(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
Section 3101 - Payments to family and funeral directors
Section 3102 - Settlement of small estates on petition
Section 3122 - Payment or delivery of exemption
Section 3123 - Payment from real estate
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 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 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