if one has been assigned to the matter by the clerk or Register, and shall include a heading identifying the type of pleading filed, and in the case of a petition, identifying the…”
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