Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters
Section 3175 - Requiring or changing amount of bond


(a) By the court.--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 amount of an existing bond, or require more or less security therefor.
(b) By the register.--
(1) If, after examining the inventory or inheritance tax return, the register determines that the register has required insufficient security, the register may direct the personal representative to post additional security.
(2) The personal representative shall post such additional security as the register may reasonably require.
(3) Subject to paragraph (4), in the event the personal representative fails or refuses to post the additional security, the register shall refer the matter to the court for appropriate enforcement.
(4) If the register requires additional security and the personal representative obtains a waiver from all parties in interest to the estate, the personal representative may elect to not post additional security, and the register shall be released and held harmless from any and all liability related to the personal representative's failure to post the security.
(5) A waiver under paragraph (4) must be signed on a form provided by the register subject to 18 Pa.C.S. ยง 4904 (relating to unsworn falsification to authorities) and contain, at a minimum, all of the following information:
(i) The name and address of the beneficiary.
(ii) The name of the decedent.
(iii) The estate's file number.
(iv) The name and address of each personal representative.
(v) A list of distributions that have been made to beneficiaries to date.
(vi) The amount of additional security requested by the register.
(vii) An estimate by the administrator of the amount of time necessary to complete the administration of the estate from the date of the waiver.
(c) Construction.--Nothing in this section may be construed as creating any liability of a register or the register's surety to any person for the register's failure to require additional security under this section.
(Oct. 24, 2018, P.L.722, No.113, eff. 60 days)

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters

Extra - Chapter Notes

Section 3101 - Payments to family and funeral directors

Section 3102 - Settlement of small estates on petition

Section 3121 - When allowable

Section 3122 - Payment or delivery of exemption

Section 3123 - Payment from real estate

Section 3124 - Income

Section 3125 - Other remedies

Section 3126 - Grantee or lienholder

Section 3131 - Place of probate

Section 3132 - Manner of probate

Section 3132.1 - Self-proved wills

Section 3133 - Limit of time for probate

Section 3134 - Nuncupative wills (Repealed)

Section 3135 - Wills in foreign language

Section 3136 - Wills probated outside the Commonwealth

Section 3137 - Enforcing production of will

Section 3138 - Later will or codicil

Section 3151 - Proper county

Section 3152 - When 21 years elapsed

Section 3153 - Contents of petition

Section 3154 - Affidavit and oath

Section 3155 - Persons entitled

Section 3156 - Persons not qualified

Section 3157 - Nonresidents

Section 3158 - Letters of administration C.T.A

Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A

Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite

Section 3161 - Oath of personal representative

Section 3162 - Advertisement of grant of letters

Section 3163 - Submission to jurisdiction

Section 3171 - Individual estate

Section 3172 - Register's responsibility

Section 3173 - Fiduciary estate

Section 3174 - When not required

Section 3175 - Requiring or changing amount of bond

Section 3181 - Revocation of letters

Section 3182 - Grounds for removal

Section 3183 - Procedure for and effect of removal

Section 3184 - Discharge of personal representative and surety