Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Section 711 - Mandatory exercise of jurisdiction through orphans' court division in general - Except as provided in section 712 (relating to nonmandatory exercise...

Section 712 - Nonmandatory exercise of jurisdiction through orphans' court division - The jurisdiction of the court of common pleas over the...

Section 713 - Special provisions for Philadelphia County - The provisions of section 711 (relating to mandatory exercise of...

Section 714 - Conflict of laws - Nothing in this chapter shall be construed to interfere with...

Section 715 - Incidental powers (Repealed) - 1978 Repeal. Section 715 was repealed April 28, 1978, P.L.202,...

Section 721 - Venue of decedents', minors' and incapacitated persons' estates - When a Pennsylvania court has jurisdiction of a decedent's, a...

Section 722 - Venue of trust estates - When a Pennsylvania court has jurisdiction of any trust, testamentary...

Section 723 - Situs of testamentary trust (Deleted by amendment) - 2006 Amendment. Section 723 was deleted by amendment July 7,...

Section 724 - Situs of inter vivos trust (Deleted by amendment) - 2006 Amendment. Section 724 was deleted by amendment July 7,...

Section 725 - Change of situs; order of court (Deleted by amendment) - 2006 Amendment. Section 725 was deleted by amendment July 7,...

Section 726 - Venue of nonprofit corporations - Except as otherwise prescribed by general rules, in exercising the...

Section 727 - Venue of cemetery companies - Except as otherwise provided in Title 9 (relating to burial...

Section 741 - Duties of the clerk (Repealed) - § 741. Duties of the clerk (Repealed).

Section 743 - Bill of costs (Repealed) - 1978 Repeal. The repeal of section 743 is effective one...

Section 745 - Advertisement of accounts - (a) Requirement of notice; contents of notice.--The clerk of the...

Section 746 - Money paid into court (Repealed) - 1978 Repeal. The repeal of section 746 is effective two...

Section 751 - Appointment; purpose - The orphans' court division may appoint: (1) Masters.--A master to...

Section 752 - Compensation - The compensation of any master, auditor, examiner, guardian ad litem,...

Section 753 - Subpoenas - Masters, auditors and examiners shall have the power to issue...

Section 754 - Power to administer oaths (Repealed) - 1978 Repeal. Section 754 was repealed April 28, 1978, P.L.202,...

Section 761 - Petitions - All applications to the orphans' court division shall be by...

Section 762 - Accounts - The orphans' court division may decide or dispose of any...

Section 763 - Writs of habeas corpus (Repealed) - 1978 Repeal. Section 763 was repealed April 28, 1978, P.L.202,...

Section 764 - Citation - Jurisdiction of the person shall be obtained by citation to...

Section 765 - Service of citation - A citation to obtain jurisdiction of a person may be...

Section 766 - Proof of service - Proof of service shall be by affidavit of the person...

Section 767 - Parties in interest - In any proceeding where the orphans' court division considers that...

Section 768 - Manner of service; proof - Notice of any proceeding in an orphans' court division may...

Section 769 - Power of orphans' court division (Repealed) - 1978 Repeal. Section 769 was repealed April 28, 1978, P.L.202,...

Section 771 - Decree without prior hearing; attachment; sequestration (Repealed) - 1978 Repeal. Section 771 was repealed April 28, 1978, P.L.202,...

Section 772 - Injunctions (Repealed) - 1978 Repeal. Section 772 was repealed April 28, 1978, P.L.202,...

Section 773 - Subpoenas (Repealed) - 1980 Repeal. Section 773 was repealed October 5, 1980, P.L.693,...

Section 774 - Depositions and discovery - The orphans' court division, by general rule or special order,...

Section 775 - Perpetuation of testimony and court records - The orphans' court division, by general rule or special order,...

Section 776 - Testimony in proceedings removed from register - On appeal from the register, or in a proceeding removed...

Section 777 - Right to jury trial; discretion of orphans' court division - (a) Title to property.--When a substantial dispute of fact shall...

Section 778 - Procedure for jury trials - (a) Jury.--Jury trials in any case begun before or certified...

Section 779 - Nonsuits - (a) In general.--The orphans' court division may enter a nonsuit...

Section 781 - Methods of enforcement - Compliance with an order or decree of an orphans' court...

Section 782 - Procedure on attachment of the person - (a) Direction of writs.--A writ of attachment of the person...

Section 783 - Procedure on sequestration of real or personal property - A writ of sequestration of real or personal property of...

Section 784 - Procedure on execution on personal property - Writs of execution on personal property shall be allowed by...

Section 785 - Procedure on attachment execution - Writs of attachment execution shall be allowed by the orphans'...

Section 786 - Procedure on execution on real estate - (a) Filing.--The prothonotary of any court of common pleas shall,...

Section 791 - Allowance and allocation (Repealed) - 1978 Repeal. Section 791 was repealed April 28, 1978, P.L.202,...

Section 792 - Right of appeal (Repealed) - 1978 Repeal. Section 792 was repealed April 28, 1978, P.L.202,...

Section 793 - Effect of appeal - No appeal from an order or decree of an orphans'...

Section 794 - Disposition of cases on appeal (Repealed) - 1978 Repeal. Section 794 was repealed April 28, 1978, P.L.202,...

Chapter 9 - Register of Wills

Extra - Chapter Notes - Enactment. Chapter 9 was added June 30, 1972, P.L.508, No.164,...

Section 901 - Register's jurisdiction - Within the county for which he has been elected or...

Section 902 - Deputy register - Every register shall appoint a deputy or two deputies who...

Section 903 - Witnesses; testimony - The register shall have power to: (1) Subpoenas.--Issue a subpoena...

Section 904 - Witness fees - Witnesses appearing before the register in obedience to the register's...

Section 905 - Enforcement of subpoenas, orders and costs - Should any person refuse to comply with any subpoena or...

Section 906 - Caveat - (a) Bond.--When a caveat has been filed, the register shall...

Section 907 - Certification of records to court - Whenever a caveat shall be filed or a dispute shall...

Section 908 - Appeals - (a) When allowed.--Any party in interest seeking to challenge the...

Section 909 - Bill of costs (Repealed) - 1978 Repeal. Section 909 was repealed April 28, 1978, P.L.202,...

Section 910 - Transmission of accounts to the court - All accounts filed with the register shall be transmitted to...

Section 911 - Attestation of certain applications and documents - Except as provided otherwise in section 3154 (relating to affidavit...

Section 921 - Wills - All probated wills shall be indexed and recorded by the...

Section 922 - Inventories - The register shall index and record all inventories filed with...

Section 923 - Certified copies - Every register upon the request of any person paying the...

Section 924 - Recording proceedings in another county - Copies of wills and probate proceedings and records of the...

Section 925 - Certificates and affidavits of death - Where it is not necessary to have letters granted to...

Chapter 21 - Intestate Succession

Extra - Chapter Notes - Enactment. Chapter 21 was added June 30, 1972, P.L.508, No.164,...

Section 2101 - Intestate estate - (a) General rule.--All or any part of the estate of...

Section 2102 - Share of surviving spouse - The intestate share of a decedent's surviving spouse is: (1)...

Section 2103 - Shares of others than surviving spouse - The share of the estate, if any, to which the...

Section 2104 - Rules of succession - The provisions of this chapter shall be applied to both...

Section 2105 - Spouse's rights - (a) Widow.--The share of the estate to which a widow...

Section 2106 - Forfeiture - (a) Spouse's share.-- (1) A spouse who, for one year...

Section 2107 - Persons born out of wedlock - (a) Child of mother.--For purposes of descent by, from and...

Section 2108 - Adopted person - For purposes of inheritance by, from and through an adopted...

Section 2109 - Advancements (Repealed) - 1976 Repeal. Section 2109 was repealed July 9, 1976, P.L.551,...

Section 2109.1 - Advancements - If a person dies intestate as to all or any...

Section 2110 - Spouse's allowance; procedure - The allowance shall be set aside and awarded in distribution...

Section 2111 - Procedure to establish title to real property when spouse claims entire estate (Repealed) - 1978 Repeal. Section 2111 was repealed April 18, 1978, P.L.42,...

Section 2112 - Property distributable to the Commonwealth (Repealed) - 1976 Repeal. Section 2112 was repealed July 9, 1976, P.L.551,...

Section 2113 - Limitations of claims (Repealed) - 1976 Repeal. Section 2113 was repealed July 9, 1976, P.L.551,...

Section 2114 - Personal estate of nonresident (Repealed) - 1976 Repeal. Section 2114 was repealed July 9, 1976, P.L.551,...

Chapter 22 - Elective Share of Surviving Spouse

Extra - Chapter Notes - Enactment. Chapter 22 was added April 18, 1978, P.L.42, No.23,...

Section 2201 - Definition of conveyance - As used in this chapter, unless the context clearly indicates...

Section 2202 - Right of election; nonresident decedent - When a married person not domiciled in this Commonwealth dies,...

Section 2203 - Right of election; resident decedent - (a) Property subject to election.--Except as provided in subsection (c),...

Section 2204 - Disclaimers, releases and charges against elective share - (a) Disclaimers.--Except as provided in subsections (b) and (c), an...

Section 2205 - Transfers for value excluded - Conveyances and contracts made by the decedent are excluded from...

Section 2206 - Right of election personal to surviving spouse - The right of election of the surviving spouse may be...

Section 2207 - Waiver of right to elect - The right of election of a surviving spouse may be...

Section 2208 - Forfeiture of right of election - A surviving spouse who under the provisions of section 2106...

Section 2209 - Surviving spouse as witness - A person who is or claims to be the surviving...

Section 2210 - Procedure for election; time limit - (a) How election made.--A surviving spouse's election to take or...

Section 2211 - Determination of effect of election; enforcement - (a) Power of court of domicile.--After notice and hearing, the...

Chapter 25 - Wills

Extra - Chapter Notes - Enactment. Chapter 25 was added June 30, 1972, P.L.508, No.164,...

Section 2501 - Who may make a will - Any person 18 or more years of age who is...

Section 2502 - Form and execution of a will - Every will shall be in writing and shall be signed...

Section 2503 - Nuncupative wills (Repealed) - 1974 Repeal. Section 2503 was repealed December 10, 1974, P.L.867,...

Section 2504 - Witnesses (Repealed) - 1974 Repeal. Section 2504 was repealed December 10, 1974, P.L.867,...

Section 2504.1 - Validity of execution - A will is validly executed if executed in compliance with...

Section 2505 - Revocation of a will - No will or codicil in writing, or any part thereof,...

Section 2506 - Revival of revoked or invalid will - If, after the making of any will, the testator shall...

Section 2507 - Modification by circumstances - Wills shall be modified upon the occurrence of any of...

Section 2508 - Change by election of surviving spouse (Repealed) - 1978 Repeal. Section 2508 was repealed April 18, 1978, P.L.42,...

Section 2509 - Forfeiture of right of election (Repealed) - 1978 Repeal. Section 2509 was repealed April 18, 1978, P.L.42,...

Section 2510 - How election made (Repealed) - 1978 Repeal. Section 2510 was repealed April 18, 1978, P.L.42,...

Section 2511 - Time for making election (Repealed) - 1978 Repeal. Section 2511 was repealed April 18, 1978, P.L.42,...

Section 2512 - Failure to make an election (Repealed) - 1978 Repeal. Section 2512 was repealed April 18, 1978, P.L.42,...

Section 2513 - Grantee or lienholder (Repealed) - 1978 Repeal. Section 2513 was repealed April 18, 1978, P.L.42,...

Section 2514 - Rules of interpretation - In the absence of a contrary intent appearing therein, wills...

Section 2515 - Devise or bequest to trust - A devise or bequest in a will may be made...

Section 2516 - Devise in fee tail abolished - Whenever by any devise an estate in fee tail would...

Section 2517 - Rule in Shelley's case and doctrine of worthier title - (a) Rule in Shelley's case.--The rule in Shelley's case and...

Section 2518 - Alienage - Real and personal estate shall pass without regard to whether...

Section 2519 - Testamentary guardian - (a) Guardian of the person.--A person competent to make a...

Section 2520 - Personal estate of nonresident (Repealed) - 1976 Repeal. Section 2520 was repealed July 9, 1976, P.L.551,...

Section 2521 - Penalty clause for contest - A provision in a will or trust purporting to penalize...

Chapter 27 - Contractual Arrangements Relating to Succession

Extra - Chapter Notes - Enactment. Chapter 27 was added December 16, 1992, P.L.1163, No.152,...

Section 2701 - Contracts concerning succession - (a) Establishment of contract.--A contract to die intestate or to...

Chapter 28 - Formula Clauses for Federal Tax Purposes

Extra - Chapter Notes - Enactment. Chapter 28 was added October 27, 2010, P.L.837, No.85,...

Section 2801 - Definitions - The following words and phrases when used in this chapter...

Section 2802 - Interpretation of formula clauses - (a) General rule.--Except as provided in subsection (b) and subject...

Section 2803 - Judicial proceeding - (a) Standing.--The decedent's personal representative, trustee or any affected beneficiary...

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

Extra - Chapter Notes - Enactment. Chapter 31 was added June 30, 1972, P.L.508, No.164,...

Section 3101 - Payments to family and funeral directors - (a) Wages, salary or employee benefits.--Any employer of a person...

Section 3102 - Settlement of small estates on petition - When any person dies domiciled in the Commonwealth owning property...

Section 3121 - When allowable - The spouse of any decedent dying domiciled in the Commonwealth,...

Section 3122 - Payment or delivery of exemption - (a) Items claimed.--The personal representative, if any, shall deliver to...

Section 3123 - Payment from real estate - (a) Appraisement.--If the exemption is claimed in whole or in...

Section 3124 - Income - When the family exemption does not exhaust the entire real...

Section 3125 - Other remedies - The surviving spouse, child or children, parent or parents may...

Section 3126 - Grantee or lienholder - (a) Rights accruing before death; purchase money obligation.--Nothing in Subchapter...

Section 3131 - Place of probate - The will of a decedent domiciled in the Commonwealth at...

Section 3132 - Manner of probate - All wills shall be proved by the oaths or affirmations...

Section 3132.1 - Self-proved wills - (a) Proof.--Unless there is a contest with respect to the...

Section 3133 - Limit of time for probate - (a) Original probate.--A will may be offered for probate at...

Section 3134 - Nuncupative wills (Repealed) - 1974 Repeal. Section 3134 was repealed December 10, 1974, P.L.867,...

Section 3135 - Wills in foreign language - A writing not in English shall not be filed for...

Section 3136 - Wills probated outside the Commonwealth - A duly authenticated copy of a will proved outside of...

Section 3137 - Enforcing production of will - The register, at the request of any party in interest,...

Section 3138 - Later will or codicil - If a later will or codicil is submitted to the...

Section 3151 - Proper county - Letters testamentary or of administration on the estate of a...

Section 3152 - When 21 years elapsed - Letters testamentary or of administration shall not be granted after...

Section 3153 - Contents of petition - A petition for the grant of letters testamentary or of...

Section 3154 - Affidavit and oath - (a) Fiduciary and witness.--The affidavit to a petition for the...

Section 3155 - Persons entitled - (a) Letters testamentary.--Letters testamentary shall be granted by the register...

Section 3156 - Persons not qualified - No person shall be qualified to serve as a personal...

Section 3157 - Nonresidents - The register shall have discretion to refuse letters of administration...

Section 3158 - Letters of administration C.T.A - When there is a will, but no executor qualifies, letters...

Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A - When an entire vacancy occurs in the office of personal...

Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite - Whenever the circumstances of the case require, letters of administration...

Section 3161 - Oath of personal representative - Before letters shall be granted to a personal representative by...

Section 3162 - Advertisement of grant of letters - (a) Notice generally.--The personal representative, immediately after the grant of...

Section 3163 - Submission to jurisdiction - (a) General rule.--By accepting appointment by the register of wills,...

Section 3171 - Individual estate - Except as hereinafter provided, before letters shall be granted to...

Section 3172 - Register's responsibility - If any register shall grant letters without having taken such...

Section 3173 - Fiduciary estate - The register, in his discretion, upon the application of any...

Section 3174 - When not required - (a) Corporate personal representative.--No bond shall be required of: (1)...

Section 3175 - Requiring or changing amount of bond - (a) By the court.--The court, upon cause shown and after...

Section 3181 - Revocation of letters - (a) When no will.--The register may revoke letters of administration...

Section 3182 - Grounds for removal - The court shall have exclusive power to remove a personal...

Section 3183 - Procedure for and effect of removal - The court on its own motion may, and on the...

Section 3184 - Discharge of personal representative and surety - After confirmation of his final account and distribution to the...

Chapter 33 - Administration and Personal Representatives

Extra - Chapter Notes - Enactment. Chapter 33 was added June 30, 1972, P.L.508, No.164,...

Section 3301 - Duty of personal representative - (a) General assets.--Every personal representative shall file with the register...

Section 3302 - Valuations - The personal representative shall determine and state in figures opposite...

Section 3303 - Supplemental inventory - Whenever any property not included in the inventory comes to...

Section 3304 - Claims against personal representative - The appointment of a personal representative shall not operate as...

Section 3305 - Objections to inventory - Objections to the inventory may be made by any party...

Section 3311 - Possession of real and personal estate; exception - (a) Personal representative.--A personal representative shall have the right to...

Section 3312 - Renunciation of right to administer property - When any property is of no value to the estate,...

Section 3313 - Liability insurance - The personal representative, at the expense of the estate, may...

Section 3314 - Continuation of business - Giving due regard to the provisions of the governing instrument...

Section 3315 - Incorporation of or formation of entity to operate estate's business - After notice to all parties in interest, aided by the...

Section 3316 - Investment of funds - Subject to his duty to liquidate the estate for prompt...

Section 3316.1 - Set-aside - A personal representative may, without court approval, set aside property...

Section 3317 - Claims against co-fiduciary - When one of two or more personal representatives shall be...

Section 3318 - Revival of judgments against personal representative - When the estate holds a judgment which is a lien...

Section 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 estate,...

Section 3320 - Voting stock by proxy - The personal representatives or a majority of them, either in...

Section 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 or a...

Section 3322 - Acceptance of deed in lieu of foreclosure - The personal representative may take for the estate from the...

Section 3323 - Compromise of controversies - (a) In general.--Whenever it shall be proposed to compromise or...

Section 3324 - Death or incapacity of fiduciary - The personal representative of the estate of a deceased fiduciary...

Section 3325 - Administrator C.T.A - An administrator with the will annexed shall have all the...

Section 3326 - Administrator D.B.N. and D.B.N.C.T.A - An administrator de bonis non, with or without a will...

Section 3327 - Surviving or remaining personal representatives - Surviving or remaining personal representatives shall have all the powers...

Section 3328 - Disagreement of personal representatives - (a) Decision of majority.--If a dispute shall arise among personal...

Section 3329 - Effect of revocation of letters, probate of will, later will or codicil - No act of administration performed by a personal representative in...

Section 3330 - Notice of devise or bequest to corporation or association - A personal representative to whom original letters are granted shall...

Section 3331 - Liability of personal representative on contracts - Unless he expressly contracts otherwise, in writing, a personal representative...

Section 3332 - Inherent powers and duties - Except as otherwise provided in this title, nothing in this...

Section 3351 - Power to sell - Except as otherwise provided by the will, if any, the...

Section 3352 - Power to lease - Except as otherwise provided by the will, if any, the...

Section 3353 - Order of court - When the personal representative is not authorized to do so...

Section 3354 - Power given in governing instrument - A testamentary power given in the governing instrument to sell,...

Section 3355 - Restraint of sale - The court, on its own motion or upon application of...

Section 3356 - Purchase by personal representative - In addition to any right conferred by a governing instrument,...

Section 3357 - Title of purchaser - (a) General rule.--If the personal representative has given such bond,...

Section 3358 - Collateral attack - No decree entered pursuant to this title shall be subject...

Section 3359 - Record of proceedings; county where real estate lies - Certified copies of proceedings of any court of the Commonwealth...

Section 3360 - Contracts, inadequacy of consideration or better offer; brokers' commissions - (a) Inadequacy of consideration or better offer.--When a personal representative...

Section 3371 - Actions which survive - All causes of action or proceedings shall survive as provided...

Section 3372 - Substitution of personal representative in pending action or proceedings - Substitution of the personal representative of a deceased party to...

Section 3373 - Action by or against personal representative - An action or proceeding to enforce any right or liability...

Section 3374 - Death or removal of fiduciary - An action or proceeding to which a fiduciary is a...

Section 3375 - Abatement of action for failure to take out letters - If a plaintiff or petitioner in any action or proceeding...

Section 3376 - Limitations against debt due estate - Any statute of limitation which would bar any debt or...

Section 3377 - Execution on judgments - (a) When prohibited.--No execution shall issue against, nor shall any...

Section 3381 - Liens and charges existing at death not impaired - Nothing in this title shall be construed as impairing any...

Section 3382 - Judgments which are liens at death - Any judgment which at the decedent's death was a lien...

Section 3383 - Statutes of limitations; claims not barred at death - The death of a person shall not stop the running...

Section 3384 - Notice of claim - (a) Written notice.--Written notice of any claim against a decedent...

Section 3384.1 - Notice after settlor of revocable trust has died - No later than 30 days after the date on which...

Section 3385 - Limitation upon claims - All claims against the decedent, subject only to the provisions...

Section 3386 - Failure to present claim at audit - If any claimant whose claim is not reported to the...

Section 3387 - Claims not due; certain to become due - Upon satisfactory proof or admission of a claim which is...

Section 3388 - Claims not certain to become due - Upon satisfactory proof or admission of a claim which may...

Section 3389 - Claims subject to litigation in other courts - When any claim not proved in the orphans' court division...

Section 3390 - Specific performance of contracts - (a) Application to court.--If any person makes a legally binding...

Section 3391 - Proceeding against personal representative - Any proceeding may be brought against a personal representative or...

Section 3392 - Classification and order of payment - If the applicable assets of the estate are insufficient to...

Section 3393 - Notice to Commonwealth and political subdivisions - When the Commonwealth or a political subdivision thereof has a...

Chapter 35 - Accounts and Distribution

Extra - Chapter Notes - Enactment. Chapter 35 was added June 30, 1972, P.L.508, No.164,...

Section 3501 - Accounting required (Repealed) - 1974 Repeal. Section 3501 was repealed December 10, 1974, P.L.867,...

Section 3501.1 - Accounting by personal representative - A personal representative may file his account at any time...

Section 3501.2 - Annexation of account of terminated trust, guardianship or agency - A personal representative who has received property from a trustee,...

Section 3502 - Where filed - The account of the personal representative shall be filed in...

Section 3503 - Notice to parties in interest - The personal representative shall give written notice of the filing...

Section 3504 - Representation of parties in interest (Repealed) - 1999 Repeal. Section 3504 was repealed October 12, 1999, P.L.422,...

Section 3511 - Audits in counties having separate orphans' court division - In any county having a separate orphans' court division, the...

Section 3512 - Audits in counties having no separate orphans' court division - In any county having no separate orphans' court division, the...

Section 3513 - Statement of proposed distribution - A personal representative filing an account shall file a statement...

Section 3514 - Confirmation of account and approval of proposed distribution - No account shall be confirmed, or statement of proposed distribution...

Section 3521 - Rehearing; relief granted - If any party in interest shall, within five years after...

Section 3531 - Estates not exceeding $50,000 - When the gross real and personal estate of a decedent...

Section 3532 - At risk of personal representative - (a) Rights of claimants against personal representatives.--A personal representative, at...

Section 3533 - Award upon final confirmation of account - A personal representative shall be relieved of liability with respect...

Section 3534 - Distribution in kind - The court, for cause shown, may order the estate to...

Section 3534.1 - Cost of distribution of tangible personal property - Except as otherwise provided in the will, if any, the...

Section 3535 - Delivery of possession of real estate - Upon application of any party in interest and after such...

Section 3536 - Recording and registering decrees awarding real estate - A certified copy of every adjudication or decree awarding real...

Section 3537 - Compensation - The court shall allow such compensation to the personal representative...

Section 3538 - Distributions involving persons born out of wedlock - A personal representative may administer an estate on the assumption...

Section 3539 - Change in law after pattern of distribution established - A personal representative shall have no liability for continued distribution...

Section 3540 - Absentee and additional distributees - (a) Distributions due absentees.-- (1) If the continued existence or...

Section 3541 - Order of abatement - (a) General rules.--Except as otherwise provided by the will, if...

Section 3542 - Contribution - The court may make orders of contribution among legatees or...

Section 3543 - Income on distributive shares - (a) Pecuniary legacy.--A pecuniary legacy bequeathed in trust shall be...

Section 3544 - Liability of personal representative for interest - A personal representative who has committed a breach of duty...

Section 3545 - Transcripts of balances due by personal representative - (a) Filing in common pleas.--The prothonotary of any court of...

Section 3546 - Determination of title to decedent's interest in real estate - (a) Applicability.--This section shall apply if: (1) A person dies...

Section 3551 - Enforcement of payment - When a sum of money is charged upon real or...

Section 3552 - Discharge of portion of property from charges payable in the future - When a sum of money is charged upon real or...

Section 3553 - Discharge of property from lien of charge - (a) Payment into court.--When real or personal property by will,...

Section 3554 - Presumption of payment, release or extinguishment - (a) Lapse of 20 years.--When: (1) for 20 years after...

Chapter 37 - Apportionment of Death Taxes

Extra - Chapter Notes - Enactment. Present Chapter 37 was added February 18, 1982, P.L.45,...

Section 3701 - Power of decedent - A testator, settlor, donor or possessor of any appropriate power...

Section 3702 - Equitable apportionment of Federal estate tax - (a) General rule.--Subject to the provisions of section 3701 (relating...

Section 3703 - Apportionment of Pennsylvania inheritance tax - The Pennsylvania inheritance tax shall be apportioned as provided in...

Section 3704 - Apportionment of Pennsylvania estate tax - The Pennsylvania estate tax shall be apportioned in the same...

Section 3705 - Apportionment of Federal generation-skipping tax - Subject to the provisions of section 3701 (relating to power...

Section 3706 - Enforcement of contribution or exoneration of Federal estate tax - (a) Duty to pay.--Parties liable for apportionment of the Federal...

Chapter 39 - Uniform Fiduciary Access to Digital Assets

Extra - Chapter Notes - Enactment. Chapter 39 was added July 23, 2020, P.L.684, No.72,...

Section 3901 - Short title of chapter - This chapter may be cited as the Revised Uniform Fiduciary...

Section 3902 - Definitions - The following words and phrases when used in this chapter...

Section 3903 - Applicability - (a) Time.--This chapter applies to: (1) a fiduciary acting under...

Section 3904 - User direction for disclosure of digital assets - (a) Use of online tool.-- (1) A user may use...

Section 3905 - Terms-of-service agreement - (a) Alteration of rights under this chapter.--This chapter does not...

Section 3906 - Procedure for disclosing digital assets - (a) Authority of custodian.--When disclosing digital assets of a user...

Section 3907 - Disclosure of content of electronic communications of deceased user - If a deceased user consented to or a court directs...

Section 3908 - Disclosure of other digital assets of deceased user - (a) Obligations of representative.--Unless the user prohibited disclosure of digital...

Section 3909 - Disclosure of content of electronic communications of principal - To the extent a power of attorney expressly grants an...

Section 3910 - Disclosure of other digital assets of principal - Unless otherwise ordered by the court, directed by the principal...

Section 3911 - Disclosure of digital assets held in trust when trustee is original user - Unless otherwise ordered by the court or provided in a...

Section 3912 - Disclosure of contents of electronic communications held in trust when trustee not original user - Unless otherwise ordered by the court, directed by the user...

Section 3913 - Disclosure of other digital assets held in trust when trustee not original user - Unless otherwise ordered by the court, directed by the user...

Section 3914 - Disclosure of digital assets to guardian of the estate - (a) Access.--After an opportunity for a hearing, the court may...

Section 3915 - Fiduciary duty and authority - (a) Duties.--The legal duties imposed on a fiduciary charged with...

Section 3916 - Custodian compliance and immunity - (a) Requirement.--Not later than 60 days after receipt of the...

Section 3917 - Uniformity of application and construction - In applying and construing this uniform act, consideration must be...

Section 3918 - Relation to Electronic Signatures in Global and National Commerce Act - To the extent permitted by section 102 of the Electronic...

Chapter 41 - Foreign Fiduciaries

Extra - Chapter Notes - Enactment. Chapter 41 was added June 30, 1972, P.L.508, No.164,...

Section 4101 - In general - A foreign fiduciary may institute proceedings in the Commonwealth, subject...

Section 4102 - Powers with respect to securities and bank accounts - (a) Securities.--When there is no administration in the Commonwealth, a...

Section 4103 - Service of process (Repealed) - 1978 Repeal. Section 4103 was repealed April 28, 1978, P.L.202,...

Section 4104 - Proof of authority in court proceedings - Upon commencing any proceeding in any court of the Commonwealth,...

Section 4105 - Effect of local proceedings - No person who, before receiving actual notice of local administration...

Section 4111 - To foreign personal representative - When a share of an estate administered in the Commonwealth...

Section 4112 - To foreign trustee, guardian or committee - When a share of an estate administered in the Commonwealth...

Section 4121 - Award to foreign guardian when minor or incapacitated person becomes a nonresident - When the minor or incapacitated person for whose estate a...

Chapter 43 - Temporary Fiduciaries

Extra - Chapter Notes - Enactment. Chapter 43 was added December 10, 1974, P.L.896, No.294,...

Section 4301 - Appointment of temporary fiduciary - Whenever and for so long as any fiduciary is in...

Section 4302 - Petition for relief; joinder of parties; notice - The relief authorized by section 4301 (relating to appointment of...

Section 4303 - Security by substituted fiduciaries; duties and responsibilities - Any substituted fiduciary pro tem appointed under the provisions of...

Section 4304 - Duration of decree; impeachment of acts - Any decree entered pursuant to the provisions of section 4301...

Section 4305 - Fiduciaries temporarily relieved of duties and liabilities - So long as any decree entered pursuant to the provisions...

Section 4306 - Power to control, remove, discharge and settle accounts - The court appointing a substituted fiduciary pro tem under the...

Chapter 45 - Sureties

Extra - Chapter Notes - Enactment. Chapter 45 was added June 30, 1972, P.L.508, No.164,...

Section 4501 - Agreement concerning deposit of assets - A fiduciary may agree with his surety for the deposit...

Section 4502 - Notice - Except as otherwise provided by contract, the surety of every...

Section 4503 - Participation in administration - The surety of a fiduciary may intervene in any proceeding...

Section 4504 - Information from fiduciary; accounting - Upon the application of his surety, every fiduciary shall make...

Section 4505 - Release of surety before discharge of fiduciary - For good cause, the court, upon the petition of any...

Section 4521 - Suits on bonds - Any bond of a fiduciary shall be in the name...

Section 4522 - Service of process on nonresident surety (Repealed) - 1978 Repeal. Section 4522 was repealed April 28, 1978, P.L.202,...

Chapter 51 - Minors

Extra - Chapter Notes - Cross References. Chapter 51 is referred to in section 5702...

Section 5101 - When guardian unnecessary - When the entire real and personal estate, wherever located of...

Section 5102 - Power of natural guardian - The court may authorize or direct the parent, person, or...

Section 5103 - Sequestered deposit - Without the appointment of a guardian, any amount in cash...

Section 5111 - County of appointment - (a) Resident minor.--A guardian of the person or of the...

Section 5112 - Persons not qualified to be appointed by the court - The court shall not appoint as guardian of the estate...

Section 5113 - Persons preferred in appointment - A person of the same religious persuasion as the parents...

Section 5114 - Service of process on nonresident guardian (Repealed) - 1978 Repeal. Section 5114 was repealed April 28, 1978, P.L.202,...

Section 5115 - Appointment of guardian in conveyance - Any person, who makes a deed or gift inter vivos...

Section 5116 - Orphan beneficiaries, charitable uses or trusts; administration, cities of first class - Whenever any city of the first class of this Commonwealth...

Section 5121 - Necessity, form and amount - Except as hereinafter provided, every guardian of the estate of...

Section 5122 - When bond not required - (a) Guardian named in conveyance.--No bond shall be required of...

Section 5123 - Requiring or changing amount of bond - The court, for cause shown, and after such notice, if...

Section 5131 - Grounds and procedure - The grounds and the procedure for the removal or discharge...

Section 5141 - Possession of real and personal property - The guardian of the estate of a minor appointed by...

Section 5142 - Inventory - Every guardian, within three months after real or personal estate...

Section 5143 - Abandonment of property - When any property is so burdensome or is so encumbered...

Section 5144 - Powers, duties and liabilities identical with personal representatives - The provisions concerning the powers, duties and liabilities of a...

Section 5145 - Investments - Subject only to the provisions of a governing instrument, if...

Section 5146 - Guardian named in conveyance - (a) In general.--The powers, duties and liabilities of a guardian...

Section 5147 - Proceedings against guardian - Any proceeding may be brought against a guardian or the...

Section 5151 - Power to sell personal property - A guardian appointed by the court may sell, at public...

Section 5152 - Power to lease - A guardian appointed by the court may lease any real...

Section 5153 - Provisions identical to other estates - The provisions concerning guardians and minors' estates shall be the...

Section 5154 - Title of purchaser - If the guardian has given the bond, if any, required...

Section 5155 - Order of court - Whenever the court finds it to be for the best...

Section 5161 - When accounting filed - A guardian shall file an account of his administration whenever...

Section 5162 - Where accounts filed - All accounts of guardians shall be filed in the office...

Section 5163 - Notice, audits, reviews and distribution - The provisions concerning accounts, audits, reviews, distribution and rights of...

Section 5163.1 - Distribution to personal representative (Repealed) - 1984 Repeal. Section 5163.1 was repealed October 12, 1984, P.L.929,...

Section 5164 - Distributions for support and education - All income received by a guardian of the estate of...

Section 5165 - Notice to guardian or guardian ad litem - The guardian of the estate of a minor shall be...

Section 5166 - Death of minor - Upon the audit of the account of the guardian of...

Section 5167 - Failure to present claim at audit - (a) In general.--Any person who at the audit of a...

Chapter 53 - Pennsylvania Uniform Transfers to Minors Act

Extra - Chapter Notes - Enactment. Chapter 53 was added Dec. 16, 1992, P.L.1163, No.152,...

Section 5301 - Short title of chapter and definitions - 5310. Single custodianship. 5311. Validity and effect of transfer. 5312....

Section 5302 - Scope and jurisdiction - (a) Application of chapter.--This chapter applies to a transfer that...

Section 5303 - Nomination of custodian - (a) General rule.--A person having the right to designate the...

Section 5304 - Transfer by gift or exercise of power of appointment - A person may make a transfer by irrevocable gift to,...

Section 5305 - Transfer authorized by will or trust - (a) General rule.--A personal representative or trustee may make an...

Section 5306 - Other transfer by fiduciary - (a) Irrevocable transfer by personal representative or trustee.--Subject to subsection...

Section 5307 - Transfer by obligor - (a) Irrevocable transfer for benefit of minor.--Subject to subsections (b)...

Section 5308 - Receipt for custodial property - A written acknowledgment of delivery by a custodian constitutes a...

Section 5309 - Manner of creating custodial property and effecting transfer - (a) Creation of custodial property.--Custodial property is created and a...

Section 5310 - Single custodianship - A transfer may be made only for one minor, and...

Section 5311 - Validity and effect of transfer - (a) Validity of transfer.--The validity of a transfer made in...

Section 5312 - Care of custodial property - (a) Duties of custodian.--A custodian shall: (1) Take control of...

Section 5313 - Powers of custodian - (a) General rule.--A custodian, acting in a custodial capacity, has...

Section 5314 - Use of custodial property - (a) Without court order.--A custodian may deliver or pay to...

Section 5315 - Expenses, compensation and bond of custodian - (a) Expenses.--A custodian is entitled to reimbursement from custodial property...

Section 5316 - Exemption of third person from liability - A third person in good faith and without court order...

Section 5317 - Liability to third persons - (a) Claim against custodial property.--Any claim based on the following...

Section 5318 - Renunciation, resignation, death or removal of custodian - (a) Renunciation.--A person nominated under section 5303 (relating to nomination...

Section 5319 - Accounting by and determination of liability of custodian. - (a) Petition.--A minor who has attained 14 years of age,...

Section 5320 - Termination of custodianship - The custodian shall transfer in an appropriate manner the custodial...

Section 5321 - Delay in transfer of custodial property after minor attains age 21 - (a) General rule.--Subject to the requirements and limitations of this...

Chapter 54 - Health Care

Extra - Chapter Notes - Enactment. Chapter 54 was added November 29, 2006, P.L.1484, No.169,...

Section 5421 - Applicability - (a) General rule.--This chapter applies to advance health care directives...

Section 5422 - Definitions - The following words and phrases when used in this chapter...

Section 5423 - Legislative findings and intent - (a) Intent.--This chapter provides a statutory means for competent adults...

Section 5424 - Compliance - (a) Notification by attending physician or health care provider.--If an...

Section 5425 - Conflicting advance health care directives - If a provision of an advance health care directive conflicts...

Section 5426 - Death not suicide or homicide - The withholding or withdrawal of life-sustaining treatment from a principal...

Section 5427 - Life insurance - The making of or failure to make an advance health...

Section 5428 - Health care instruments optional - A health care provider, a health care service plan, a...

Section 5429 - Pregnancy - (a) Living wills and health care decisions.--Notwithstanding the existence of...

Section 5430 - Effect of divorce - (a) General rule.--If the spouse of a principal is designated...

Section 5431 - Liability - (a) General rule.--A health care provider or another person may...

Section 5432 - Criminal penalties - (a) Criminal homicide.--A person shall be subject to prosecution for...

Section 5433 - Forms - (a) Substance of forms.-- (1) An advance health care directive...

Section 5434 - Construction - Nothing in this chapter shall be construed as requiring a...

Section 5441 - Short title of subchapter - This subchapter shall be known and may be cited as...

Section 5442 - Execution - (a) Who may make.--An individual of sound mind may make...

Section 5443 - When living will operative - (a) When operative.--A living will becomes operative when: (1) a...

Section 5444 - Revocation - (a) When living will may be revoked.--A living will may...

Section 5445 - Emergency medical services - (a) General rule.--An emergency medical services provider shall, in the...

Section 5446 - Validity - (a) Living will executed prior to effective date of subchapter.--This...

Section 5447 - Form - A living will may be in any written form expressing...

Section 5451 - Short title of subchapter - This subchapter shall be known and may be cited as...

Section 5452 - Execution - (a) Who may make.--An individual of sound mind may make...

Section 5453 - Requirements and options - (a) General rule.--A health care power of attorney shall: (1)...

Section 5454 - When health care power of attorney operative - (a) When operative.--Unless otherwise specified in the health care power...

Section 5455 - Appointment of health care agents - (a) Multiple and successor health care agents.--A principal may appoint...

Section 5456 - Authority of health care agent - (a) Extent of authority.--Except as expressly provided otherwise in a...

Section 5457 - Countermand - (a) Competent principal.--A principal of sound mind may countermand any...

Section 5458 - Amendment - While of sound mind, a principal may amend a health...

Section 5459 - Revocation - (a) When health care power of attorney may be revoked.--While...

Section 5460 - Relation of health care agent to court-appointed guardian and other agents - (a) Accountability of health care agent.--If a principal who has...

Section 5461 - Decisions by health care representative - (a) General rule.--A health care representative may make a health...

Section 5462 - Duties of attending physician and health care provider - (a) Duty to certify end-stage medical condition.--Promptly after a determination...

Section 5463 - Effect on other State law - (a) Mental health.--This subchapter does not affect the requirements of...

Section 5464 - Validity - This subchapter does not limit the validity of a power...

Section 5465 - Form - A health care power of attorney may be in any...

Section 5471 - Example - The following is an example of a document that combines...

Section 5481 - Short title of subchapter - This subchapter shall be known and may be cited as...

Section 5482 - Legislative findings and intent - The General Assembly finds and declares as follows: (1) Although...

Section 5483 - Definitions - The following words and phrases when used in this subchapter...

Section 5484 - Orders, bracelets and necklaces - (a) Issuance.--An attending physician, upon the request of a patient...

Section 5485 - Revocation - (a) Patient.--If a patient has obtained an order, only the...

Section 5486 - Absence of order, bracelet or necklace - If an order has not been issued by an attending...

Section 5487 - Emergency medical services - (a) Medical command instructions.--Notwithstanding the absence of an order, bracelet...

Section 5488 - Advisory committee - (a) Establishment.--Within 60 days of the effective date of this...

Chapter 54A - Out-of-Hospital Nonresuscitation (Deleted by amendment) -

Chapter 55 - Incapacitated Persons

Extra - Chapter Notes - Enactment. Chapter 55 was added June 30, 1972, P.L.508, No.164,...

Section 5501 - Meaning of incapacitated person - "Incapacitated person" means an adult whose ability to receive and...

Section 5502 - Purpose of chapter - Recognizing that every individual has unique needs and differing abilities,...

Section 5505 - Provisions similar to small estates of minors - The provisions concerning small estates of incapacitated persons shall be...

Section 5511 - Petition and hearing; independent evaluation - (a) Resident.--The court, upon petition and hearing and upon the...

Section 5512 - County of appointment; qualifications - (a) Resident incapacitated person.--A guardian of the person or estate...

Section 5512.1 - Determination of incapacity and appointment of guardian - (a) Determination of incapacity.--In all cases, the court shall consider...

Section 5512.2 - Review hearing - (a) Time of hearing.--The court may set a date for...

Section 5512.3 - Annual report - The court shall annually file with the Supreme Court Administrator's...

Section 5513 - Emergency guardian - Notwithstanding the provisions of section 5511 (relating to petition and...

Section 5514 - To fill vacancy; co-guardian - The court, after such notice to parties in interest as...

Section 5515 - Provisions similar to other estates - The provisions relating to a guardian of an incapacitated person...

Section 5516 - Fiduciary estate - The court, in its discretion, upon the application of any...

Section 5517 - Adjudication of capacity and modification of existing orders - The court, after a hearing under section 5512.2 (relating to...

Section 5518 - Evidence of incapacity - To establish incapacity, the petitioner must present testimony, in person...

Section 5518.1 - Cross-examination of witnesses - Testimony as to the capacity of the alleged incapacitated person...

Section 5521 - Provisions concerning powers, duties and liabilities - (a) Duty of guardian of the person.--It shall be the...

Section 5522 - Power to lease - A guardian may lease any real or personal property of...

Section 5523 - Collateral attack - No decree entered pursuant to this chapter shall be subject...

Section 5524 - Effect of determination of incapacity - A partially incapacitated person shall be incapable of making any...

Section 5525 - Notice to Commonwealth and political subdivisions - When the Commonwealth or a political subdivision thereof has a...

Section 5531 - When accounting filed - A guardian shall file an account of his administration whenever...

Section 5532 - Where accounts filed - All accounts of guardians shall be filed in the office...

Section 5533 - Notice, audits, reviews and distribution - The provisions concerning accounts, audits, reviews, distribution and rights of...

Section 5533.1 - Account of personal representative of deceased incompetent (Repealed) - 1984 Repeal. Section 5533.1 was repealed October 12, 1984, P.L.929,...

Section 5534 - Recognition of claims - Upon the audit of the account of the guardian of...

Section 5535 - Disposition of trust income - Except as otherwise provided by the trust instrument, the trustee...

Section 5536 - Distributions of income and principal during incapacity - (a) In general.--All income received by a guardian of the...

Section 5537 - Reserve for funeral - (a) In general.--The court may authorize the guardian to retain...

Section 5551 - Guardianship support agencies; legislative intent - The General Assembly finds that there is a need for...

Section 5552 - Services to individuals whose decision-making ability is impaired. - Guardianship support agencies shall provide guardianship services under this chapter....

Section 5553 - Guardianship services - (a) In general.--The guardianship support agency shall be available to...

Section 5554 - Services to courts, guardians and others - (a) Services to courts.--Guardianship support agencies may be available to...

Section 5555 - Costs and compensation - Recipients of service shall be charged for services based on...

Chapter 56 - Powers of Attorney

Extra - Chapter Notes - Enactment. Present Chapter 56 was added February 18, 1982, P.L.45,...

Section 5601 - General provisions - (a) General rule.--In addition to all other powers that may...

Section 5601.1 - Powers of attorney presumed durable - Unless specifically provided otherwise in the power of attorney, all...

Section 5601.2 - Special rules for gifts (Repealed) - 2014 Repeal. Section 5601.2 was repealed July 2, 2014, P.L.855,...

Section 5601.3 - Agent's duties - (a) General rule.--Notwithstanding any provision in the power of attorney,...

Section 5601.4 - Authority that requires specific and general grant of authority - (a) General rule.--An agent under a power of attorney may...

Section 5602 - Form of power of attorney - (a) Specification of powers.--A principal may, by inclusion of the...

Section 5603 - Implementation of power of attorney - (a) Power to make limited gifts.--(Deleted by amendment). (a.1) Power...

Section 5604 - Durable powers of attorney - (a) Definition.--A durable power of attorney is a power of...

Section 5605 - Power of attorney not revoked until notice - (a) Death of principal.--The death of a principal who has...

Section 5606 - Proof of continuance of powers of attorney by affidavit. - As to acts undertaken in good faith reliance thereon, an...

Section 5607 - Corporate agent - A bank and trust company or a trust company authorized...

Section 5608 - Acceptance of and reliance upon power of attorney - (a) Third party liability.--(Deleted by amendment). (b) Third party immunity.--(Deleted...

Section 5608.1 - Liability for refusal to accept power of attorney - (a) Acceptance required.--Except as provided under subsections (b) and (d):...

Section 5608.2 - Activities through employees - For the purposes of sections 5608 (relating to acceptance of...

Section 5609 - Compensation and reimbursement for expenses - (a) Compensation.--In the absence of a specific provision to the...

Section 5610 - Account - An agent shall file an account of his administration whenever...

Section 5611 - Validity - A power of attorney executed in or under the laws...

Section 5612 - Principles of law and equity - Unless displaced by a provision of this chapter, the principles...

Section 5613 - Meaning and effect of power of attorney - The meaning and effect of a power of attorney is...

Section 5614 - Jurisdiction and venue - (a) County having venue.--Venue of any matter pertaining to the...

Chapter 57 - Absentees and Presumed Decedents

Extra - Chapter Notes - Enactment. Chapter 57 was added June 30, 1972, P.L.508, No.164,...

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Pennsylvania Consolidated & Unconsolidated Statutes Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES

Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES