§ 908. Appeals.
(a) When allowed.--Any party in interest seeking to challenge the probate of a will or who is otherwise
aggrieved by a decree of the register, or a fiduciary whose estate or trust is so
aggrieved, may appeal therefrom to the court within one year of the decree: Provided,
That the executor designated in an instrument shall not by virtue of such designation
be deemed a party in interest who may appeal from a decree refusing probate of it.
The court, upon petition of a party in interest, may limit the time for appeal to
three months.
(b) Bond.--The court, upon cause shown and after such notice, if any, as it shall direct, may
require a surety bond to be filed by anyone appealing from a decree of the register
conditioned for the payment of any costs or charges that may be decreed against him.
The sufficiency of the surety shall be determined by the register in the first instance,
with right of appeal to the court. If a bond in compliance with the final applicable
order is not filed within ten days thereafter, the appeal shall be considered abandoned.
(c) Effect of appeal.--No appeal from a decree of the register shall suspend the powers or prejudice the
acts of a personal representative to whom letters have been granted.
(d) Excepted appeals.--This section shall not apply to appeals for inheritance tax purposes, or to appeals
specially regulated by law.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.;
July 7, 2006, P.L.625, No.98, eff. 60 days)
2006 Amendment. Act 98 amended subsec. (a).
1976 Amendment. Act 135 amended subsecs. (a) and (b).
1974 Amendment. Act 293 amended subsec. (d), retroactive to July 1, 1972.
Cross References. Section 908 is referred to in section 3133 of this title.
Notes of Decisions
Cited in
31
cases (
7 in the last 5 years), 1974–2025 · leading case:
Estate of Shelly
Estate of Shelly (1975)
pa · cites it 4×
“164, § 3, as § 908(a) of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 908(a) (Supp. 1975). [5] The filing of "petitions for appeal" with the orphans' court was not in accordance with local rules of procedure which directed the filing of an appeal with the register…”
Lucidore v. Novak (1990)
pa · cites it 4×
“They also averred that pursuant to 20 Pa.C.S. § 908, parties aggrieved by a decree of the register are required to post bond when appealing.”
In Re: Estate of: Ruhlman, K. Appeal of: Ruhlman,D (2023)
pasuperct · cites it 2×
“], 61 days after probate of the first-discovered will, petitions under 20 Pa.C.S. Section 908 (appeal from probate authorized if filed within one year from probate of the earlier will) to probate a valid after[-]discovered and later-dated will, does the Orphans' Court err as a…”
Estate of Bruner (1997)
pasuperct · cites it 2×
“1 He interprets Splain’s exceptions to the accounting as a challenge to the validity of the residuary clause and therefore to the will itself and argues that they should therefore have been raised within one year of the decree admitting the will to probate.”
In re Estate of Stout (2000)
pasuperct
“: ¶ 1 William Stout appeals the order denying and dismissing a will contest pursuant to the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 908(a). Stout contested the probate of his aunt’s Last Will and Testament, alleging that his aunt’s brother-in-law (Leslie Ransom)…”
In Re the Estate of Dodge (1987)
pa
“Martin then appealed to the Orphans’ Court of Bradford County, as permitted by 20 Pa.C.S. § 908(a). The Orphans’ Court refused a request for a hearing de novo and limited its review to the record established before the Register of Wills.”
Estate of Cooper (1986)
pa
“Contestant appealed in October, 1976, approximately 22 months later; at that time, 20 Pa.C.S. § 908(a) required all such appeals to be taken within one year of probate.”
Henning Estate (1989)
paorphctallegh · cites it 3×
“508, §908, 20 Pa.C.S. §908. A trustee, on the other hand, since he has a positive duty to defend the trust, may under the same statutory section actively participate in an appeal from any decree of the register adversely affecting the trust.”
Estate of: Hollis C. Gordon, Sr. (2017)
pasuperct · cites it 10×
“” 20 Pa.C.S. § 908(a). -3- J-A25012-17 and the [2009 Will] are fraudulent and were not drafted by”4 Decedent,5 and (2) the orphans’ court could have dismissed Petitioners’ Fifth Petition based on the fact that Petitioners lacked standing since, under the 2009 Will, which could…”
Stanley, S. v. Hendershot, N. (2018)
pasuperct · cites it 7×
“Executor first objected to the promissory estoppel claim on the basis that 20 Pa.C.S. § 908 limited appeals to the validity of the Will.”
— 20 Pa. Cons. Stat. § 908(1) — 1 case
— 20 Pa. Cons. Stat. § 908(a) — 19 cases
Estate of Shelly (1975)
pa
“164, § 3, as § 908(a) of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 908(a) (Supp. 1975). [5] The filing of "petitions for appeal" with the orphans' court was not in accordance with local rules of procedure which directed the filing of an appeal with the register…”
Estate of Bruner (1997)
pasuperct
“1 He interprets Splain’s exceptions to the accounting as a challenge to the validity of the residuary clause and therefore to the will itself and argues that they should therefore have been raised within one year of the decree admitting the will to probate.”
Lucidore v. Novak (1990)
pa
“They also averred that pursuant to 20 Pa.C.S. § 908, parties aggrieved by a decree of the register are required to post bond when appealing.”
In re Estate of Stout (2000)
pasuperct
“: ¶ 1 William Stout appeals the order denying and dismissing a will contest pursuant to the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 908(a). Stout contested the probate of his aunt’s Last Will and Testament, alleging that his aunt’s brother-in-law (Leslie Ransom)…”
— 20 Pa. Cons. Stat. § 908(b) — 1 case
Estate of Shelly (1975)
pa
“164, § 3, as § 908(a) of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 908(a) (Supp. 1975). [5] The filing of "petitions for appeal" with the orphans' court was not in accordance with local rules of procedure which directed the filing of an appeal with the register…”
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