Decedents, Estates And Fiduciaries – 20 Pa. Cons. Stat. – Pennsylvania

Decedents, Estates And Fiduciaries – 20 Pa. Cons. Stat.

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  • Chapter 1. Short Title and Definitions
  • § 101. Short title.
    This title shall be known and may be cited as the “Probate, Estates and Fiduciaries Code.” Each chapter herein shall be known and may be …
  • § 102. Definitions.
    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 …
  • Chapter 3. Ownership of Property; Legal Title and Equitable
    Estate
  • § 301. Title to real and personal estate of a decedent.
    (a) Personal estate.–Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the …
  • § 302. Title to real and personal estate of an incapacitated person.
    § 302. Title to real and personal estate of an incapacitated person. Legal title to all real estate and personal property of an incapacitated person …
  • § 303. Title to real and personal estate of a minor.
    Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian …
  • § 304. Application of payments made to fiduciaries.
    A person who, in good faith, pays or transfers to a fiduciary any money or other property, which the fiduciary as such is authorized to …
  • § 305. Right to dispose of a decedent’s remains.
    (a) General rule.–The determination of the final disposition of a decedent’s remains shall be as set forth in this section unless otherwise specifically provided by …
  • Chapter 7. Orphans’ Court Divisions
    Subchapter A. Organization
  • § 701. Orphans’ court divisions.
    Orphans’ court divisions shall be organized as provided by Title 42 (relating to judiciary and judicial procedure). Except as otherwise provided or prescribed by law, …
  • Subchapter B. Jurisdiction
  • § 711. Mandatory exercise of jurisdiction through orphans’ court division in general.
    SUBCHAPTER B JURISDICTION Sec. 711. Mandatory exercise of jurisdiction through orphans’ court division in general. 712. Nonmandatory exercise of jurisdiction through orphans’ court division. 713. …
  • § 712. Nonmandatory exercise of jurisdiction through orphans’ court division.
    § 712. Nonmandatory exercise of jurisdiction through orphans’ court division. The jurisdiction of the court of common pleas over the following may be exercised through …
  • § 713. Special provisions for Philadelphia County.
    The provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans’ court division in general), insofar as they relate to adoptions and birth …
  • § 714. Conflict of laws.
    Nothing in this chapter shall be construed to interfere with the rules of law applicable to the determination of the question whether Pennsylvania courts have …
  • § 715. Incidental powers (Repealed).
    § 715. Incidental powers (Repealed). 1978 Repeal Note. Section 715 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • Subchapter C. Venue
  • § 721. Venue of decedents’, minors’ and incapacitated persons’ estates.
    SUBCHAPTER C VENUE Sec. 721. Venue of decedents’, minors’ and incapacitated persons’ estates. 722. Venue of trust estates. 723. Situs of testamentary trust (Deleted by …
  • § 722. Venue of trust estates.
    When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes shall …
  • § 723. Situs of testamentary trust (Deleted by amendment).
    § 723. Situs of testamentary trust (Deleted by amendment). 2006 Amendment. Section 723 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 …
  • § 724. Situs of inter vivos trust (Deleted by amendment).
    § 724. Situs of inter vivos trust (Deleted by amendment). 2006 Amendment. Section 724 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in …
  • § 725. Change of situs; order of court (Deleted by amendment).
    § 725. Change of situs; order of court (Deleted by amendment). 2006 Amendment. Section 725 was deleted by amendment July 7, 2006, P.L.625, No.98, effective …
  • § 726. Venue of nonprofit corporations.
    Except as otherwise prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign nonprofit …
  • § 727. Venue of cemetery companies.
    Except as otherwise provided in Title 9 (relating to burial grounds) or prescribed by general rules, in exercising the jurisdiction of the court over the …
  • Subchapter D. Judges (Repealed)
    § 731 – § 732 (Repealed).
    Subchapter E. Duties of the Clerk and Sheriff
  • § 741. Duties of the clerk (Repealed).
    SUBCHAPTER E DUTIES OF THE CLERK AND SHERIFF Sec. 741. Duties of the clerk (Repealed). 742. Dockets (Repealed). 743. Bill of costs (Repealed). 744. Translation …
  • § 742. Dockets (Repealed).
    § 742. Dockets (Repealed). …
  • § 743. Bill of costs (Repealed).
    § 743. Bill of costs (Repealed). 1978 Repeal Note. The repeal of section 743 is effective one year from April 28, 1978. …
  • § 744. Translation of foreign language documents (Repealed).
    § 744. Translation of foreign language documents (Repealed). …
  • § 745. Advertisement of accounts.
    (a) Requirement of notice; contents of notice.–The clerk of the orphans’ court division shall give notice by advertisement of the time when accounts filed with …
  • § 746. Money paid into court (Repealed).
    § 746. Money paid into court (Repealed). 1978 Repeal Note. The repeal of section 746 is effective two years from April 28, 1978. …
  • § 747. Powers and duties of the sheriff (Repealed).
    § 747. Powers and duties of the sheriff (Repealed). …
  • § 748. Fees (Repealed).
    § 748. Fees (Repealed). …
  • Subchapter F. Masters, Auditors, Examiners, Guardians
    Ad Litem and Trustees Ad Litem
  • § 751. Appointment; purpose.
    The orphans’ court division may appoint: (1) Masters.–A master to investigate any issue of fact and to report his findings of fact, conclusions of law …
  • § 752. Compensation.
    The compensation of any master, auditor, examiner, guardian ad litem, or trustee ad litem, subject to any inconsistent general rule shall be paid from such …
  • § 753. Subpoenas.
    Masters, auditors and examiners shall have the power to issue subpoenas with or without a clause of duces tecum to witnesses to appear before them …
  • § 754. Power to administer oaths (Repealed).
    § 754. Power to administer oaths (Repealed). 1978 Repeal Note. Section 754 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • Subchapter G. Procedure
  • § 761. Petitions.
    All applications to the orphans’ court division shall be by petition in the form prescribed by general rules and shall be attested either by an …
  • § 762. Accounts.
    The orphans’ court division may decide or dispose of any question relating to the administration or distribution of an estate or trust and exercise any …
  • § 763. Writs of habeas corpus (Repealed).
    § 763. Writs of habeas corpus (Repealed). 1978 Repeal Note. Section 763 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • § 764. Citation.
    Jurisdiction of the person shall be obtained by citation to be awarded by the orphans’ court division upon application of any party in interest. The …
  • § 765. Service of citation.
    A citation to obtain jurisdiction of a person may be served by an adult person, or by the sheriff of the county wherein the citation …
  • § 766. Proof of service.
    Proof of service shall be by affidavit of the person or the return of the sheriff making service, and shall set forth the same information …
  • § 767. Parties in interest.
    In any proceeding where the orphans’ court division considers that the interests of any taxing authority, including the United States, any state and any political …
  • § 768. Manner of service; proof.
    Notice of any proceeding in an orphans’ court division may be given within or outside the Commonwealth by personal service, by registered mail, by publication, …
  • § 769. Power of orphans’ court division (Repealed).
    § 769. Power of orphans’ court division (Repealed). 1978 Repeal Note. Section 769 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • § 771. Decree without prior hearing; attachment; sequestration (Repealed).
    § 771. Decree without prior hearing; attachment; sequestration (Repealed). 1978 Repeal Note. Section 771 was repealed April 28, 1978, P.L.202, No.53, effective in two years. …
  • § 772. Injunctions (Repealed).
    § 772. Injunctions (Repealed). 1978 Repeal Note. Section 772 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • § 773. Subpoenas (Repealed).
    § 773. Subpoenas (Repealed). 1980 Repeal Note. Section 773 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. …
  • § 774. Depositions and discovery.
    The orphans’ court division, by general rule or special order, may prescribe the practice relating to depositions, discovery, and the production of documents. To the …
  • § 775. Perpetuation of testimony and court records.
    The orphans’ court division, by general rule or special order, may prescribe the practice relating to the perpetuation of testimony and to the perpetuation of …
  • § 776. Testimony in proceedings removed from register.
    On appeal from the register, or in a proceeding removed from the register, the orphans’ court division may find, upon the testimony taken before the …
  • § 777. Right to jury trial; discretion of orphans’ court division.
    § 777. Right to jury trial; discretion of orphans’ court division. (a) Title to property.–When a substantial dispute of fact shall arise concerning the decedent’s …
  • § 778. Procedure for jury trials.
    (a) Jury.–Jury trials in any case begun before or certified or appealed to an orphans’ court division shall be tried in the division. The division …
  • § 779. Nonsuits.
    (a) In general.–The orphans’ court division may enter a nonsuit under the same circumstances, subject to review in the same manner and with the same …
  • § 781. Methods of enforcement.
    Compliance with an order or decree of an orphans’ court division may be enforced by attachment of the person; sequestration of real or personal property; …
  • § 782. Procedure on attachment of the person.
    (a) Direction of writs.–A writ of attachment of the person shall be directed to and executed by the sheriff of the county in which the …
  • § 783. Procedure on sequestration of real or personal property.
    A writ of sequestration of real or personal property of an estate or trust, or of the respondent, to enforce an order or decree of …
  • § 784. Procedure on execution on personal property.
    Writs of execution on personal property shall be allowed by the orphans’ court division and directed to and executed by the sheriff of the proper …
  • § 785. Procedure on attachment execution.
    Writs of attachment execution shall be allowed by the orphans’ court division and directed to and executed by the sheriff of the proper county. The …
  • § 786. Procedure on execution on real estate.
    (a) Filing.–The prothonotary of any court of common pleas shall, on demand of the fiduciary or of any party in interest, file and docket a …
  • § 791. Allowance and allocation (Repealed).
    § 791. Allowance and allocation (Repealed). 1978 Repeal Note. Section 791 was repealed April 28, 1978, P.L.202, No.53, effective in one year. …
  • § 792. Right of appeal (Repealed).
    § 792. Right of appeal (Repealed). 1978 Repeal Note. Section 792 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • § 793. Effect of appeal.
    No appeal from an order or decree of an orphans’ court division concerning the validity of a will or the right to administer shall suspend …
  • § 794. Disposition of cases on appeal (Repealed).
    § 794. Disposition of cases on appeal (Repealed). 1978 Repeal Note. Section 794 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days. …
  • Chapter 9. Register of Wills
    Subchapter A. Jurisdiction and Powers
  • § 901. Register’s jurisdiction.
    Within the county for which he has been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of letters …
  • § 902. Deputy register.
    Every register shall appoint a deputy or two deputies who shall have power to perform the duties of the office in his behalf and for …
  • § 903. Witnesses; testimony.
    The register shall have power to: (1) Subpoenas.–Issue a subpoena to any person in any county of the Commonwealth to appear or produce papers or …
  • § 904. Witness fees.
    Witnesses appearing before the register in obedience to the register’s subpoena shall be entitled to the same fees and mileage as are allowed by law …
  • § 905. Enforcement of subpoenas, orders and costs.
    Should any person refuse to comply with any subpoena or order of the register or to pay all costs, the register shall forthwith certify the …
  • § 906. Caveat.
    (a) Bond.–When a caveat has been filed, the register shall not delay the probate of a will or the grant of letters for more than …
  • § 907. Certification of records to court.
    Whenever a caveat shall be filed or a dispute shall arise before the register concerning the probate of a will, the grant of letters or …
  • § 908. Appeals.
    (a) When allowed.–Any party in interest seeking to challenge the probate of a will or who is otherwise aggrieved by a decree of the register, …
  • § 909. Bill of costs (Repealed).
    § 909. Bill of costs (Repealed). 1978 Repeal Note. Section 909 was repealed April 28, 1978, P.L.202, No.53, effective in one year. …
  • § 910. Transmission of accounts to the court.
    All accounts filed with the register shall be transmitted to the court for audit and confirmation on dates fixed by the court by general rule …
  • § 911. Attestation of certain applications and documents.
    Except as provided otherwise in section 3154 (relating to affidavit and oath), applications and documents submitted to the register for which attestation is required may …
  • Subchapter B. Records and Certified Copies
  • § 921. Wills.
    All probated wills shall be indexed and recorded by the register, and shall remain in his office, except for the period required to be in …
  • § 922. Inventories.
    The register shall index and record all inventories filed with him. The recording may be accomplished by photographic or other mechanical process. (Dec. 10, 1974, …
  • § 923. Certified copies.
    Every register upon the request of any person paying the fee therefor, shall make and certify under the seal of his office true copies of …
  • § 924. Recording proceedings in another county.
    Copies of wills and probate proceedings and records of the grant of letters of administration and proceedings relating thereto, duly certified by the register, may …
  • § 925. Certificates and affidavits of death.
    Where it is not necessary to have letters granted to administer a decedent’s estate but it is desired to have a public record of his …
  • Chapter 21. Intestate Succession
  • § 2101. Intestate estate.
    (a) General rule.–All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as …
  • § 2102. Share of surviving spouse.
    The intestate share of a decedent’s surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. …
  • § 2103. Shares of others than surviving spouse.
    The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, …
  • § 2104. Rules of succession.
    The provisions of this chapter shall be applied to both real and personal estate in accordance with the following rules: (1) Taking in different degrees.–The …
  • § 2105. Spouse’s rights.
    (a) Widow.–The share of the estate to which a widow is entitled under this title shall be in lieu and full satisfaction of her dower …
  • § 2106. Forfeiture.
    (a) Spouse’s share.–A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform …
  • § 2107. Persons born out of wedlock.
    (a) Child of mother.–For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his …
  • § 2108. Adopted person.
    For purposes of inheritance by, from and through an adopted person he shall be considered the issue of his adopting parent or parents. An adopted …
  • § 2109. Advancements (Repealed).
    § 2109. Advancements (Repealed). 1976 Repeal Note. Section 2109 was repealed July 9, 1976, P.L.551, No.135, effective immediately. …
  • § 2109.1. Advancements.
  • § 2110. Spouse’s allowance; procedure.
    The allowance shall be set aside and awarded in distribution to the surviving spouse, or his successor in interest, in the same manner as other …
  • § 2111. Procedure to establish title to real property when spouse claims entire estate (Repealed).
    § 2111. Procedure to establish title to real property when spouse claims entire estate (Repealed). 1978 Repeal Note. Section 2111 was repealed April 18, 1978, …
  • § 2112. Property distributable to the Commonwealth (Repealed).
    § 2112. Property distributable to the Commonwealth (Repealed). 1976 Repeal Note. Section 2112 was repealed July 9, 1976, P.L.551, No.135, effective immediately. …
  • § 2113. Limitations of claims (Repealed).
    § 2113. Limitations of claims (Repealed). 1976 Repeal Note. Section 2113 was repealed July 9, 1976, P.L.551, No.135, effective immediately. …
  • § 2114. Personal estate of nonresident (Repealed).
    § 2114. Personal estate of nonresident (Repealed). 1976 Repeal Note. Section 2114 was repealed July 9, 1976, P.L.551, No.135, effective immediately. …
  • Chapter 22. Elective Share of Surviving Spouse
  • § 2201. Definition of conveyance.
    As used in this chapter, unless the context clearly indicates otherwise, “conveyance” means an act by which it is intended to create an interest in …
  • § 2202. Right of election; nonresident decedent.
    When a married person not domiciled in this Commonwealth dies, the rights, if any, of his surviving spouse to an elective share in property in …
  • § 2203. Right of election; resident decedent.
    (a) Property subject to election.–Except as provided in subsection (c), when a married person domiciled in this Commonwealth dies, his surviving spouse has a right …
  • § 2204. Disclaimers, releases and charges against elective share.
    § 2204. Disclaimers, releases and charges against elective share. (a) Disclaimers.–Except as provided in subsections (b) and (c), an election by a spouse to take …
  • § 2205. Transfers for value excluded.
    Conveyances and contracts made by the decedent are excluded from the provisions of section 2203 (relating to right of election; resident decedent) and section 2204 …
  • § 2206. Right of election personal to surviving spouse.
    The right of election of the surviving spouse may be exercised in whole or in part only during his lifetime by him or by his …
  • § 2207. Waiver of right to elect.
    The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage or before or after the death of …
  • § 2208. Forfeiture of right of election.
    A surviving spouse who under the provisions of section 2106 (relating to forfeiture) would not be entitled to a share of the decedent’s estate had …
  • § 2209. Surviving spouse as witness.
    A person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under …
  • § 2210. Procedure for election; time limit.
    (a) How election made.–A surviving spouse’s election to take or not to take his elective share shall be by a writing signed by him and …
  • § 2211. Determination of effect of election; enforcement.
    (a) Power of court of domicile.–After notice and hearing, the orphans’ court division of the county of the decedent’s domicile shall determine all matters concerning …
  • Chapter 25. Wills
  • § 2501. Who may make a will.
    Any person 18 or more years of age who is of sound mind may make a will. (Dec. 6, 1972, P.L.1461, No.331; Dec. 10, 1974, …
  • § 2502. Form and execution of a will.
    Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions: (1) …
  • § 2503. Nuncupative wills (Repealed).
    § 2503. Nuncupative wills (Repealed). 1974 Repeal Note. Section 2503 was repealed December 10, 1974, P.L.867, No.293, effective immediately. …
  • § 2504. Witnesses (Repealed).
    § 2504. Witnesses (Repealed). 1974 Repeal Note. Section 2504 was repealed December 10, 1974, P.L.867, No.293, effective immediately. …
  • § 2504.1. Validity of execution.
  • § 2505. Revocation of a will.
    No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than: (1) Will or codicil.–By some other will or …
  • § 2506. Revival of revoked or invalid will.
    If, after the making of any will, the testator shall execute a later will which expressly or by necessary implication revokes the earlier will, the …
  • § 2507. Modification by circumstances.
    Wills shall be modified upon the occurrence of any of the following circumstances, among others: (1) Death within 30 days; religious and charitable gifts.–(Repealed). (2) …
  • § 2508. Change by election of surviving spouse (Repealed).
    § 2508. Change by election of surviving spouse (Repealed). 1978 Repeal Note. Section 2508 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2509. Forfeiture of right of election (Repealed).
    § 2509. Forfeiture of right of election (Repealed). 1978 Repeal Note. Section 2509 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2510. How election made (Repealed).
    § 2510. How election made (Repealed). 1978 Repeal Note. Section 2510 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2511. Time for making election (Repealed).
    § 2511. Time for making election (Repealed). 1978 Repeal Note. Section 2511 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2512. Failure to make an election (Repealed).
    § 2512. Failure to make an election (Repealed). 1978 Repeal Note. Section 2512 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2513. Grantee or lienholder (Repealed).
    § 2513. Grantee or lienholder (Repealed). 1978 Repeal Note. Section 2513 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days. …
  • § 2514. Rules of interpretation.
    In the absence of a contrary intent appearing therein, wills shall be construed as to real and personal estate in accordance with the following rules: …
  • § 2515. Devise or bequest to trust.
    A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the …
  • § 2516. Devise in fee tail abolished.
    Whenever by any devise an estate in fee tail would be created according to the common law of the Commonwealth, it shall pass an estate …
  • § 2517. Rule in Shelley’s case and doctrine of worthier title.
    (a) Rule in Shelley’s case.–The rule in Shelley’s case and its corollaries shall not be applied, and a devise or bequest directly or in trust …
  • § 2518. Alienage.
    Real and personal estate shall pass without regard to whether the testator or any devisee or legatee is or has been an alien. …
  • § 2519. Testamentary guardian.
    (a) Guardian of the person.–A person competent to make a will, being the sole surviving parent or adopting parent of any unmarried minor child, may …
  • § 2520. Personal estate of nonresident (Repealed).
    § 2520. Personal estate of nonresident (Repealed). 1976 Repeal Note. Section 2520 was repealed July 9, 1976, P.L.551, No.135, effective immediately. …
  • § 2521. Penalty clause for contest.
    A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to …
  • Chapter 27. Contractual Arrangements Relating to Succession
  • § 2701. Contracts concerning succession.
    (a) Establishment of contract.–A contract to die intestate or to make or not to revoke a will or testamentary provision or an obligation dischargeable only …
  • Chapter 31. Dispositions Independent of Letters; Family
    Exemption; Probate of Wills and Grant of Letters
    Subchapter A. Dispositions Independent of Letters
  • § 3101. Payments to family and funeral directors.
    (a) Wages, salary or employee benefits.–Any employer of a person dying domiciled in this Commonwealth at any time after the death of the employee, whether …
  • § 3102. Settlement of small estates on petition.
    When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to …
  • Subchapter B. Family Exemption
  • § 3121. When allowable.
    The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such …
  • § 3122. Payment or delivery of exemption.
    (a) Items claimed.–The personal representative, if any, shall deliver to the spouse, child or children, parent or parents, the items of personal property claimed as …
  • § 3123. Payment from real estate.
    (a) Appraisement.–If the exemption is claimed in whole or in part out of real estate, the appraisement of the real estate shall be made by …
  • § 3124. Income.
    When the family exemption does not exhaust the entire real and personal estate, the income of the estate shall be equitably prorated among the surviving …
  • § 3125. Other remedies.
    The surviving spouse, child or children, parent or parents may also collect the exemption out of real and personal estate, together with income thereon, in …
  • § 3126. Grantee or lienholder.
    (a) Rights accruing before death; purchase money obligation.–Nothing in Subchapter A of this chapter (relating to dispositions independent of letters) and this subchapter shall be …
  • Subchapter C. Probate
  • § 3131. Place of probate.
    The will of a decedent domiciled in the Commonwealth at the time of his death shall be probated only before the register of the county …
  • § 3132. Manner of probate.
    All wills shall be proved by the oaths or affirmations of two competent witnesses and (1) Will signed by testator.–In the case of a will …
  • § 3132.1. Self-proved wills.
  • § 3133. Limit of time for probate.
    (a) Original probate.–A will may be offered for probate at any time. (b) Conclusiveness of original probate.–The probate of a will shall be conclusive as …
  • § 3134. Nuncupative wills (Repealed).
    § 3134. Nuncupative wills (Repealed). 1974 Repeal Note. Section 3134 was repealed December 10, 1974, P.L.867, No.293, effective immediately. …
  • § 3135. Wills in foreign language.
    A writing not in English shall not be filed for probate or for any other purpose in the office of the register unless there is …
  • § 3136. Wills probated outside the Commonwealth.
    A duly authenticated copy of a will proved outside of the Commonwealth according to the law of the place of probate may be offered for …
  • § 3137. Enforcing production of will.
    The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of …
  • § 3138. Later will or codicil.
    If a later will or codicil is submitted to the register for probate within three months of the testator’s death but after the register shall …
  • Subchapter D. Grant of Letters
  • § 3151. Proper county.
    Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted only …
  • § 3152. When 21 years elapsed.
    Letters testamentary or of administration shall not be granted after the expiration of 21 years from the decedent’s death, except on the order of the …
  • § 3153. Contents of petition.
    A petition for the grant of letters testamentary or of administration shall state, under oath, so far as they are known: (1) The decedent’s name, …
  • § 3154. Affidavit and oath.
    (a) Fiduciary and witness.–The affidavit to a petition for the grant of letters and the oath of the fiduciary relative to the performance of his …
  • § 3155. Persons entitled.
    (a) Letters testamentary.–Letters testamentary shall be granted by the register to the executor designated in the will, whether or not he has declined a trust …
  • § 3156. Persons not qualified.
    No person shall be qualified to serve as a personal representative who is: (1) Under 18 years of age. (2) A corporation not authorized to …
  • § 3157. Nonresidents.
    The register shall have discretion to refuse letters of administration to any individual not a resident of this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. …
  • § 3158. Letters of administration C.T.A.
    When there is a will, but no executor qualifies, letters of administration cum testamento annexo may be granted to the person or persons entitled thereto. …
  • § 3159. Letters of administration D.B.N. or D.B.N.C.T.A.
    When an entire vacancy occurs in the office of personal representative before administration is completed, the register, in a case of intestacy, shall grant letters …
  • § 3160. Letters of administration durante minoritate, durante absentia, and pendente lite.
    § 3160. Letters of administration durante minoritate, durante absentia, and pendente lite. Whenever the circumstances of the case require, letters of administration durante minoritate, durante …
  • § 3161. Oath of personal representative.
    Before letters shall be granted to a personal representative by the register, the personal representative shall swear that he will well and truly administer the …
  • § 3162. Advertisement of grant of letters.
    The personal representative, immediately after the grant of letters, shall cause notice thereof to be given in one newspaper of general circulation published at or …
  • Subchapter E. Personal Representative; Bond
  • § 3171. Individual estate.
    Except as hereinafter provided, before letters shall be granted to any personal representative, he shall execute and file a bond which shall be in the …
  • § 3172. Register’s responsibility.
    If any register shall grant letters without having taken such bond as is required by law, he and his surety shall be liable to pay …
  • § 3173. Fiduciary estate.
    The register, in his discretion, upon the application of any party in interest, in addition to any bond required for the decedent’s individual estate, may …
  • § 3174. When not required.
    (a) Corporate personal representative.–No bond shall be required of: (1) A bank and trust company or of a trust company incorporated in this Commonwealth. (2) …
  • § 3175. Requiring or changing amount of bond.
    The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond, or increase or decrease the …
  • Subchapter F. Personal Representative; Revocation of
    Letters; Removal and Discharge
  • § 3181. Revocation of letters.
    (a) When no will.–The register may revoke letters of administration granted by him whenever it appears that the person to whom the letters were granted …
  • § 3182. Grounds for removal.
    The court shall have exclusive power to remove a personal representative when he: (1) is wasting or mismanaging the estate, is or is likely to …
  • § 3183. Procedure for and effect of removal.
    The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal …
  • § 3184. Discharge of personal representative and surety.
    After confirmation of his final account and distribution to the parties entitled, a personal representative and his surety may be discharged by the court from …
  • Chapter 33. Administration and Personal Representatives
    Subchapter A. Inventory
  • § 3301. Duty of personal representative.
    (a) General assets.–Every personal representative shall file with the register a verified inventory of all real and personal estate of the decedent, except real estate …
  • § 3302. Valuations.
    The personal representative shall determine and state in figures opposite each item of the inventory its fair value as of the date of the decedent’s …
  • § 3303. Supplemental inventory.
    Whenever any property not included in the inventory comes to the knowledge of the personal representative, he shall file, within 30 days of its discovery, …
  • § 3304. Claims against personal representative.
    The appointment of a personal representative shall not operate as a discharge or bequest of any debt which he owes the decedent or of any …
  • § 3305. Objections to inventory.
    Objections to the inventory may be made by any party in interest at any time up to and including the time fixed by rule of …
  • Subchapter B. Personal Representatives; Powers, Duties and
    Liabilities
  • § 3311. Possession of real and personal estate; exception.
    (a) Personal representative.–A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of …
  • § 3312. Renunciation of right to administer property.
    When any property is of no value to the estate, the court may authorize the personal representative to renounce his right to administer it. …
  • § 3313. Liability insurance.
    The personal representative, at the expense of the estate, may protect himself, his employees and the beneficiaries by insurance from liability to third persons arising …
  • § 3314. Continuation of business.
    The court, aided by the report of a master if necessary, may authorize the personal representative to continue any business of the estate for the …
  • § 3315. Incorporation of estate’s business.
    After notice to all parties in interest, aided by the report of a master if necessary, the court, unless restricted by the terms of the …
  • § 3316. Investment of funds.
    Subject to his duty to liquidate the estate for prompt distribution and to the provisions of the will, if any, the personal representative may invest …
  • § 3316.1. Set-aside.
  • § 3317. Claims against co-fiduciary.
    When one of two or more personal representatives shall be individually liable to the estate, the other or others shall take any legal action against …
  • § 3318. Revival of judgments against personal representative.
    When the estate holds a judgment which is a lien on the real estate of the personal representative, any party in interest may suggest his …
  • § 3319. Power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations.
    § 3319. Power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations. (a) Power of attorney.–A personal representative may convey real …
  • § 3320. Voting stock by proxy.
    The personal representatives or a majority of them, either in person or by proxy, may vote stock owned by the estate. Cross References. Section 3320 …
  • § 3321. Nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities.
    § 3321. Nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities. (a) Corporate personal representative.–A bank and trust company …
  • § 3322. Acceptance of deed in lieu of foreclosure.
    The personal representative may take for the estate from the owner of property encumbered by a mortgage owned by the estate, a deed in lieu …
  • § 3323. Compromise of controversies.
    (a) In general.–Whenever it shall be proposed to compromise or settle any claim, whether in suit or not, by or against an estate, or to …
  • § 3324. Death or incapacity of fiduciary.
    The personal representative of the estate of a deceased fiduciary or the guardian of an adjudged incapacitated fiduciary by reason of his position shall not …
  • § 3325. Administrator C.T.A.
    An administrator with the will annexed shall have all the powers given by the will to the executor, unless otherwise provided by the will. When …
  • § 3326. Administrator D.B.N. and D.B.N.C.T.A.
    An administrator de bonis non, with or without a will annexed, shall have the power to recover the assets of the estate from his predecessor …
  • § 3327. Surviving or remaining personal representatives.
    Surviving or remaining personal representatives shall have all the powers of the original personal representatives, unless otherwise provided by the governing instrument. Cross References. Section …
  • § 3328. Disagreement of personal representatives.
    (a) Decision of majority.–If a dispute shall arise among personal representatives, the decision of the majority shall control unless otherwise provided by the governing instrument, …
  • § 3329. Effect of revocation of letters, probate of will, later will or codicil.
    § 3329. Effect of revocation of letters, probate of will, later will or codicil. No act of administration performed by a personal representative in good …
  • § 3330. Notice of devise or bequest to corporation or association.
    § 3330. Notice of devise or bequest to corporation or association. A personal representative to whom original letters are granted shall send a written notice, …
  • § 3331. Liability of personal representative on contracts.
    Unless he expressly contracts otherwise, in writing, a personal representative shall not be personally liable on any written contract which is within his authority as …
  • § 3332. Inherent powers and duties.
    Except as otherwise provided in this title, nothing in this title shall be construed to limit the inherent powers and duties of a personal representative. …
  • Subchapter C. Sales, Pledges, Mortgages, Leases,
    Options and Exchanges
  • § 3351. Power to sell.
    Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, any personal property whether specifically bequeathed …
  • § 3352. Power to lease.
    Except as otherwise provided by the will, if any, the personal representative may lease any real or personal property which he is entitled to possess. …
  • § 3353. Order of court.
    When the personal representative is not authorized to do so by this title or is denied the power to do so by the governing instrument, …
  • § 3354. Power given in governing instrument.
    A testamentary power given in the governing instrument to sell, unless expressly restricted, shall include the power to sell at public or private sale or …
  • § 3355. Restraint of sale.
    The court, on its own motion or upon application of any party in interest, in its discretion, may restrain a personal representative from making any …
  • § 3356. Purchase by personal representative.
    In addition to any right conferred by a governing instrument, if any, the personal representative, in his individual capacity, may bid for, purchase, take a …
  • § 3357. Title of purchaser.
    (a) General rule.–If the personal representative has given such bond, if any, as shall be required in accordance with this title, any sale, mortgage, or …
  • § 3358. Collateral attack.
    No decree entered pursuant to this title shall be subject to collateral attack on account of any irregularity if the court which entered it had …
  • § 3359. Record of proceedings; county where real estate lies.
    Certified copies of proceedings of any court of the Commonwealth relating to or affecting real estate may be recorded in the office for the recording …
  • § 3360. Contracts, inadequacy of consideration or better offer; brokers’ commissions.
    § 3360. Contracts, inadequacy of consideration or better offer; brokers’ commissions. (a) Inadequacy of consideration or better offer.–When a personal representative shall make a contract …
  • Subchapter D. Abatement, Survival and Control of Actions
  • § 3371. Actions which survive.
    All causes of action or proceedings shall survive as provided by 42 Pa.C.S. § 8302 (relating to survival action). (Apr. 28, 1978, P.L.202, No.53, eff. …
  • § 3372. Substitution of personal representative in pending action or proceedings.
    § 3372. Substitution of personal representative in pending action or proceedings. Substitution of the personal representative of a deceased party to a pending action or …
  • § 3373. Action by or against personal representative.
    An action or proceeding to enforce any right or liability which survives a decedent may be brought by or against his personal representative alone or …
  • § 3374. Death or removal of fiduciary.
    An action or proceeding to which a fiduciary is a party is not abated by his death or resignation or by the termination of his …
  • § 3375. Abatement of action for failure to take out letters.
    If a plaintiff or petitioner in any action or proceeding now pending or hereafter brought dies and a personal representative is not appointed within one …
  • § 3376. Limitations against debt due estate.
    Any statute of limitation which would bar any debt or liability owed the estate of a decedent within one year after the decedent’s death shall …
  • § 3377. Execution on judgments.
    (a) When prohibited.–No execution shall issue against, nor shall any levy be made upon, any real or personal property of the estate of a decedent …
  • Subchapter E. Claims; Charges; Rights of Creditors
  • § 3381. Liens and charges existing at death not impaired.
    Nothing in this title shall be construed as impairing any lien or charge on real or personal estate of the decedent which existed at his …
  • § 3382. Judgments which are liens at death.
    Any judgment which at the decedent’s death was a lien on real estate then owned by him or on real estate which he had conveyed …
  • § 3383. Statutes of limitations; claims not barred at death.
    The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which …
  • § 3384. Notice of claim.
    (a) Written notice.–Written notice of any claim against a decedent given to the personal representative or his attorney of record before the claim is barred …
  • § 3384.1. Notice after settlor of revocable trust has died.
  • § 3385. Limitation upon claims.
    All claims against the decedent, subject only to the provisions of section 3381 (relating to liens and charges existing at death not impaired) and section …
  • § 3386. Failure to present claim at audit.
    If any claimant whose claim is not reported to the court by the personal representative as an admitted claim shall fail to present it at …
  • § 3387. Claims not due; certain to become due.
    Upon satisfactory proof or admission of a claim which is not due but certain to become due, the court may provide for payment by one …
  • § 3388. Claims not certain to become due.
    Upon satisfactory proof or admission of a claim which may or may not become due at a future time, the court may provide for payment …
  • § 3389. Claims subject to litigation in other courts.
    When any claim not proved in the orphans’ court division is being litigated in any other division or court, State or Federal, having jurisdiction thereof, …
  • § 3390. Specific performance of contracts.
    (a) Application to court.–If any person makes a legally binding agreement to purchase or sell real or personal estate and dies before its consummation, his …
  • § 3391. Proceeding against personal representative.
    Any proceeding may be brought against a personal representative or the surety on his bond in the county where his letters have been granted, and …
  • § 3392. Classification and order of payment.
    If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference …
  • § 3393. Notice to Commonwealth and political subdivisions.
    When the Commonwealth or a political subdivision thereof has a claim for maintaining in an institution a person who has died in the institution, the …
  • Chapter 35. Accounts and Distribution
    Subchapter A. Accounts
  • § 3501. Accounting required (Repealed).
    CHAPTER 35 ACCOUNTS AND DISTRIBUTION Subchapter A. Accounts B. Audits C. Review D. Distribution E. Rights of Distributees F. Legacies, Annuities, and Other Charges Enactment. …
  • § 3501.1. Accounting by personal representative.
    § 3501.2. Annexation of account of terminated trust,
    guardianship or agency.
  • § 3502. Where filed.
    The account of the personal representative shall be filed in the office of the clerk. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Section …
  • § 3503. Notice to parties in interest.
    The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known …
  • § 3504. Representation of parties in interest (Repealed).
    § 3504. Representation of parties in interest (Repealed). 1999 Repeal Note. Section 3504 was repealed October 12, 1999, P.L.422, No.39, effective in 60 days. …
  • Subchapter B. Audits
  • § 3511.
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