Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 764 (2026)

Citation.

✓ current as of May 2026

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§ 764. Citation.

Jurisdiction of the person shall be obtained by citation to be awarded by the orphans' court division upon application of any party in interest. The citation shall direct the party named therein to file a complete answer under oath to the averments of the petition on or before a day certain, which shall be not less than ten days after the service thereof, and to show cause as the decree of the division shall provide.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1988–2025 · leading case: In Re Est. of Miller, 18 A.3d 1163 (Pa. Super. Ct. 2011).

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In Re Est. of Miller, 18 A.3d 1163 (Pa. Super. Ct. 2011). “See 20 Pa. C.S. § 764. 6 .The trial court found it had jurisdiction pursuant to Section 711(17).”

Est. of Edward Winslow Taylor Inter Vivos Trust, 169 A.3d 658 (Pa. Super. Ct. 2017). “” 20 Pa.C.S. § 764. Appellants argue the orphans’ court should have issued the citation “as a matter of right upon application by Appel *664 lants.”

In Re Est. of Albright, 545 A.2d 896 (Pa. 1988). “The record discloses no issuance of a citation to B & A and it is this omission that appellants seize upon to argue that the June 10th order is a nullity because the court lacked personal jurisdiction over them when it was entered.”

Stanley, S. v. Hendershot, N. (Pa. Super. Ct. 2018). · cites it 5× “Plaintiff therefore requested that under 20 Pa.C.S. § 764, the court issue a citation to all parties in interest to show cause why the appeal should not be granted and the June 24, 2016 decree of the Register of Wills set aside.”

Est. of Anne v. Ballinger (Pa. Super. Ct. 2017). “" 20 Pa.C.S. § 764. Since no party requested a Citation be issued, the Trial Court properly did not issue one.”

In Re: Est. of R.T., Appeal of: N.H.T. (Pa. Super. Ct. 2025). “” 20 Pa.C.S. § 764. Thus, pursuant to section 764, matters relating to the issuance of citations are issues of personal jurisdiction, not subject matter jurisdiction.”

Est. of Gregg A. Schwotzer, 2021 Pa. Super. 120 (Pa. Super. Ct. 2021). “The ____________________________________________ 3 The petition was filed pursuant to 20 Pa.C.S. § 764. -5- J-A09033-21 Petitioners also alleged in a breach of contract count that the Revocations violated the Shareholder Agreements.”

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