What Is Orphans' Court in Pennsylvania

Pennsylvania is one of the few states that still uses the name "Orphans' Court" for the division of the Court of Common Pleas that handles guardianship, estates, and trust matters. The name is historical — it dates to colonial-era courts that oversaw the property of orphans — but today this court handles adult guardianship petitions for individuals with disabilities, not just matters involving children.

If you're filing for guardianship of an adult with a disability, Orphans' Court is where the petition will be heard.

Which County Do You File In?

You file the guardianship petition in the Orphans' Court of the county where the alleged incapacitated person (AIP) lives. This is a venue rule, not a suggestion — you can't file in a different county because it's more convenient or has lower fees. If the individual moves to a different county after the petition is filed, the case may need to be transferred.

What Happens at the Hearing

The hearing is conducted before an Orphans' Court judge. Under Act 61 of 2023, the court must appoint independent counsel for the AIP before the hearing takes place. This counsel advocates for the individual's expressed wishes — they are not a guardian ad litem making "best interest" judgments.

The AIP has a constitutional right to attend the hearing unless a medical professional certifies that attendance would cause physical or emotional harm. This matters because some families assume the hearing can proceed without the individual present. In practice, courts strongly prefer the individual's attendance and may continue the hearing if they're absent without medical justification.

The petitioner presents evidence of incapacity, the G-06 expert report, and testimony about why less restrictive alternatives are insufficient. The AIP's counsel cross-examines witnesses and presents the individual's perspective. The judge makes findings of fact and either grants a limited or plenary guardianship, or dismisses the petition.

Most initial guardianship hearings last 30 minutes to 2 hours, depending on whether the petition is contested.

Filing Fees Vary Significantly

Orphans' Court filing fees are set at the county level by the Clerk of Orphans' Court, so the cost of filing the same petition differs dramatically depending on where the AIP lives.

Some examples of the variation: Beaver County charges $35 for the initial petition plus $40.25 in state court fees and $15 in automation fees. Franklin County charges $75 for the petition plus state and automation surcharges. Allegheny County charges $164.75 for the petition with state fees included.

Annual report filing fees also vary — typically $10 to $25 per paper filing, though these fees are waived entirely when reports are filed through the electronic Guardianship Tracking System (GTS).

Call the Clerk of the Orphans' Court in your county before filing to get the exact current fee schedule. Many counties don't publish their fee schedules online, and the numbers change.

What to Prepare Before Filing

Before walking into the Orphans' Court clerk's office, you'll need the completed petition (with names and addresses of all presumptive heirs), the G-06 expert report from a licensed physician or psychologist, and the filing fee. Under Act 61, the petition must specifically allege facts showing that you considered less restrictive alternatives and explain why they are insufficient.

For a detailed, step-by-step guide through the entire Orphans' Court petition workflow — from gathering clinical evidence through post-appointment reporting — the Pennsylvania Adult Guardianship & Alternatives Guide covers each stage with timelines and cost estimates specific to Pennsylvania.

See more Pennsylvania guides →