Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 35 - Accounts and Distribution
Section 3541 - Order of abatement


(a) General rules.--Except as otherwise provided by the will, if the assets are insufficient to pay all claimants and distributees in full, the shares of distributees, without distinction between real and personal estate, shall have priority of distribution in the following order:
(1) Property specifically devised or bequeathed to or for the benefit of the surviving spouse.
(2) Property specifically devised or bequeathed to or for the benefit of the decedent's issue.
(3) Property specifically devised or bequeathed to or for the benefit of other distributees.
(4) Property disposed of by will in the form of a general bequest of cash, stocks or bonds.
(5) Property disposed of by general devise or bequest and not included in a residuary clause.
(6) Property devised or bequeathed in a residuary clause.
(7) Property not disposed of by the will.
(b) Demonstrative legacies.--Property out of which a demonstrative legacy is primarily to be paid shall be deemed to be specifically devised or bequeathed to the extent of such demonstrative legacy.

Cross References. Section 3541 is referred to in sections 3542, 7799.2 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Chapter 35 - Accounts and Distribution

Extra - Chapter Notes

Section 3501 - Accounting required (Repealed)

Section 3501.1 - Accounting by personal representative

Section 3501.2 - Annexation of account of terminated trust, guardianship or agency

Section 3502 - Where filed

Section 3503 - Notice to parties in interest

Section 3504 - Representation of parties in interest (Repealed)

Section 3511 - Audits in counties having separate orphans' court division

Section 3512 - Audits in counties having no separate orphans' court division

Section 3513 - Statement of proposed distribution

Section 3514 - Confirmation of account and approval of proposed distribution

Section 3521 - Rehearing; relief granted

Section 3531 - Estates not exceeding $50,000

Section 3532 - At risk of personal representative

Section 3533 - Award upon final confirmation of account

Section 3534 - Distribution in kind

Section 3534.1 - Cost of distribution of tangible personal property

Section 3535 - Delivery of possession of real estate

Section 3536 - Recording and registering decrees awarding real estate

Section 3537 - Compensation

Section 3538 - Distributions involving persons born out of wedlock

Section 3539 - Change in law after pattern of distribution established

Section 3540 - Absentee and additional distributees

Section 3541 - Order of abatement

Section 3542 - Contribution

Section 3543 - Income on distributive shares

Section 3544 - Liability of personal representative for interest

Section 3545 - Transcripts of balances due by personal representative

Section 3546 - Determination of title to decedent's interest in real estate

Section 3551 - Enforcement of payment

Section 3552 - Discharge of portion of property from charges payable in the future

Section 3553 - Discharge of property from lien of charge

Section 3554 - Presumption of payment, release or extinguishment