How do we request more time or a continuance before our scheduled probate hearing? - Pennsylvania
The Short Answer
In Pennsylvania Orphans’ Court (probate), requests for more time are typically made by filing a petition asking the court to continue (reschedule) the hearing, explaining the reason and the amount of additional time needed. Because continuances are discretionary and local Orphans’ Court practices vary by county, it’s important to involve counsel quickly—especially when the hearing is in-person and you’re dealing with a reopened estate and disputed stock transfers.
What Pennsylvania Law Says
Probate matters in Pennsylvania are handled in the Orphans’ Court Division. When you need the court to act—such as granting more time before a scheduled hearing—Pennsylvania law generally requires you to proceed by a properly supported petition (rather than informal letters or phone calls), and the petition must be verified/attested in the manner the statute requires.
The Statute
The primary law governing how you request relief in Orphans’ Court is 20 Pa.C.S. § 761.
This statute establishes that applications to the Orphans’ Court Division must be made by petition in the form prescribed by the rules, and the petition must be supported by an affidavit or verified statement (subject to penalties for false statements).
Because your situation involves a reopened estate and a third party (the stock issuer) refusing to transfer shares, the court may expect clear documentation and a focused request explaining why additional time is necessary and how it relates to the estate’s administration.
Related reading: Pennsylvania Orphans’ Court notice of hearing requirements (location and how to appear) and how long probate administration can take in Pennsylvania.
Why You Should Speak with an Attorney
While the statute provides the general rule (you ask the Orphans’ Court for relief by petition), applying it to your specific hearing is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Continuance requests are time-sensitive and often must comply with the hearing notice, local Orphans’ Court rules, and the judge’s scheduling practices. Waiting too long can result in the hearing going forward without you.
- Burden of Proof: You typically need to show a legitimate reason (for example, needing time to retain counsel, obtain records from the issuer/transfer agent, or address service/notice issues) and that the request is made in good faith.
- Exceptions and Local Practice: Each county’s Orphans’ Court may have specific formatting, service, and scheduling requirements. A misstep can lead to denial of the continuance or other adverse rulings—especially in a reopened estate where the court may be focused on moving administration forward.
In a case like yours—where heirs reopened an estate after discovering stock and the issuer is refusing transfer—an attorney can also evaluate whether the probate court order needs to be tailored to what the issuer requires, and whether additional court relief is needed to compel cooperation.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.