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    1. Re: [PALANCAS] Re: Orphan Court question
    2. Maria Campbell
    3. My understanding is that with Orphans Court, the estate is treated as an orphan when a person dies without a will (intestate). Guardians are appointed for the estate, bonds are posted and inventories are taken. The guardian or court appointed administrator of the estate reports back to the court usually making a recommendation that the estate be sold at auction (public vendue) in order to make it easier to divide the estate. A list of the auctioned items along with the purchaser's name and price paid can usually be found in Orphans Court records. The guardian will also present an account of all the money he's collected or paid out in the process of settling the estate. The Orphans Court does appoint guardians for minors, but it is to the effect that they look out for the minors' interests in the estate. (Not guardians in the sense that the children live with the guardian). Some estates take many years to settle (30+), so when searching the indexes, make sure you look for at least 20 years afterwards. You can also find records for estate settlement in the deed books, usually listed as a release, where the heirs of the deceased sign off on any claim to the land. It is my understanding that an estate with a will can end up in Orphans Court if the named executor renounces the responsibility or if there are irregularities with the will. I can't stress enough how important it can be to search for relatives that are not in your direct line. If you are not finding a will or intestate records for your ancestor, look for wills belonging to your ancestor's siblings, especially siblings who died and leave no living children. Many times the estate will be split up between either their siblings or their nieces & nephews. This can provide great documentation on your family and let you know of the location of "lost" relatives. > Hello Fellow Listers: > > The term "Orphan Court" is actually a little misleading. Sure they > sometimes deal with assigning a guardian for a deceased person's minor > children.... but they can also - more often - deals with other > legal matters > that have not been handled or taken care of through the making of > wills or > deeds.... etc.. Usually you will find that estates are being > settled for > someone who died intestate [not having a will].

    07/20/2006 05:54:19