20 Pa.C.S. § 3552 — PA Code / Title 20 / Chapter 35 / Section 3552
Discharge of portion of property from charges payable in the future.
Status: in_force

When a sum of money is charged upon real or personal property by will, inter vivos trust or decree, and is payable at a future date, the court having jurisdiction of the estate or trust, upon petition of a party in interest and after such notice as it shall direct, aided by the report of a master if necessary, or at the audit of any accounting, may enter a decree not contrary to any expressed provision in the will or trust instrument, exonerating and discharging such portion of the real and personal property charged as to it may seem beyond the amount requisite for providing a sufficient continuing security for the payment of the charge, or may direct that excess income be accumulated for the further protection of the charge, or be distributed to the persons entitled thereto. When an annuity is not restricted by the will or trust instrument to the income of the property charged with its payment, the court may authorize the payment of the annuity from the principal of the property set apart to secure its payment, should income at any time prove insufficient.
20 Pa.C.S. § 8102 — PA Code / Title 20 / Chapter 81 / Section 8102
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accounting period." A calendar year unless another 12-month period is selected by a fiduciary. The term includes a portion of a calendar year or other 12-month period which begins when an income interest begins or ends when an income interest ends.

"Beneficiary." Includes:

(1) in the case of a decedent's estate, any heir, legatee and devisee; and

(2) in the case of a trust, an income beneficiary and a remainder beneficiary.

"Fiduciary." A personal representative or a trustee.

"Income." Money or property which a fiduciary receives as current return from a principal asset. The term includes a portion of receipts from a sale, exchange or liquidation of a principal asset to the extent provided in Subchapter D (relating to allocation of receipts during administration of trust).

"Income beneficiary." A person to whom or which net income of a trust is or may be payable.

"Income interest." The right of an income beneficiary to receive all or part of net income, whether the governing instrument requires it to be distributed or authorizes it to be distributed in the trustee's discretion.

"Mandatory income interest." The right of an income beneficiary to receive net income which the governing instrument requires the fiduciary to distribute.

"Net income." The:

(1) total receipts allocated to income during an accounting period; minus

(2) disbursements made from income during the period; plus or minus

(3) transfers under this chapter to or from income during the period.

"Person." Any individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or other legal or commercial entity.

"Principal." Property held in trust for distribution to a remainder beneficiary when the trust terminates or property held in trust in perpetuity.

"Remainder beneficiary." A person entitled to receive principal when an income interest ends.

"Sui juris beneficiary." Includes:

(1) a court-appointed guardian of an incapacitated beneficiary;

(2) an agent for an incompetent beneficiary; and

(3) a court-appointed guardian of a minor beneficiary's estate.

"Trust." Includes a legal life estate arrangement.

"Trustee." Includes an original, additional or successor trustee whether or not appointed or confirmed by a court. (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 amended the defs. of "principal" and

"sui juris beneficiary."
20 Pa.C.S. § 7202 — PA Code / Title 20 / Chapter 72 / Section 7202
Default rule.
Status: in_force

(a) General rule.--Except as otherwise provided by the governing instrument, a fiduciary shall invest and manage property held in a trust in accordance with the provisions of this chapter.

(b) Exception.--Where the instrument establishing a trust contains a restriction on the fiduciary's power of investment and the court having jurisdiction over the trust finds that adherence to the restriction is impractical or that the existing or reasonably foreseeable economic conditions are so far different from those prevailing at the creation of the trust that adherence to the restriction might deprive the respective beneficiaries of income and principal of the full benefits the testator or settlor intended them to enjoy, the court may release the fiduciary from the restriction to the extent and on conditions, if any, as the court may deem appropriate.

(c) Court direction.--A fiduciary appointed by the court and not acting under a trust instrument, in addition to or in place of the investments authorized by this chapter, may make, and retain without liability for resulting loss, investments as the court, upon petition of the fiduciary or of any party in interest, after notice as it shall direct, aided by the report of a master if necessary, shall authorize or direct, subject only to the conditions and limitations as shall be fixed by the court in the decree authorizing or directing the investment.
20 Pa.C.S. § 5916 — PA Code / Title 20 / Chapter 59 / Section 5916
Appropriate forum.
Status: in_force

(a) Decline to exercise jurisdiction.--A court of this Commonwealth having jurisdiction under section 5913 (relating to jurisdiction) to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) Procedure.--If a court of this Commonwealth declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) Consideration.--In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1) any expressed preference of the respondent;

(2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;

(3) the length of time the respondent was physically present in or was a legal resident of this Commonwealth or another state;

(4) the distance of the respondent from the court in each state;

(5) the financial circumstances of the respondent's estate;

(6) the nature and location of the evidence;

(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) the familiarity of the court of each state with the facts and issues in the proceeding; and

(9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. Cross References. Section 5916 is referred to in sections 5913, 5917 of this title.
20 Pa.C.S. § 3911 — PA Code / Title 20 / Chapter 39 / Section 3911
Disclosure of digital assets held in trust when trustee is original user.
Status: in_force

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications. Cross References. Section 3911 is referred to in section 3916 of this title.
20 Pa.C.S. § 8623 — PA Code / Title 20 / Chapter 86 / Section 8623
Confidentiality requirement.
Status: in_force

(a) General rule.--Except as provided in subsection (b), no organ procurement organization, eye bank or tissue bank may divulge any individually identifiable information acquired in the course of performing the organization's or banks' responsibilities under this chapter except for the purposes of facilitating organ, eye or tissue donation and transplantation or as otherwise required under applicable laws.

(b) Donors and recipients.--An organ procurement organization, eye bank or tissue bank may communicate individually identifiable information of the donor and recipient if expressly authorized by:

(1) the recipient; and

(2) if the donor is alive, the donor, or, if the donor is deceased, the next of kin of the donor. (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Section 11(3) of Act 90 provided that the amendment of section 8623 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 5433 — PA Code / Title 20 / Chapter 54 / Section 5433
Forms.
Status: in_force

(a) Substance of forms.--

(1) An advance health care directive may be in the form provided under Subchapter D (relating to combined form) or in any other written form that contains the information required under Subchapters B (relating to living wills) and C (relating to health care agents and representatives).

(2) A Commonwealth agency that licenses health care providers or regulates health care may not prescribe a mandatory form of an advance health care directive.

(b) Combining forms.--A living will and health care power of attorney may be combined into one document.
20 Pa.C.S. § 3174 — PA Code / Title 20 / Chapter 31 / Section 3174
When not required.
Status: in_force

(a) Corporate personal representative.--No bond shall be required of:

(1) A bank and trust company or of a trust company incorporated in this Commonwealth.

(2) A national bank having its principal office in this Commonwealth.

(3) A foreign corporate fiduciary or a national bank having its principal office out of this Commonwealth, otherwise qualified to act if the laws of the state in which it is incorporated or in which the national bank is located provide a similar exemption for corporations existing under the laws of this Commonwealth.

(b) Individual personal representative.--Unless a bond is ordered by the court or is required by the will, if any, no bond shall be required of an individual personal representative who:

(1) Is named in the will as an original or successor personal representative and:

(i) is a resident of this Commonwealth;

(ii) has been excused from filing a bond by the express direction of the testator in his will; or

(iii) is not a resident of this Commonwealth but will serve with a resident co-personal representative of whom no bond is required if the petition for letters includes an averment that all assets will remain in the custody and control of the resident co-personal representative.

(2) Is not named in the will, if any, as an original or successor personal representative but is a resident of this Commonwealth and is either the sole residuary legatee or next of kin or is the nominee of all residuary legatees or next of kin who are adult and sui juris. (July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days)
20 Pa.C.S. § 5904 — PA Code / Title 20 / Chapter 59 / Section 5904
Communication between courts.
Status: in_force

(a) Authorization.--A court of this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.

(b) Exception.--Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
20 Pa.C.S. § 5918 — PA Code / Title 20 / Chapter 59 / Section 5918
Notice of proceeding.
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this Commonwealth and this Commonwealth was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this Commonwealth, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this Commonwealth.
20 Pa.C.S. § 5311 — PA Code / Title 20 / Chapter 53 / Section 5311
Validity and effect of transfer.
Status: in_force

(a) Validity of transfer.--The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(1) failure of the transferor to comply with section 5309(c) (relating to manner of creating custodial property and effecting transfer) concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 5309(a); or

(3) death or incapacity of a person nominated under section 5303 (relating to nomination of custodian) or designated under section 5309 as custodian or the disclaimer of the office by that person.

(b) Irrevocability of transfer.--A transfer made pursuant to section 5309 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.

(c) Incorporation of provisions of this chapter.--By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian and to any third person dealing with a person designated as custodian the respective powers, rights and immunities provided in this chapter.
20 Pa.C.S. § 3384.1 — PA Code / Title 20 / Chapter 33 / Section 3384.1
Notice after settlor of revocable trust has died.
Status: in_force

No later than 30 days after the date on which the trustee of a revocable trust learns that a personal representative has been appointed for the deceased settlor's estate, the trustee shall send to the settlor's personal representative the notice

described in section 7780.3(i) (relating to duty to inform and report). (July 7, 2006, P.L.625, No.98, eff. 120 days) 2006 Amendment. Act 98 added section 3384.1.
20 Pa.C.S. § 6410 — PA Code / Title 20 / Chapter 64 / Section 6410
Terms, conditions and forms for registration.
Status: in_force

(a) Terms and conditions.--A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for

cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS," standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

(b) Forms.--The following are illustrations of registrations in beneficiary form which a registering entity may authorize:

(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr., or John S. Brown TOD to Sally Smith, trustee under my trust (under will or deed) dated.

(2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.

(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS.
20 Pa.C.S. § 5512 — PA Code / Title 20 / Chapter 55 / Section 5512
County of appointment; qualifications.
Status: in_force

(a) Resident incapacitated person.--A guardian of the person or estate of an incapacitated person may be appointed by the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility.

(b) Nonresident incapacitated person.--A guardian of the estate within the Commonwealth of an incapacitated person domiciled outside of the Commonwealth may be appointed by the

court of the judicial district having jurisdiction of a decedent's estate or of a trust in which the incapacitated person has an interest. When the nonresident incapacitated person's estate is derived otherwise than from a decedent's estate or a trust within the Commonwealth, a guardian may be appointed by the court of any county where an asset of the incapacitated person is located.

(c) Exclusiveness of appointment.--When a court has appointed a guardian of the person or estate of an incapacitated person pursuant to subsection (a) or (b), no other court shall appoint a similar guardian for the incapacitated person within the Commonwealth. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 7780.5 — PA Code / Title 20 / Chapter 77 / Section 7780.5
Powers of trustees - UTC 815.
Status: in_force

(a) Exercise of power.--Except as otherwise provided in the terms of the trust or in other provisions of this title, a trustee has all the powers over the trust property that an unmarried competent owner has over individually owned property and may exercise those powers without court approval from the time of creation of the trust until final distribution of the assets of the trust.

(b) (Reserved). (July 15, 2024, P.L.786, No.64, eff. 90 days)

2024 Amendment. Act 64 amended subsec. (a). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7780.5 is referred to in sections 7780.6, 7790.2 of this title.
20 Pa.C.S. § 7764 — PA Code / Title 20 / Chapter 77 / Section 7764
Vacancy in trusteeship; appointment of successor - UTC 704.
Status: in_force

(a) When vacancy occurs.--A vacancy in a trusteeship occurs if:

(1) a person designated as trustee rejects the trusteeship;

(2) a person designated as trustee cannot be identified or does not exist;

(3) a trustee resigns;

(4) a trustee is disqualified or removed;

(5) a trustee dies; or

(6) a trustee is determined by the court to be incapacitated pursuant to section 5511 (relating to petition and hearing; independent evaluation).

(b) Filling of vacancy.--A vacancy in a trusteeship need not be filled if one or more cotrustees remain in office and the terms of the trust do not require that it be filled. A vacancy shall be filled if the trust has no remaining trustee.

(c) Filling vacancy for noncharitable trust.--A vacancy in a trusteeship of a noncharitable trust that is required to be filled shall be filled in the following order of priority:

(1) by a person designated in or pursuant to the terms of the trust to act as successor trustee;

(2) by a person appointed by unanimous written agreement of the qualified beneficiaries; or

(3) by a person appointed by the court.

(d) Filling vacancy for charitable trust.--A vacancy in a trusteeship of a charitable trust that is required to be filled shall be filled in the following order of priority:

(1) by a person designated in or pursuant to the terms of the trust to act as successor trustee;

(2) by a person selected by unanimous written agreement of the qualified beneficiaries if the Office of Attorney General concurs in the selection; or

(3) by a person appointed by the court.

(e) Appointment by court.--Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary if the court considers the appointment desirable for the administration of the trust.

(f) Filing appointment.--An appointment of a trustee and an acceptance of an appointment of a trustee may be filed with the clerk of court having jurisdiction over the trust. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (b), (c)(1) and

(d)(1). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7764 is referred to in sections 7708, 7780.27 of this title.
20 Pa.C.S. § 7775 — PA Code / Title 20 / Chapter 77 / Section 7775
Costs of administration - UTC 805.
Status: in_force

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust and the skills of the trustee.
20 Pa.C.S. § 8601 — PA Code / Title 20 / Chapter 86 / Section 8601
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Acute care general hospital." Any hospital which has an emergency room facility.

"Adult." An individual who is at least 18 years of age.

"Advance health care directive." As defined in section 5422 (relating to definitions).

"Advisory committee." The Organ and Tissue Donation Advisory Committee established under section 8622 (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).

"Agent." Any of the following:

(1) A health care agent authorized to make health care decisions on a principal's behalf under Subchapter C of
20 Pa.C.S. § 7302 — PA Code / Title 20 / Chapter 73 / Section 7302
Authorized investments; in general.
Status: in_force

(a) Specifically authorized.--Subject only to the provisions of the governing instrument, if any, a fiduciary may accept, hold, invest in, and retain, any of the investments authorized by this chapter, and shall not be liable for loss on such investments so long as he exercises due care and prudence in the performance of his duties in regard to them. "Legal investment" or "authorized investment" or words of similar import used in a trust instrument shall be construed to mean any investment authorized by this chapter.

(b) Prudent man rule.--Any investment shall be an authorized investment if purchased or retained in the exercise of that degree of judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income to be derived therefrom as well as the probable safety of their capital. The authorization to make and retain investments pursuant to this subsection shall be in addition to, and independent of, authorizations to make investments pursuant to other provisions of this chapter and requirements applicable under other provisions of this chapter shall not affect investments also authorized by this subsection. Cross References. Section 7302 is referred to in section 7315.1 of this title.
20 Pa.C.S. § 727 — PA Code / Title 20 / Chapter 7 / Section 727
Venue of cemetery companies.
Status: in_force

Except as otherwise provided in Title 9 (relating to burial grounds) or prescribed by general rules, in exercising the

jurisdiction of the court over the property or affairs of a domestic or foreign cemetery company in matters relating to burial grounds or to property held for the burial of the dead or for the care or adornment of burial grounds, the venue shall be in the county where the burial ground, or any part thereof is located or, in the absence of any involved burial grounds within this Commonwealth, in a county where any property held or controlled by the cemetery company is located. (Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Dec. 19, 1990, P.L.834, No.198, eff. imd.)
20 Pa.C.S. § 5152 — PA Code / Title 20 / Chapter 51 / Section 5152
Power to lease.
Status: in_force

A guardian appointed by the court may lease any real or personal property of the minor. Unless a longer term is approved by the court, the lease shall not extend beyond the date when the minor, if living, will attain his majority, nor for more than five years after the date it is executed.
20 Pa.C.S. § 3533 — PA Code / Title 20 / Chapter 35 / Section 3533
Award upon final confirmation of account.
Status: in_force

A personal representative shall be relieved of liability with respect to all real and personal estate distributed in conformity with a decree of court or in accordance with rule of court after confirmation of an account. In making any such distribution, the personal representative shall not be entitled

to demand refunding bonds from the distributees, except as provided by this title or as directed by the court. Cross References. Section 3533 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 3124 — PA Code / Title 20 / Chapter 31 / Section 3124
Income.
Status: in_force

When the family exemption does not exhaust the entire real and personal estate, the income of the estate shall be equitably prorated among the surviving spouse, child or children, parent or parents and the others taking the estate.
20 Pa.C.S. § 5826 — PA Code / Title 20 / Chapter 58 / Section 5826
Amendment.
Status: in_force

(a) Capacity to amend.--While having the capacity to make mental health decisions, a declarant may amend a declaration by a writing executed in accordance with the provisions of section 5822 (relating to execution).

(b) Determination of capacity.--During the period of involuntary treatment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a declarant may amend the declaration if the individual is found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, family physician, attending physician or mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.
20 Pa.C.S. § 5114 — PA Code / Title 20 / Chapter 51 / Section 5114
Service of process on nonresident guardian (Repealed).
Status: repealed

1978 Repeal. Section 5114 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 2501 — PA Code / Title 20 / Chapter 25 / Section 2501
Who may make a will.
Status: in_force

Any person 18 or more years of age who is of sound mind may make a will. (Dec. 6, 1972, P.L.1461, No.331; Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.)
20 Pa.C.S. § 8626.1 — PA Code / Title 20 / Chapter 86 / Section 8626.1
Notification by coroners and medical examiners to district attorneys.
Status: in_force

(a) Applicability.--This section shall apply in all cases when the coroner or medical examiner:

(1) must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect; and

(2) is not the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred.

(b) Procedure.--The coroner or medical examiner specified in subsection (a)(2) shall notify the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred. After receiving the notification, the coroner or medical examiner shall notify or cause to be notified the district attorney of the county in which the cause precipitating the death of the individual is believed to have occurred. (Oct. 23, 2018, P.L.594, No.90, eff. imd.) 2018 Amendment. Act 90 added section 8626.1.
20 Pa.C.S. § 8807 — PA Code / Title 20 / Chapter 88 / Section 8807
Reversions and vested remainders.
Status: in_force

Property in which the slayer or elder abuser holds a reversion or vested remainder and would have obtained the right of present possession upon the death of the decedent or victim shall pass to the estate of the decedent or victim during the

period of the life expectancy of the decedent or victim; if he held the particular estate or if the particular estate is held by a third person it shall remain in his hands for such period. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 8612 — PA Code / Title 20 / Chapter 86 / Section 8612
Persons who may become donees; purposes for which anatomical gifts may be made.
Status: in_force

(a) Donees.--An anatomical gift may be made to any of the following persons named in the document of gift:

(1) If for research or education, any of the following:

(i) A hospital.

(ii) An accredited medical school, dental school, college or university.

(iii) The board.

(iv) An organ procurement organization.

(v) Any other appropriate person as permitted by law.

(2) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

(3) An eye bank or a tissue bank.

(4) An organ procurement organization.

(b) Directed donation.--If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part shall pass in accordance with subsection (c) if authorized by the person making the anatomical gift.

(c) Organ for transplant or therapy.--An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization.

(d) Default.--If the intended purpose or recipient of an anatomical gift is not known, the following shall apply:

(1) If the part is an eye, the gift shall pass to the appropriate eye bank.

(2) If the part is tissue, the gift shall pass to the appropriate tissue bank.

(3) If the part is an organ, the gift shall pass to the appropriate organ procurement organization.

(4) If the gift is of the decedent's entire body, the gift shall pass to the board.

(e) Multiple purposes.--If there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable and enumerated in the document of gift, and shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may be used for other lawful purposes enumerated in the document of gift.

(f) Unspecified purpose.--If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (d).

(Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Section 11(3) of Act 90 provided that the amendment of section 8612 shall take effect upon publication of the notice under section 8629. Cross References. Section 8612 is referred to in sections 8611, 8617 of this title.
20 Pa.C.S. § 765 — PA Code / Title 20 / Chapter 7 / Section 765
Service of citation.
Status: in_force

A citation to obtain jurisdiction of a person may be served by an adult person, or by the sheriff of the county wherein the citation issued, or by deputization of the sheriff of the county where the service may be had in any county of the Commonwealth, in the same manner as a writ of summons in an action of assumpsit. When no other time is specially fixed by the orphans' court division, the order awarding the citation shall be void unless the citation is issued within six months.
20 Pa.C.S. § 5601.1 — PA Code / Title 20 / Chapter 56 / Section 5601.1
Powers of attorney presumed durable.
Status: in_force

Unless specifically provided otherwise in the power of attorney, all powers of attorney shall be durable as provided in section 5604 (durable powers of attorney). (Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendment. Act 152 added section 5601.1.
20 Pa.C.S. § 7740.2 — PA Code / Title 20 / Chapter 77 / Section 7740.2
Modification or termination of noncharitable irrevocable trust by court - UTC 412.
Status: in_force

(a) Unanticipated circumstances.--The court may modify the administrative or dispositive provisions of a noncharitable irrevocable trust, make an allowance from the principal of the trust or terminate the trust if, because of circumstances that apparently were not anticipated by the settlor, modification, allowance or termination will further the purposes of the trust. To the extent practicable, the modification or allowance shall approximate the settlor's probable intention.

(b) Inability to administer effectively.--The court may modify the administrative provisions of a noncharitable irrevocable trust if adherence to the existing provisions would be impracticable or wasteful or impair the trust's administration.

(c) Distribution of property.--Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. Cross References. Section 7740.2 is referred to in sections 7705, 7740 of this title.
20 Pa.C.S. § 7714 — PA Code / Title 20 / Chapter 77 / Section 7714
Venue - UTC 204.
Status: in_force

(a) General rule.--Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this Commonwealth in which the trust's situs is located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.

(b) Exceptions.--

(1) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in:

(i) any county in which a beneficiary resides;

(ii) any county in which trust property is located; or

(iii) if the trust is created by will, the county in which the decedent's estate was or is being administered.

(2) The venue of proceedings that are pending on the effective date of this section shall not be disturbed. Cross References. Section 7714 is referred to in sections 7705, 7708 of this title.
20 Pa.C.S. § 752 — PA Code / Title 20 / Chapter 7 / Section 752
Compensation.
Status: in_force

The compensation of any master, auditor, examiner, guardian ad litem, or trustee ad litem, subject to any inconsistent general rule shall be paid from such source as the court shall direct. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
20 Pa.C.S. § 3514 — PA Code / Title 20 / Chapter 35 / Section 3514
Confirmation of account and approval of proposed distribution.
Status: in_force

No account shall be confirmed, or statement of proposed distribution approved, until an adjudication or a decree of distribution is filed in conformity with local rules by the court or by the clerk of the court, expressly confirming the account or approving the statement of proposed distribution and specifying or indicating by reference to the statement of proposed distribution the names of the persons to whom the balance available for distribution is awarded and the amount or share awarded to each. Cross References. Section 3514 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 8615 — PA Code / Title 20 / Chapter 86 / Section 8615
Amendment or revocation of gift.
Status: in_force

(a) Document delivered to donee.--If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by any of the following:

(1) The execution and delivery to the donee of a signed statement.

(2) An oral statement made in the presence of two persons and communicated to the donee.

(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee.

(4) A signed card or document found on his person or in his effects.

(b) Document not delivered to donee.--Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation or mutilation of the document and all executed copies thereof.

(c) Gifts by will.--Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a). Cross References. Section 8615 is referred to in sections 8617, 8654, 8658 of this title.
20 Pa.C.S. § 8815 — PA Code / Title 20 / Chapter 88 / Section 8815
Broad construction; policy of State.
Status: in_force

This chapter shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this State that no person shall be allowed to profit by his own wrong, wherever committed.
20 Pa.C.S. § 7310.1 — PA Code / Title 20 / Chapter 73 / Section 7310.1
Further investment authority.
Status: in_force

Unless a contrary intent is clearly expressed in the instrument, the authority to invest in specified types of investments will include authorization to invest in the stock of any investment company as defined in this chapter, or in any common or collective trust fund established and maintained by a corporate fiduciary, or by any affiliate of a corporate fiduciary within the meaning of section 1504 of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 1504), or any successor provision, if the portfolio of the investment company or of the common or collective trust fund consists of such specified types of investments and is otherwise in conformity with the laws of the Commonwealth and of the United States. (July 14, 1988, P.L.553, No.99, eff. imd.)

1988 Amendment. Act 99 added section 7310.1.
20 Pa.C.S. § 5121 — PA Code / Title 20 / Chapter 51 / Section 5121
Necessity, form and amount.
Status: in_force

Except as hereinafter provided, every guardian of the estate of a minor shall execute and file a bond which shall be in the name of the Commonwealth, with sufficient surety, in such amount as the court considers necessary, having regard to the value of the personal estate which will come into the control of the guardian, and conditioned in the following form:

(1) When one guardian.--The condition of this obligation is, that if the said guardian shall well and truly administer the estate according to law, this obligation shall be void; but otherwise, it shall remain in force.

(2) When two or more guardians.--The condition of this obligation is, that if the said guardians or any of them shall well and truly administer the estate according to law, this obligation shall be void as to the guardian or guardians who shall so administer the estate; but otherwise, it shall remain in force. Cross References. Section 5121 is referred to in section 5515 of this title.
20 Pa.C.S. § 3502 — PA Code / Title 20 / Chapter 35 / Section 3502
Where filed.
Status: in_force

The account of the personal representative shall be filed in the office of the clerk. (Oct. 12, 1984, P.L.929, No.182, eff. imd.)
20 Pa.C.S. § 712 — PA Code / Title 20 / Chapter 7 / Section 712
Nonmandatory exercise of jurisdiction through orphans' court division.
Status: in_force

The jurisdiction of the court of common pleas over the following may be exercised through either its orphans' court division or other appropriate division:

(1) Title to real estate.--The determination of the persons to whom the title to real estate of a decedent or of the creator of an estate or trust has passed by devise or descent or by the terms of the trust instrument where jurisdiction of such estate or trust is exercised through the orphans' court division: Provided, That nothing herein shall be construed to restrict the provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general) relating to distribution of real estate in an estate or trust. If section 3546 (relating to determination of title to decedent's interest in real estate) applies, the procedures under that section shall govern. For other actions to quiet title to real estate, this section shall govern.

(2) Guardian of person.--The appointment, control and removal of the guardian of the person of any incapacitated person.

(3) Other matters.--The disposition of any case where there are substantial questions concerning matters enumerated in section 711 and also matters not enumerated in that section.

(4) Powers of attorney.--(Deleted by amendment). (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.77, No.37, eff.

60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 amended par. (1). 1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability. 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability. Cross References. Section 712 is referred to in section 711 of this title.
20 Pa.C.S. § 3512 — PA Code / Title 20 / Chapter 35 / Section 3512
Audits in counties having no separate orphans' court division.
Status: in_force

In any county having no separate orphans' court division, the account of a personal representative shall be confirmed by the court or by the clerk, as local rules shall prescribe, if no objections are presented within a time fixed by general rule of court. If any party in interest shall object to the account, or shall request its reference to an auditor, the court, in its discretion, may appoint an auditor. Cross References. Section 3512 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 8503 — PA Code / Title 20 / Chapter 85 / Section 8503
Joint tenants or tenants by the entirety.
Status: in_force

Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed, one-half as if one had survived, and one-half as if the other had survived. If there are more than two joint tenants, and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
20 Pa.C.S. § 3543 — PA Code / Title 20 / Chapter 35 / Section 3543
Income on distributive shares.
Status: in_force

(a) Pecuniary legacy.--A pecuniary legacy bequeathed in trust shall be entitled to income at the rate of 5% per annum from the death of the decedent until the payment of the legacy, and when not in trust from one year after the death of the decedent until the payment of the legacy.

(b) Specific legacy or devise.--A specific legatee or devisee shall be entitled to the net income from property given to him accrued from the date of the death of the decedent.

(c) Demonstrative legacy.--A demonstrative legacy shall be entitled to income from the death of the decedent until the payment of the legacy at the rate earned by the property out of which it is primarily payable, and to the extent that it is not paid from that source, at the rate of 5% per annum from one year after the death of the decedent until the payment of the legacy.

(d) Residuary legacy or devise.--All income from real and personal estate earned during the period of administration and not payable to others pursuant to the governing instrument or this section shall be distributed pro rata among the income beneficiaries of any trust created out of the residuary estate and the other persons entitled to the residuary estate.

(e) Future date.--A legacy payable at a future date, unless earlier set aside as a separate trust, shall not begin to bear income until three months after the date fixed for payment or delivery.

(f) Relationship.--Income shall be paid on distributive shares with no distinction because of the relationship of the distributee to the decedent.

(g) Testamentary provisions.--All rules set forth in this section are subject to the provisions of the decedent's will. (July 11, 1980, P.L.565, No.118, eff. imd.; July 7, 2006, P.L.625, No.98, eff. 60 days) Cross References. Section 3543 is referred to in sections 7799, 8121 of this title.
20 Pa.C.S. § 3703 — PA Code / Title 20 / Chapter 37 / Section 3703
Apportionment of Pennsylvania inheritance tax.
Status: in_force

The Pennsylvania inheritance tax shall be apportioned as provided in Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.)
20 Pa.C.S. § 7797 — PA Code / Title 20 / Chapter 77 / Section 7797
Filing accounts.
Status: in_force

(a) When to file.--A trustee shall file an account of his administration whenever directed to do so by the court and may file an account at any other time.

(b) Where to file.--All accounts of trustees shall be filed in the office of the clerk. Cross References. Section 7797 is referred to in section 7785.1 of this title.
20 Pa.C.S. § 5317 — PA Code / Title 20 / Chapter 53 / Section 5317
Liability to third persons.
Status: in_force

(a) Claim against custodial property.--Any claim based on the following may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable:

(1) A contract entered into by a custodian acting in a custodial capacity.

(2) An obligation arising from the ownership or control of custodial property.

(3) A tort committed during the custodianship.

(b) Limitation on custodian's liability.--A custodian is not personally liable:

(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) Limitation on minor's personal liability.--A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. Cross References. Section 5317 is referred to in section 5319 of this title.
20 Pa.C.S. § 7505 — PA Code / Title 20 / Chapter 75 / Section 7505
Joint powers and appointment of nondisqualified substituted trustees.
Status: in_force

If a governing instrument contains a power proscribed under section 7504 (relating to certain trustee powers not exercisable), the following shall apply:

(1) If the power is conferred on two or more trustees, it may be exercised by the trustee or trustees who are not so prohibited as if they were the only trustee or trustees.

(2) If there is no trustee in office who can exercise the power as provided in paragraph (1), the court, upon petition and hearing after such notice as it may direct, shall appoint a trustee who is not disqualified and whose term in office shall be as the court directs for the sole purpose of exercising the powers that the other trustees cannot exercise.
20 Pa.C.S. § 902 — PA Code / Title 20 / Chapter 9 / Section 902
Deputy register.
Status: in_force

Every register shall appoint a deputy or two deputies who shall have power to perform the duties of the office in his behalf and for whose conduct he and his surety shall be accountable. In case of a vacancy in the office of register, the first deputy shall exercise all the powers of the register until a successor is appointed or elected.
20 Pa.C.S. § 5803 — PA Code / Title 20 / Chapter 58 / Section 5803
Legislative findings and intent.
Status: in_force

(a) Intent.--This chapter provides a means for competent adults to control their mental health care either directly through instructions written in advance or indirectly through a mental health care agent.

(b) Presumption not created.--This chapter shall not be construed to create any presumption regarding the intent of an individual who has not executed a declaration or mental health care power of attorney to consent to the use or withholding of treatment.

(c) Findings in general.--The General Assembly finds that all capable adults have a qualified right to control decisions relating to their own mental health care.
20 Pa.C.S. § 6412 — PA Code / Title 20 / Chapter 64 / Section 6412
Construction of chapter.
Status: in_force

This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
20 Pa.C.S. § 5706 — PA Code / Title 20 / Chapter 57 / Section 5706
Persons presumed dead from September 11, 2001, terrorist attack.
Status: in_force

The requirements of sections 5703 (relating to distribution of property of absentee) and 5704 (relating to notice to absentee) shall not apply with respect to a person who is presumed dead as a result of the terrorist attacks on September 11, 2001. These terrorist attacks constitute specific perils within the meaning of section 5701(c) (relating to proof of death) which would justify a court to immediately determine that the presumed decedent died on September 11, 2001. (May 16, 2002, P.L.330, No.50, eff. imd.) 2002 Amendment. Act 50 added section 5706. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5551 — PA Code / Title 20 / Chapter 55 / Section 5551
Guardianship support agencies; legislative intent.
Status: in_force

The General Assembly finds that there is a need for agencies to provide services, as an alternative to guardianship, to individuals whose decision-making ability is impaired, to serve as guardian when an individual is found to need a guardian and no other person is willing and qualified to serve and to provide services to courts, guardians and others.
20 Pa.C.S. § 5601.2 — PA Code / Title 20 / Chapter 56 / Section 5601.2
Special rules for gifts (Repealed).
Status: repealed

Repeal. Section 5601.2 was repealed July 2, 2014, P.L.855, No.95, effective January 1, 2015.