If a person dies intestate as to all or any part of his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue unless the declaration or acknowledgment so provides.
(July 9, 1976, P.L.551, No.135, eff. imd.)
1976 Amendment. Act 135 added section 2109.1.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 21 - Intestate Succession
Section 2101 - Intestate estate
Section 2102 - Share of surviving spouse
Section 2103 - Shares of others than surviving spouse
Section 2104 - Rules of succession
Section 2105 - Spouse's rights
Section 2107 - Persons born out of wedlock
Section 2109 - Advancements (Repealed)
Section 2110 - Spouse's allowance; procedure
Section 2112 - Property distributable to the Commonwealth (Repealed)