What is Pennsylvania’s Orphans’ Court?
Orphans’ Court is a division of the Court of Common Pleas in Pennsylvania (and is commonly a division of the main trial court in other states). Why do we call it Orphans’ Court? Who are the orphans it is supposed to serve? What are the functions that it has today? In today’s article we are going to discuss what orphans court is what you need to know about it.
Orphans’ Courts were established under British Common Law
Orphans’ Courts have a long tradition going back to English common law. In England, Orphans’ Courts were established to handle the rights of orphans and widows, including rights to inheritance, dealing with estate disputes, and various matters that, today, would be considered family law. Orphans’ Courts were established and developed their own practice and rules in procedure, in addition to substance of law.
Orphans’ Court doesn’t deal with Orphans anymore
In modern legal practice, Orphans’ Court doesn’t deal with orphans in most cases. Under Pennsylvania law, custody matters generally go through our family courts, which is part of the regular “Court of Common Pleas,” the trial court of general jurisdiction in Pennsylvania.
The Orphans’ Court is now a “division” or a part of the Court of Common Pleas. This change was made statewide in the Pennsylvania Constitution of 1967. The Orphans’ Court retains its own substance of law and rules of procedure. However, Pennsylvania has abolished most other distinctions between the Civil Division of the Court of Common Pleas and the Orphans Court.
Today, the same judges who serve on the Court of Common Pleas and handle civil and family cases may also sit in the Orphans’ Court. Some counties still have a specific judge assigned to their Orphans’ Court as a matter of convenience, but in most counties, judges sit interchangeably between the two, in the very same court room, and you wouldn’t even know you were in a “different division” of the same Court just by looking.
Subject Matter of the Orphans’ Court
Orphans’ Courts deal primarily with disputes over wills, trusts and estates. This means that if someone passes away and there is a dispute over which will should be followed, over the rules of a trust, or over the violations of a trust document, the Orphans’ Court will preside. Orphans’ Court also handles certain matters related to the Boards of Directors for non-profits. The Court of Common Pleas may also deal with cy pres requests. Cy pres requests are unusual and have to do with what to do when a trust outlives its original purpose (for example, when a trust is created to support a church that no longer exists, or to contribute to a scholarship fund that is no longer necessary).
Procedure in Orphans’ Court
In Pennsylvania procedure, the rules in Orphans’ Court are more similar to the civil rules than it was in the past. But some distinctions do remain. The rules of civil procedure don’t generally apply, it’s the rules that are specific to Orphans’ Court that govern. Procedure and pleadings should follow the Orphans’ Court rules to ensure the right outcome in a case. Following these procedures is important and failure to follow these procedures can result in serious loss of rights under Pennsylvania law.
In court, the Pennsylvania Rules of Evidence apply regardless of which division of the Court of Common Pleas you are in. The substantive law that applies in Orphans’ Court is also unique in many respects.
Call Attorneys that handle Orphans’ Court matters
If you have a matter that is in Orphans’ Court, it is important that you find an attorney that is experienced in dealing with Orphans’ Court matters. At Cornerstone Law Firm, our attorneys have the experience to help you figure out your next steps. If you have questions call today and set up a consultation so we can see what is right for you.