Detailed answer — how heirs can mediate an elective share dispute under Pennsylvania law

This section explains, in plain language, the practical steps heirs can take to resolve a dispute about a surviving spouse’s elective share of a decedent’s estate in Pennsylvania. This is educational only and not legal advice.

Understand the basic legal framework

In Pennsylvania, disputes over a surviving spouse’s statutory right to claim an elective share are part of the decedent’s estate process and are typically handled by the county Orphans’ Court. Relevant state law governing decedents’ estates appears in Title 20 of the Pennsylvania Consolidated Statutes; for an overview see the Pennsylvania General Assembly’s site for Title 20: 20 Pa.C.S. (Decedents, Estates and Fiduciaries). Court procedures and local Orphans’ Court practices can affect how an election claim is litigated — see the Pennsylvania courts’ Orphans’ Court information at Pennsylvania Courts — Orphans’ Court.

Why mediate an elective share dispute?

Mediation can save time, cost, and family relationships. It allows heirs and a surviving spouse to negotiate a solution with a neutral facilitator (mediator) instead of letting the court resolve contested legal issues about entitlement, estate valuation, and offsets.

Step-by-step mediation process for heirs

1. Early case assessment and documentation
   • Identify the parties with an interest (surviving spouse, heirs, executor/administrator).
   • Collect key documents: will and codicils, trust documents, asset inventories, account statements, deeds, title info, beneficiary designations, prior estate planning documents, and any appraisals.
   • Estimate the rough elective share amount by applying Pennsylvania estate rules to the estate inventory (work with an attorney or a forensic accountant if needed).
2. Consult counsel before mediation
   • Each heir (and the surviving spouse) should consult an attorney experienced in Pennsylvania estate and Orphans’ Court practice. Counsel helps identify legal strengths and weaknesses, statutory deadlines, and potential offsets (e.g., lifetime gifts, advances, or contractual provisions).
   • Ask counsel about the effect of settlement on court approval, tax consequences, and releases.
3. Choose the right mediator
   • Select a mediator with experience in probate, estate litigation, or family disputes. County Orphans’ Courts sometimes maintain rosters of mediators.
   • Decide whether mediation will be private (confidential) or court-ordered. Many parties prefer a private mediation agreement that preserves confidentiality.
4. Prepare a mediation statement and exchange information
   • Draft a concise mediation statement summarizing facts, legal positions, key documents, and proposed settlement ideas.
   • Exchange necessary financial information in advance so the mediator and parties can focus on resolution rather than discovery.
5. File procedural motions if needed
   • If litigation is already pending in Orphans’ Court, heirs or the surviving spouse may move the court for a referral to mediation or a stay while mediation is attempted. Local rules vary by county; counsel can file the correct motion.
6. Mediation session(s)
   • The mediator opens with neutral framing and each party makes a short statement of position.
   • The mediator may use joint sessions and private caucuses to test settlement options.
   • Negotiations typically address valuation of assets, treatment of nonprobate assets, alleged lifetime transfers, costs and attorney fees, tax consequences, and a timetable for implementing the settlement.
7. Draft a written settlement
   • If parties reach agreement, the mediator usually helps prepare (or the parties’ attorneys draft) a written settlement agreement or memorandum of understanding describing the terms and the actions each party must take.
   • Include provisions on confidentiality, releases, allocation of costs, payment schedules, and whether the settlement requires court approval.
8. Court approval and closing the dispute
   • Many elective-share settlements affecting minor beneficiaries or substantial estate matters require Orphans’ Court approval. Parties should present the settlement and supporting documents to the court for review and entry of an order or decree when required.
   • Once approved (if necessary), implement transfers, record deeds, update beneficiary designations if applicable, and file any required accountings or releases with the court.

Common obstacles and how heirs can address them

• Valuation disputes — use a neutral appraiser agreed by the parties.
• Incomplete information — insist on a full exchange or ask the court for limited discovery before mediation.
• Power imbalances — bring counsel and consider separate caucuses to ensure each party’s voice is heard.

Because each county’s Orphans’ Court has local practices, heirs should coordinate with counsel about whether the court must be asked to refer the dispute to mediation or whether the parties may proceed privately.

Important: This is not legal advice. The information above explains typical steps under Pennsylvania practice but cannot substitute for advice about your specific situation. Consult a licensed Pennsylvania attorney to protect your rights and meet procedural deadlines.

Helpful Hints

• Start mediation early — it usually reduces costs and preserves relationships.
• Bring a complete asset list and copies of key documents to the first mediation session.
• Use neutral, licensed professionals for appraisals and tax advice.
• Confirm mediator qualifications and prior estate experience before hiring.
• Ask your attorney whether the settlement needs Orphans’ Court approval and be prepared to present the agreement to the court.
• Get any settlement in writing and include clear timelines and release language.
• If litigation is pending, ask your lawyer about filing a motion to refer the case to mediation under local Orphans’ Court rules.
• Preserve confidentiality where appropriate — many mediations are protected from being used in court.