§ 102 — Definitions

Pennsylvania § 102

• Jurisdiction: Pennsylvania
• Title 20: DECEDENTS, ESTATES AND FIDUCIARIES
• Ch. 1: SHORT TITLE AND DEFINITIONS

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Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Clerk."Means the clerk of the orphans' court division of the court of common pleas.

"Court, orphans' court, or orphans' court division."Means the court of common pleas exercising the jurisdiction referred to in this title through its orphans' court division.

"Fiduciary."Includes personal representatives, guardians, and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the orphans' court division.

"First complete advertisement of the grant of letters."In counties having no legal publication, means the first of the three times that the grant of letters is advertised in a newspaper, and, in counties having a legal publication, it means when it has been advertised, on at least one occasion, in both the newspaper and in the legal publication.

"Foreign fiduciary."Means a personal representative, guardian of a minor or incapacitated person, trustee or one performing the functions of any such fiduciary, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.

"Foreign guardian."Means a guardian, or one performing the function of a guardian, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.

"General rule or rule of court."A rule or order promulgated by the governing authority, as defined in 42 Pa.C.S. § 102 (relating to definitions), of the unified judicial system.

"Guardian."Means a fiduciary who has the care and management of the estate or person of a minor or an incapacitated person.

"Incapacitated person."Means a person determined to be an incapacitated person under the provisions of Chapter 55 (relating to incapacitated persons).

"Letters."Means letters testamentary or letters of administration of any description.

"Minor."Means an individual under the age of 18 years.

"Personal representative."Means an executor or administrator of any description.

"Register."Means the register of wills having jurisdiction of granting of letters testamentary or of administration.

"Trust."Means any trust, whether testamentary or inter vivos, subject to the jurisdiction of the orphans' court division.

"Will."Means a written will, codicil or other testamentary writing.

Legislative History

(Dec. 6, 1972, P.L.1461, No.331; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment.See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.