20 Pa.C.S. § 5423 — PA Code / Title 20 / Chapter 54 / Section 5423
Legislative findings and intent.
Status: in_force

(a) Intent.--This chapter provides a statutory means for competent adults to control their health care through instructions written in advance or by health care agents or health care representatives and requested orders. Nothing in this chapter is intended to:

(1) affect or supersede the holdings of In re Fiori 543 Pa. 592, 673 A.2d 905 (1996);

(2) condone, authorize or approve mercy killing, euthanasia or aided suicide; or

(3) permit any affirmative or deliberate act or omission to end life other than as defined in this chapter.

(b) Presumption not created.--This chapter does not create any presumption regarding the intent of an individual who has not executed an advance health care directive to consent to the use or withholding of life-sustaining treatment in the event of an end-stage medical condition or in the event the individual is permanently unconscious.

(c) Findings in general.--The General Assembly finds that:

(1) Individuals have a qualified right to make decisions relating to their own health care.

(2) This right is subject to certain interests of society, such as the maintenance of ethical standards in the medical profession and the preservation and protection of human life.

(3) Modern medical technological procedures make possible the prolongation of human life beyond natural limits.

(4) The application of some procedures to an individual suffering a difficult and uncomfortable process of dying may cause loss of dignity and secure only continuation of a precarious and burdensome prolongation of life.

(5) It is in the best interest of individuals under the care of health care providers if health care providers initiate discussions with them regarding living wills and health care powers of attorney during initial consultations, annual examinations, at diagnosis of a chronic illness or when an individual under their care transfers from one health care setting to another so that the individuals under their care may make known their wishes to receive, continue, discontinue or refuse medical treatment in the event that they are diagnosed with an end-stage medical condition or become permanently unconscious.

(6) Health care providers should initiate such discussions, including discussion of out-of-hospital do-not-resuscitate orders, with individuals under their care at the time of determination of an end-stage medical condition and should document such discussion in the individual's medical record.
20 Pa.C.S. § 5146 — PA Code / Title 20 / Chapter 51 / Section 5146
Guardian named in conveyance.
Status: in_force

(a) In general.--The powers, duties and liabilities of a guardian not appointed by the court as to property of the minor to which his appointment lawfully extends shall be the same as the powers, duties and liabilities of a court appointed guardian, except as the instrument making the appointment shall provide otherwise.

(b) Substituted or succeeding guardian.--A substituted or succeeding guardian, except as otherwise provided by the instrument, if any, appointing the original guardian, in addition to the powers of a guardian appointed by the court, shall have all the powers, duties and liabilities of the original guardian. He shall have the power to recover the assets of the minor from his predecessor in administration or from the fiduciary of such predecessor and, except as otherwise provided in an applicable instrument, shall stand in the predecessor's stead for all purposes, except that he shall not be personally liable for the acts of his predecessor.

(c) Effect of removal, or of probate of later will or codicil.--No act of administration performed by a testamentary guardian in good faith shall be impeached by the subsequent revocation of the probate of the will from which he derives his authority, or by the subsequent probate of a later will or of a codicil, or by the subsequent dismissal of the guardian: Provided, That regardless of the good or bad faith of the testamentary guardian, no person who deals in good faith with a testamentary guardian shall be prejudiced by the subsequent occurrence of any of these contingencies. Cross References. Section 5146 is referred to in section 5521 of this title.
20 Pa.C.S. § 6302 — PA Code / Title 20 / Chapter 63 / Section 6302
Applicability of chapter.
Status: in_force

The provisions of this chapter are applicable solely to the determination of property rights among parties to multiple-party accounts and all claims made through them but do not apply to and do not affect financial institutions or their rights and liabilities with respect to multiple-party accounts, which shall be determined exclusively by applicable law other than this chapter. No right or claim against a financial institution may be based on this chapter. Nothing in this chapter shall affect

the taxability of transfers under the act of June 15, 1961 (P.L.373, No.207), known as the "Inheritance and Estate Tax Act of 1961." References in Text. The act of June 15, 1961 (P.L.373, No.207), known as the Inheritance and Estate Tax Act of 1961, referred to in this section, was repealed by the act of December 13, 1982 (P.L.1086, No.255). The subject matter is now contained in Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
20 Pa.C.S. § 901 — PA Code / Title 20 / Chapter 9 / Section 901
Register's jurisdiction.
Status: in_force

Within the county for which he has been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of letters to a personal representative, and any other matter as provided by law. Cross References. Section 901 is referred to in section 3908 of this title.
20 Pa.C.S. § 7790.3 — PA Code / Title 20 / Chapter 77 / Section 7790.3
Certification of trust - UTC 1013.
Status: in_force

(a) Contents of certification.--Instead of furnishing a copy of the trust instrument to a person other than a

beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(1) The trust's existence and the date the trust instrument was executed.

(2) The identity of the settlor.

(3) The identity and address of the currently acting trustee.

(4) The powers of the trustee.

(5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.

(6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee.

(7) The trust's taxpayer identification number.

(8) The manner of taking title to trust property.

(b) Authentication.--A certification of trust may be signed or otherwise authenticated by any trustee.

(c) Assurance of representations.--A certification of trust must state that the trust has not been revoked, modified or amended in a manner that would cause the representations contained in the certification of trust to be incorrect.

(d) Dispositive trust provisions.--A certification of trust need not contain the dispositive terms of the trust.

(e) Provisions to be made available upon request.--A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.

(f) Reliance on certification.--A person who acts in reliance upon a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(g) Enforcement.--A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(h) Liability.--A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

(i) Applicability.--This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (d) and (f). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7790.3 is referred to in sections 3912, 3913, 7705 of this title.
20 Pa.C.S. § 8150 — PA Code / Title 20 / Chapter 81 / Section 8150
Liquidating asset.
Status: in_force

(a) Allocation.--A trustee shall allocate to income 10% of the receipts from a liquidating asset and the balance to principal.

(b) Definition.--As used in this section, the term "liquidating asset" means an asset the value of which will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right and right to receive payments during a period of more than one year under an arrangement which does not provide for the payment of interest on the unpaid balance. The term does not include any of the following:

(1) A payment subject to section 8149 (relating to retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments).

(2) Resources subject to section 8151 (relating to minerals, water and other natural resources).

(3) Timber subject to section 8152 (relating to timber).

(4) An activity subject to section 8154 (relating to derivatives and options).

(5) An asset subject to section 8155 (relating to asset-backed securities).

(6) An asset for which the trustee establishes a reserve for depreciation under section 8163 (relating to discretionary allocation of disbursements). Cross References. Section 8150 is referred to in sections 8144, 8146, 8148, 8149 of this title.
20 Pa.C.S. § 8624 — PA Code / Title 20 / Chapter 86 / Section 8624
Prohibited activities.
Status: in_force

(a) Affiliates.--(Deleted by amendment).

(b) Unfair acts.--(Deleted by amendment).

(c) Organ procurement organizations, eye banks and tissue banks.--

(1) An organ procurement organization, an eye bank or a tissue bank shall not do any of the following:

(i) Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.

(ii) Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue bank.

(iii) Engage in unlawful competition or discrimination.

(2) This subsection is not intended to restrict or preclude an organ procurement organization from marketing or promoting the organ procurement organization's services in the normal course of business.

(d) Funeral establishments.--

(1) Except as set forth in paragraph (2), a funeral director or a funeral establishment shall not:

(i) remove body parts from a corpse;

(ii) permit others to remove body parts from a corpse; or

(iii) use funeral establishment facilities to remove body parts from a corpse.

(2) Paragraph (1) shall not apply as follows:

(i) Removal is permissible if it is:

(A) necessary to perform embalming or other services in preparation for burial or cremation; and

(B) authorized in writing by a family member, guardian or other person responsible for disposition of the body.

(ii) Notwithstanding any other provision of law, if a donation is authorized under this subchapter, a designated organ procurement organization and a Pennsylvania nonprofit eye bank accredited by the Eye Bank Association of America may recover donated ocular tissue, including the whole eye, cornea and sclera, and associated blood specimens at a funeral establishment.

(3) If a funeral director is notified by a person authorized to make donations under this subchapter that the person wishes to donate body parts from a corpse within the funeral director's custody, the funeral director shall immediately notify the organ procurement organization designated to serve that region. (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Section 11(3) of Act 90 provided that the amendment of section 8624 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 7308 — PA Code / Title 20 / Chapter 73 / Section 7308
Mortgages.
Status: in_force

One or more bonds or other obligations secured by one or more mortgages, or in connection with which the obligor gives one or more mortgages to indemnify the insurer of the obligation, shall be an authorized investment if:

(1) Insured by Federal Housing Administrator.--Insured by the Federal Housing Administrator pursuant to the National Housing Act of June 27, 1934 (48 Stat. 1246), and its amendments and supplements heretofore or hereafter enacted; or

(2) Guaranteed or insured under Federal Servicemen's Readjustment Act.--Guaranteed or insured under the Federal Servicemen's Readjustment Act of June 22, 1944 (58 Stat. 284), and its amendments and supplements heretofore or hereafter enacted: Provided, That at the date of acquisition the guaranty shall be in an amount not less than one-third of the sum invested, or, if an insured mortgage, the insurance shall be in an amount not less than 15% thereof; or

(3) Insured by the Farmers Home Administration, United States Department of Agriculture.--Insured by the Farmers Home Administration, United States Department of Agriculture, pursuant to the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 522), and its amendments and supplements heretofore or hereafter enacted, or pursuant to the act of August 28, 1937 (50 Stat. 869), and its amendments and supplements heretofore or hereafter enacted; or

(4) Other mortgages.--At the date of the acquisition or of any extension of the mortgage it shall meet the following requirements:

(i) Contain an unconditional promise to pay the principal of and interest upon obligations which it secures.

(ii) Be a first lien upon improved real estate situated within the Commonwealth, including improved farm lands, prior to all other liens except the lien of taxes previously levied or assessed but not then payable and except taxes then due or payable or delinquent for the payment of which taxes provision is made in the mortgage settlement.

(iii) The unpaid principal amount of the obligations shall not exceed four-fifths of the fair value of the real estate as fixed by two persons familiar with real estate values in the vicinity who shall have actually inspected it and shall so certify in a written appraisement preserved among the records of the fiduciary.

(iv) The principal debt evidenced by the obligations shall be payable in not more than five years after the date of acquisition by the fiduciary, or be amortized within a period of not exceeding 30 years from the date of the acquisition in substantially equal payments at successive intervals of not more than one year each and in an amount sufficient to pay the principal debt and interest thereon within the term of the loan.

(v) All interest has been paid in full to the next preceding interest payment date. Nothing in this paragraph shall be construed to be a limitation upon the power of a fiduciary to accept a purchase money obligation in exchange for an asset of the estate or trust upon such terms and conditions and with such security as shall be reasonable under the circumstances. Cross References. Section 7308 is referred to in section 7309 of this title; section 7102 of Title 35 (Health and Safety).
20 Pa.C.S. § 2211 — PA Code / Title 20 / Chapter 22 / Section 2211
Determination of effect of election; enforcement.
Status: in_force

(a) Power of court of domicile.--After notice and hearing, the orphans' court division of the county of the decedent's domicile shall determine all matters concerning the spouse's election, including the interests and liabilities of the spouse and others in or with respect to all property, regardless of its situs, which is subject to the election or which must be disclaimed, released or conveyed by the spouse or charged against the elective share.

(b) Effect of election.--In exercising its powers under subsection (a), the court shall honor any provision in the decedent's will or other conveyance concerning interests of those other than his spouse in the event of an election. Subject to any such provision, the court shall be guided by the following rules but shall have the power to supplement or to depart from them if, in its opinion, a different determination of the rights of the spouse and others would more nearly carry out what would have been the particular decedent's intention had he known of the election:

(1) In general.--Property which otherwise would pass by intestacy shall first be applied toward satisfaction of the spouse's elective share. The balance of the elective share shall then be charged separately against each conveyance subject to the election, the passing of property by will to be treated as a conveyance for this purpose, but the spouse shall have no right to share in any particular item of property within each conveyance. After the value of the electing spouse's fractional interest in each conveyance at the time of distribution is determined, items of property within the conveyance may be allocated disproportionately at distribution values between the elective and nonelective shares in order to give maximum effect to the decedent's intention with respect to the disposition of particular items or kinds of property. Property in the nonelective share shall be distributed among the beneficiaries of each conveyance in accordance with the rules of abatement or by analogy thereto.

(2) Disclaimed interests contingent on survival.--If a surviving spouse has disclaimed an interest which would have terminated at the spouse's death or was contingent upon the spouse surviving the decedent, the interests of others shall be as they would have been if the spouse had predeceased the decedent.

(3) Other disclaimed interests.--Except as above provided, disclaimed interests shall pass to other beneficiaries of the conveyance according to section 2514

(relating to rules of interpretation), which may be applied by analogy to inter vivos conveyances or, where those provisions cannot be applied, by way of reversion to the personal representative of the decedent's estate.

(4) Windfalls.--If the election and disclaimers, releases and conveyances by a surviving spouse in connection therewith result in an increase in the value of the interest of a beneficiary, the court may require contributions from such a beneficiary, directly or by sequestering the disclaimed, released or conveyed interests, in relief of other beneficiaries, so that no beneficiary will receive more value than he would have received in the absence of the election.

(c) Enforcement.--The rights of the electing spouse may be enforced, as the court considers appropriate, by orders, decrees or judgments requiring the performance of specific acts by, or imposing personal liability on:

(1) any fiduciary, custodian or obligor to the extent that he is in possession of property subject to the spouse's election or its proceeds; or

(2) the original beneficial recipient of such property or the donee of that recipient, including successive donees, to the extent that each donee is in possession of such property or its proceeds. Any such order, decree or judgment of the orphans' court division of the county of the decedent's domicile under this section may be further enforced as necessary by suits in other courts. The liabilities as determined by the court may be enforced against fewer than all persons against whom relief could be sought but no person shall be subject to contribution in any greater amount than he would have been if full relief had been secured against all persons subject to contribution.

(d) Restraining orders.--The court on petition of a surviving spouse may restrain any person from making a payment or transfer of property which may be subject to the spouse's election, either before or after an election is made.

(e) Protection of fiduciaries, custodians and obligors.--Unless restrained by court decree, no fiduciary, custodian or obligor, other than the personal representative of the decedent's estate, shall be liable for making such payments or distributions of property subject to the spouse's election as would have been required by the terms of the conveyance or contract in the absence of an election.

(f) Transferees and lienholders for value.--No transferee of or holder of a lien against property subject to a spouse's election shall be liable to a surviving spouse if the transferee or lienholder has given a bona fide consideration, unless a certified copy of an order or decree of court providing to the contrary with respect to real property has been recorded in the office for the recording of deeds of the county where the real estate lies prior to the recording of the transfer or the entry of the lien of record. The recording of any such order or decree shall be indexed in the grantor's index under the name of the decedent. Cross References. Section 2211 is referred to in sections 2202, 2204, 5603 of this title.
20 Pa.C.S. § 5164 — PA Code / Title 20 / Chapter 51 / Section 5164
Distributions for support and education.
Status: in_force

All income received by a guardian of the estate of a minor, including, subject to the requirements of Federal law relating thereto, all funds received from the Department of Veterans' Affairs, Social Security Administration and other periodic retirement or disability payments under private or government plans, in the exercise of a reasonable discretion, may be expended in the care, maintenance and education of the minor without the necessity of court approval. The court, for cause shown and with only such notice as it considers appropriate in the circumstances, may authorize or direct the payment or application of any or all of the income or principal of the estate of a minor for the care, maintenance or education of the minor, his spouse or children, or for the reasonable funeral expenses of the minor's spouse, child or indigent parent. In proper cases, the court may order payment of amounts directly to the ward for his maintenance or for incidental expenses and may ratify payments made for these purposes. For purposes of this section, the term "income" means income as determined in accordance with the rules set forth in Chapter 81 (relating to principal and income), other than the power to adjust and the power to convert to a unitrust. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; May 16, 2002, P.L.330, No.50, eff. 60 days) 2002 Amendment. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5315 — PA Code / Title 20 / Chapter 53 / Section 5315
Expenses, compensation and bond of custodian.
Status: in_force

(a) Expenses.--A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

(b) Compensation.--Except for one who is a transferor under section 5304 (relating to transfer by gift or exercise of power of appointment), a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(c) Bond.--Except as provided in section 5318(f) (relating to renunciation, resignation, death or removal of custodian), a custodian need not give a bond.
20 Pa.C.S. § 5701 — PA Code / Title 20 / Chapter 57 / Section 5701
Proof of death.
Status: in_force

(a) Finding of death.--When a person domiciled in the Commonwealth disappears and is absent from his place of residence without being heard of after diligent inquiry, the court of the county where he last resided, aided by the report of a master if necessary, upon the petition of any party in interest, and, if a trustee has been appointed for the absentee, at any time during the trusteeship, may make a finding and decree that the absentee is dead and of the date of his death, provided the notice required by section 5704 (relating to notice to absentee) has been given to the absentee.

(b) Presumption from absence.--When the death of a person or the date thereof is in issue, his unexplained absence from his last known place of residence and the fact that he has been unheard of for seven years may be a sufficient ground for finding that he died seven years after he was last heard of.

(c) Exposure to specific peril.--The fact that an absentee was exposed to a specific peril of death may be sufficient ground for finding that he died less than seven years after he was last heard of.

(d) Competency of witnesses.--All persons shall be competent to testify concerning the death or disappearance of an absentee regardless of relationship by marriage to him or of interest in his estate.

(e) Distribution of estate or trust.--If the continued existence of an absentee would affect the distribution of an estate or trust, the court having jurisdiction of the estate or trust may, for purposes of distribution of that estate or trust, make a finding and decree of death, as provided in this section, regardless of where the absentee was domiciled or last resided. (July 9, 1976, P.L.551, No.135, eff. imd.) 1976 Amendment. Act 135 added subsec. (e).

Cross References. Section 5701 is referred to in sections 3540, 5706 of this title.
20 Pa.C.S. § 7603 — PA Code / Title 20 / Chapter 76 / Section 7603
Contract to exercise power.
Status: in_force

(a) Contract prohibited.--Unless the donor and donee are the same person, the donee of a power of appointment that is not presently exercisable may not contract to exercise the power.

(b) Actions for recovery.--A prohibited contract under subsection (a), if made, may not be the basis of an action for specific performance or damages, but the promisee can obtain restitution from the donee of the value given for the promise, unless the donee has exercised the power pursuant to the contract.

(c) No limitation on disclaimer or release.--This section does not limit the power of a donee to disclaim or release a power of appointment in whole or in part.
20 Pa.C.S. § 7503 — PA Code / Title 20 / Chapter 75 / Section 7503
Application of chapter.
Status: in_force

(a) General rule.--This chapter shall apply to:

(1) Any trust created under a governing instrument executed on or after March 21, 1999, unless the governing instrument expressly provides that this chapter does not apply.

(2) Any trust created under a governing instrument executed before March 21, 1999, unless all interested parties affirmatively elect on or before December 21, 2001, by a written declaration signed by or on behalf of each interested party and delivered to the trustee, not to be subject to the application of this chapter. In the case of a testamentary trust, the declarations shall be filed with the register in the county in which the will was admitted to probate.

(b) Exclusion.--This chapter shall not apply to:

(1) Any trust during the time that the trust is revocable or amendable by its settlor.

(2) A spouse of a decedent or settlor where the spouse is the trustee of a testamentary or inter vivos trust for which a marital deduction has been allowed.

(3) (Deleted by amendment).

(4) A trust under a governing instrument that by specific reference expressly rejects the application of this chapter.

(5) (Deleted by amendment). (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 amended subsec. (b). Cross References. Section 7503 is referred to in section 7502 of this title.
20 Pa.C.S. § 3134 — PA Code / Title 20 / Chapter 31 / Section 3134
Nuncupative wills (Repealed).
Status: repealed

1974 Repeal. Section 3134 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
20 Pa.C.S. § 7780.26 — PA Code / Title 20 / Chapter 77 / Section 7780.26
Jurisdiction over trust director - UDTA 15.
Status: in_force

(a) Effect of acceptance of appointment.--By accepting an appointment as a trust director, the trust director submits to personal jurisdiction of the courts of this Commonwealth regarding any matter related to a power or duty of the trust director.

(b) Other methods of obtaining jurisdiction.--This section does not preclude other methods of obtaining jurisdiction over a trust director.
20 Pa.C.S. § 5304 — PA Code / Title 20 / Chapter 53 / Section 5304
Transfer by gift or exercise of power of appointment.
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer). Cross References. Section 5304 is referred to in sections 5315, 5318, 5320, 5321 of this title.
20 Pa.C.S. § 3376 — PA Code / Title 20 / Chapter 33 / Section 3376
Limitations against debt due estate.
Status: in_force

Any statute of limitation which would bar any debt or liability owed the estate of a decedent within one year after the decedent's death shall be extended until the end of one year following the decedent's death. Failure or delay in taking out letters testamentary or of administration shall not affect the operation of any statute of limitations applicable to a debt or liability owed the estate of a decedent. (July 9, 1976, P.L.551, No.135, eff. imd.)
20 Pa.C.S. § 3511 — PA Code / Title 20 / Chapter 35 / Section 3511
Audits in counties having separate orphans' court division.
Status: in_force

In any county having a separate orphans' court division, the account of a personal representative shall be examined and audited by the court without expense to the parties, except when all parties in interest in a pending proceeding shall nominate an auditor whom the court may in its discretion appoint. Cross References. Section 3511 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 3534 — PA Code / Title 20 / Chapter 35 / Section 3534
Distribution in kind.
Status: in_force

The court, for cause shown, may order the estate to be distributed in kind to the parties in interest, including fiduciaries. In such case, when there are two or more distributees, distribution may be made of undivided interests in real or personal estate or the personal representative or a distributee may request the court to divide, partition and allot the property, or to direct the sale of the property. If such a request is made, the court, after such notice as it shall direct, shall fairly divide, partition and allot the property among the distributees in proportion to their respective interests, or the court may direct the personal representative to sell at a sale confined to the distributees, or at a private or public sale not so confined, any property which cannot be so divided, partitioned or allotted. Cross References. Section 3534 is referred to in sections 5163, 5533 of this title.
20 Pa.C.S. § 791 — PA Code / Title 20 / Chapter 7 / Section 791
Allowance and allocation (Repealed).
Status: repealed

1978 Repeal. Section 791 was repealed April 28, 1978, P.L.202, No.53, effective in one year.
20 Pa.C.S. § 7740.6 — PA Code / Title 20 / Chapter 77 / Section 7740.6
Modification to achieve settlor's tax objectives - UTC 416.
Status: in_force

The court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention in order to achieve the settlor's tax objectives. The court may provide that the modification have retroactive effect. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7740.6 is referred to in sections 7705, 7740 of this title.
20 Pa.C.S. § 911 — PA Code / Title 20 / Chapter 9 / Section 911
Attestation of certain applications and documents.
Status: in_force

Except as provided otherwise in section 3154 (relating to affidavit and oath), applications and documents submitted to the register for which attestation is required may be attested either by an affidavit or by a verified statement. In case of the latter alternative, the statement shall set forth that it is subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). (Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendment. Act 152 added section 911.
20 Pa.C.S. § 5833 — PA Code / Title 20 / Chapter 58 / Section 5833
Form.
Status: in_force

(a) Requirements.--A mental health power of attorney must do the following:

(1) Identify the principal and appoint the mental health care agent.

(2) Declare that the principal authorizes the mental health care agent to make mental health care decisions on behalf of the principal.

(b) Optional provisions.--A mental health power of attorney may:

(1) Describe any limitations that the principal imposes upon the authority of the mental health care agent.

(2) Indicate the intent of the principal regarding the initiation, continuation or refusal of mental health treatment.

(3) Nominate a guardian of the person of the principal as provided in Subchapter C of Chapter 55 (relating to appointment of guardian; bonds; removal and discharge).

(4) Contain other provisions as the principal may specify regarding the implementation of mental health care decisions and related actions by the mental health care agent.

(c) Written form.--A mental health power of attorney may be in the following form or any other written form identifying the principal, appointing a mental health care agent and declaring that the principal authorizes the mental health care agent to make mental health care decisions on behalf of the principal:

Mental Health Power of Attorney I, , having the capacity to make mental health decisions, authorize my designated health care agent to make certain decisions on my behalf regarding my mental health care. If I have not expressed a choice in this document, I authorize my agent to make the decision that my agent determines is the decision I would make if I were competent to do so. I understand that mental health care includes any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutic treatment. Electroconvulsive therapy may be administered only if I have specifically consented to it in this document. I will be the subject of laboratory trials or research only if specifically provided for in this document. Mental health care does not include psychosurgery or termination of parental rights. I understand that my incapacity will be determined by examination by a psychiatrist and one of the following: another psychiatrist, psychologist, family physician, attending physician or mental health treatment professional. Whenever possible, one of the decision makers shall be one of my treating professionals. A. Designation of agent. I hereby designate and appoint the following person as my agent to make mental health care decisions for me as authorized in this document: (Insert name of designated person) Signed: (My name, address, telephone number) (Witnesses' signatures) (Names, addresses, telephone numbers of witnesses) Agent's acceptance: I hereby accept designation as mental health care agent for (Insert name of declarant) Agent's signature: (Insert name, address, telephone number of designated person) B. Designation of alternative agent. In the event that my first agent is unavailable or unable to serve as my mental health care agent, I hereby designate and appoint the following individual as my alternative mental health care agent to make mental health care decisions for me as authorized in this document: (Insert name of designated person) Signed: (Witnesses' signatures) (Names, addresses, telephone numbers of witnesses) Alternative agent's acceptance: I hereby accept designation as alternative mental health care agent for (Insert name of declarant) Alternative agent's signature: . (Insert name, address, telephone number) C. When this power of attorney becomes effective. This power of attorney will become effective at the following designated time: ( ) When I am deemed incapable of making mental health care decisions. ( ) When the following condition is met: (List condition) D. Authority granted to my mental health care agent.

I hereby grant to my agent full power and authority to make mental health care decisions for me consistent with the instructions and limitations set forth in this power of attorney. If I have not expressed a choice in this power of attorney, I authorize my agent to make the decision that my agent determines is the decision I would make if I were competent to do so. E. Treatment preferences. 1. Choice of treatment facility. ( ) In the event that I require commitment to a psychiatric treatment facility, I would prefer to be admitted to the following facility: (Insert name and address of facility) ( ) In the event that I require commitment to a psychiatric treatment facility, I do not wish to be committed to the following facility: (Insert name and address of facility) I understand that my physician may have to place me in a facility that is not my preference. 2. Preferences regarding medications for psychiatric treatment. ( ) I consent to the medications that my agent agrees to after consultation with my treating physician and any other persons my agent considers appropriate. ( ) I consent to the medications that my agent agrees to, with the following exception or limitation: (List exception or limitation) This exception or limitation applies to generic, brand name and trade name equivalents. ( ) My agent is not authorized to consent to the use of any medications. 3. Preferences regarding electroconvulsive therapy (ECT). ( ) My agent is authorized to consent to the administration of electroconvulsive therapy. ( ) My agent is not authorized to consent to the administration of electroconvulsive therapy. 4. Preferences for experimental studies or drug trials. ( ) My agent is authorized to consent to my participation in experimental studies if, after consultation with my treating physician and any other individuals my agent deems appropriate, my agent believes that the potential benefits to me outweigh the possible risks to me. ( ) My agent is not authorized to consent to my participation in experimental studies. ( ) My agent is authorized to consent to my participation in drug trials if, after consultation with my treating physician and any other individuals my agent deems appropriate, my agent believes that the potential benefits to me outweigh the possible risks to me. ( ) My agent is not authorized to consent to my participation in drug trials. 5. Additional information and instructions. Examples of other information that may be included: Activities that help or worsen symptoms. Type of intervention preferred in the event of a crisis. Mental and physical health history. Dietary requirements. Religious preferences. Temporary custody of children. Family notification. Limitations on release or disclosure of mental health

records. Other matters of importance. F. Revocation. This power of attorney may be revoked in whole or in part at any time, either orally or in writing, as long as I have not been found to be incapable of making mental health decisions. My revocation will be effective upon communication to my attending physician or other mental health care provider, either by me or a witness to my revocation, of the intent to revoke. If I choose to revoke a particular instruction contained in this power of attorney in the manner specified, I understand that the other instructions contained in this power of attorney will remain effective until:

(1) I revoke this power of attorney in its entirety;

(2) I make a new mental health power of attorney; or

(3) two years after the date this document was executed. G. Termination. I understand that this power of attorney will automatically terminate two years from the date of execution unless I am deemed incapable of making mental health care decisions at the time the power of attorney would expire. H. Preference as to a court-appointed guardian. I understand that I may nominate a guardian of my person for consideration by the court if incapacity proceedings are commenced pursuant to 20 Pa.C.S. § 5511. I understand that the court will appoint a guardian in accordance with my most recent nomination except for good cause or disqualification. In the event a court decides to appoint a guardian, I desire the following person to be appointed: (Insert name, address, telephone number of designated person) ( ) The appointment of a guardian of my person will not give the guardian the power to revoke, suspend or terminate this power of attorney. ( ) Upon appointment of a guardian, I authorize the guardian to revoke, suspend or terminate this power of attorney. I am making this power of attorney on the (insert day) of (insert month), (insert year). My signature: (My name, address, telephone number) Witnesses' signatures: (Names, addresses, telephone numbers of witnesses) If the principal making this power of attorney is unable to sign it, another individual may sign on behalf of and at the direction of the principal. Signature of person signing on my behalf: (Name, address, telephone number)
20 Pa.C.S. § 3175 — PA Code / Title 20 / Chapter 31 / Section 3175
Requiring or changing amount of bond.
Status: in_force

(a) By the court.--The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond, or increase or decrease the amount of an existing bond, or require more or less security therefor.

(b) By the register.--

(1) If, after examining the inventory or inheritance tax return, the register determines that the register has required insufficient security, the register may direct the personal representative to post additional security.

(2) The personal representative shall post such additional security as the register may reasonably require.

(3) Subject to paragraph (4), in the event the personal representative fails or refuses to post the additional security, the register shall refer the matter to the court for appropriate enforcement.

(4) If the register requires additional security and the personal representative obtains a waiver from all parties in interest to the estate, the personal representative may elect to not post additional security, and the register shall be released and held harmless from any and all liability related to the personal representative's failure to post the security.

(5) A waiver under paragraph (4) must be signed on a form provided by the register subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and contain, at a minimum, all of the following information:

(i) The name and address of the beneficiary.

(ii) The name of the decedent.

(iii) The estate's file number.

(iv) The name and address of each personal representative.

(v) A list of distributions that have been made to beneficiaries to date.

(vi) The amount of additional security requested by the register.

(vii) An estimate by the administrator of the amount of time necessary to complete the administration of the estate from the date of the waiver.

(c) Construction.--Nothing in this section may be construed as creating any liability of a register or the register's surety to any person for the register's failure to require additional security under this section. (Oct. 24, 2018, P.L.722, No.113, eff. 60 days)
20 Pa.C.S. § 3351 — PA Code / Title 20 / Chapter 33 / Section 3351
Power to sell.
Status: in_force

Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, any personal property whether specifically bequeathed or not, and any real property not specifically devised, and with the joinder of the specific devisee real property specifically devised. When the personal representative has been required to give a bond, no proceeds of real estate, including proceeds arising by reason of involuntary conversion, shall be paid to him until the court has made an order excusing him from entering additional security or requiring additional security, and in the latter event, only after he has entered the additional security. (Dec. 10, 1974, P.L.867, No.293, eff. imd.)
20 Pa.C.S. § 5445 — PA Code / Title 20 / Chapter 54 / Section 5445
Emergency medical services.
Status: in_force

(a) General rule.--An emergency medical services provider shall, in the course of providing care to a principal, at all times comply with the instructions of an authorized medical command physician to withhold or discontinue cardiopulmonary resuscitation for a principal whose living will has become operative under section 5443(a) (relating to when living will operative).

(b) Applicability.--This section is applicable only in those instances where an out-of-hospital DNR order is not in effect under section 5484 (relating to orders, bracelets and necklaces).
20 Pa.C.S. § 7310 — PA Code / Title 20 / Chapter 73 / Section 7310
Stocks.
Status: in_force

(a) Preferred and common stock.--Preferred and common stock of any corporation organized under the laws of the United States or of any commonwealth or state thereof, or of the District of Columbia, 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. "Corporation" as used in this subsection shall include an investment company (as hereinafter defined), a voluntary association, a joint-stock association or company, a business trust, a Massachusetts trust, a common-law trust, and any other organization organized and existing for any lawful purpose and which, like a corporation, continues to exist notwithstanding changes in the personnel of its members or participants, and conducts its affairs through a committee, a board, or some other group acting in a representative capacity. "Investment company" as used in this subsection shall mean a corporation (as defined in this subsection) which is registered as an investment company under the Federal Investment Company Act of 1940, as from time to time amended, and which has no preferred stock, bonds, loans or any other outstanding securities having preference or priority as to assets or earnings over its common stock and which shall have net assets of not less than $10,000,000 at the date of purchase. "Common stock" as used in this subsection shall include the stock certificates, certificates of beneficial interests or trust participation certificates issued by any corporation or unincorporated association included under the definition of "corporation" in this subsection.

(b) Savings accounts insured by Federal savings and loan insurance corporation.--Savings accounts of any savings association incorporated under the laws of the Commonwealth, or of any Federal savings and loan association incorporated under the laws of the United States shall be an authorized investment if the withdrawal or repurchase value thereof is insured by the Federal savings and loan insurance corporation pursuant to the act of Congress of June 27, 1934 (48 Stat. 1255), and its supplements and amendments heretofore or hereafter enacted.
20 Pa.C.S. § 6202 — PA Code / Title 20 / Chapter 62 / Section 6202
Disclaimers by fiduciaries or agents.
Status: in_force

A disclaimer on behalf of a decedent, a minor or an incapacitated person may be made by his personal representative, the guardian of his estate or in the case of an incapacitated person who executed a power of attorney which confers the authority to disclaim upon his agent and which qualifies as a durable power of attorney under section 5604 (relating to durable powers of attorney) by such agent, if, in each case, the court having jurisdiction of the estate authorizes the disclaimer after finding that it is advisable and will not materially prejudice the rights of creditors, heirs or beneficiaries of the decedent, the minor or his creditors, or the incapacitated person or his creditors, as the case may be. A personal representative may make a disclaimer on behalf of his decedent without court authorization if the will of the decedent so authorizes him. (Feb. 18, 1982, P.L.45, No.26, eff. imd.; Oct. 12, 1984, P.L.929, No.182, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days) 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 6202 is referred to in section 5601.4 of this title.
20 Pa.C.S. § 8164 — PA Code / Title 20 / Chapter 81 / Section 8164
Transfers from income to principal for depreciation.
Status: in_force

(a) Transfers.--A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation. However, a trustee may not transfer any amount for depreciation:

(1) of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary;

(2) during the administration of a decedent's estate; or

(3) under this section if the trustee is accounting under section 8143 (relating to business and other activities conducted by trustee) for the business or activity in which the asset is used.

(b) Separate fund unnecessary for amount transferred.--An amount transferred to principal need not be held as a separate fund.

(c) Definition.--As used in this section, the term "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year.
20 Pa.C.S. § 6402 — PA Code / Title 20 / Chapter 64 / Section 6402
Registration in beneficiary form.
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form and not as tenants in common.
20 Pa.C.S. § 5154 — PA Code / Title 20 / Chapter 51 / Section 5154
Title of purchaser.
Status: in_force

If the guardian has given the bond, if any, required in accordance with this title, any sale, pledge, mortgage, or exchange by him, whether pursuant to a decree or to a power under this title, shall pass the full title of the minor therein, free of any right of his spouse, unless otherwise specified. Persons dealing with the guardian shall have no obligation to see to the proper application of the cash or other assets given in exchange for the property of the minor. Any sale or exchange by a guardian pursuant to a decree under section 5155 (relating to order of court) shall have the effect of a judicial sale as to the discharge of liens, but the court may decree a sale or exchange freed and discharged from the lien of any mortgage otherwise preserved from discharge by existing law, if the holder of such mortgage shall consent by writing filed in the proceeding. No such sale, mortgage, exchange, or conveyance shall be prejudiced by the subsequent dismissal of the guardian, nor shall any such sale, mortgage, exchange, or conveyance by a testamentary guardian be prejudiced by the terms of any will or codicil thereafter probated, if the person dealing with the guardian did so in good faith. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) Cross References. Section 5154 is referred to in section 5521 of this title.
20 Pa.C.S. § 904 — PA Code / Title 20 / Chapter 9 / Section 904
Witness fees.
Status: in_force

Witnesses appearing before the register in obedience to the register's subpoena shall be entitled to the same fees and mileage as are allowed by law to witnesses in the orphans' court division.
20 Pa.C.S. § 5553 — PA Code / Title 20 / Chapter 55 / Section 5553
Guardianship services.
Status: in_force

(a) In general.--The guardianship support agency shall be available to serve as guardian of the estate or of the person, or both, of an incapacitated person when no less restrictive alternative will meet the needs of the individual and when no other person is willing and qualified to become guardian. The agency itself may be appointed guardian and no individual need be specified by the court. If appointed, the guardianship support agency shall have all of the powers and duties of a corporate fiduciary and shall not be required to post bond.

(b) Powers and duties.--The guardianship support agency shall be treated the same as all other guardians in regard to appointment as guardian or successor or co-guardian, reporting, powers and duties, compensation and in all other respects. In addition to section 5521 (relating to provisions concerning powers, duties, and liabilities), a guardianship support agency shall have the power and duty to:

(1) Invest the principal and income of incapacitated persons for whom it is the guardian of the estate. For this purpose, it may pool the principal and income, but shall maintain an individual account for each incapacitated person reflecting the person's participation therein.

(2) Expend and, if necessary, advance costs necessary to administer guardianships for which it has been appointed guardian.

(3) Apply for letters or otherwise administer the estate of any incapacitated person for whom it has been appointed guardian who dies during the guardianship when no one else is willing and qualified to serve.
20 Pa.C.S. § 5305 — PA Code / Title 20 / Chapter 53 / Section 5305
Transfer authorized by will or trust.
Status: in_force

(a) General rule.--A personal representative or trustee may make an irrevocable transfer pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) Transfer to custodian.--If the testator or settlor has nominated a custodian under section 5303 (relating to nomination of custodian) to receive the custodial property, the transfer must be made to that person.

(c) Designation of custodian.--If the testator or settlor has not nominated a custodian under section 5303 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 5309(a). Cross References. Section 5305 is referred to in sections 5307, 5320, 5321 of this title.
20 Pa.C.S. § 5312 — PA Code / Title 20 / Chapter 53 / Section 5312
Care of custodial property.
Status: in_force

(a) Duties of custodian.--A custodian shall:

(1) Take control of custodial property.

(2) Register or record title to custodial property if appropriate.

(3) Collect, hold, manage, invest and reinvest custodial property.

(b) Standard of care.--In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

(c) Life insurance and endowment policies.--A custodian may invest in or pay premiums on life insurance or endowment policies on:

(1) the life of the minor only if the minor or the minor's estate is the sole beneficiary; or

(2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian is the irrevocable beneficiary.

(d) Segregation of custodial property.--A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property

consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered or held in an account designated in the name of the custodian, followed in substance by the words: "as a custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(e) Records.--A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained 14 years of age. Cross References. Section 5312 is referred to in section 5313 of this title.
20 Pa.C.S. § 8653 — PA Code / Title 20 / Chapter 86 / Section 8653
Definitions.
Status: in_force

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

"Minor." An individual under 18 years of age.

"Surrogate decision maker." An individual under section 8611(b)(1), (2), (3), (4), (5), (6), (7) or (8) (relating to persons who may execute anatomical gift).
20 Pa.C.S. § 8614 — PA Code / Title 20 / Chapter 86 / Section 8614
Delivery of document of gift.
Status: in_force

If the gift is made by the donor to a specified donee, the will, card or other document or an executed copy thereof may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document or an

executed copy thereof may be deposited in any hospital, bank or storage facility that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.
20 Pa.C.S. § 3304 — PA Code / Title 20 / Chapter 33 / Section 3304
Claims against personal representative.
Status: in_force

The appointment of a personal representative shall not operate as a discharge or bequest of any debt which he owes the decedent or of any claim which the decedent had against him, but any such debt or claim, if it survives, shall be included in the inventory.
20 Pa.C.S. § 5522 — PA Code / Title 20 / Chapter 55 / Section 5522
Power to lease.
Status: in_force

A guardian may lease any real or personal property of the incapacitated person for a term not exceeding five years after its execution. (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. § 7755 — PA Code / Title 20 / Chapter 77 / Section 7755
Claims and distribution after settlor's death.
Status: in_force

(a) Creditors' rights.--Creditors of the settlor of a revocable trust shall have the same rights against the trust assets determined immediately before the settlor's death as they have against the settlor's estate, but the assets of the settlor's estate shall be applied first toward satisfaction of the creditors' claims. This subsection shall not expose to creditors' claims trust assets for which other provisions of substantive law provide exemption from the claims of the settlor's creditors.

(b) Enforcement of claim against revocable trust.--A creditor may make a claim against a revocable trust by notifying the settlor's personal representative as provided in section 3384 (relating to notice of claim) or, if no personal representative has been appointed, by notifying the trustee according to the methods set forth in section 3384. A personal representative who receives notice shall within 20 days notify the trustee in writing and upon doing so shall have no liability under this section to the creditor.

(c) Trustee's duty to advertise.--

(1) A trustee of a revocable trust:

(i) May advertise at any time after the settlor's death.

(ii) Shall advertise if the first advertisement of the grant of letters by the settlor's personal representative does not occur within 90 days after the settlor's death.

(2) Advertisements by the trustee under this subsection shall be in the manner set forth in section 3162 (relating to advertisement of grant of letters), shall be done in the jurisdiction of the deceased settlor's domicile and shall include:

(i) The fact of the trust's existence.

(ii) The trustee's name and address.

(3) The personal representative of the settlor of a revocable trust shall send to the trustee copies of the proof of publication of the advertisement of the grant of letters.

(d) Liability of personal representative.--A personal representative who has received the notice required by section

7780.3(c) (relating to duty to inform and report) and does not notify the trustee of a revocable trust of a creditor's claim known to the personal representative within one year after the first complete advertisement of the grant of letters to the personal representative shall be liable to the creditor to the extent the creditor's interest is prejudiced thereby. A personal representative shall have no liability under this section to a creditor whose claim is not known to the personal representative within one year after the first complete advertisement of the grant of letters to the personal representative. The provisions of this section shall not affect the liability of the settlor's personal representative under other provisions of law.

(e) Liability to any creditor.--At the trustee's own risk and without the filing, audit or confirmation of the trustee's account, a trustee of a revocable trust who has either given the settlor's personal representative the notice required by section 7780.3(c) or given the notice required by subsection

(c) may distribute real or personal property of the revocable trust. That distribution shall be without liability to any creditor of the settlor unless the claim of that creditor is known to the trustee within 13 months after the first complete advertisement of the grant of letters to the personal representative or, if no personal representative has been appointed, within one year after the first complete advertisement under subsection (c).

(f) Rights of creditors against distributed property.--

(1) No creditor shall have any claim against personal property distributed by the trustee of a revocable trust at the trustee's own risk under subsection (e) unless the claim of the creditor is known to the trustee within 13 months after the first complete advertisement of the grant of letters to the personal representative or, if no personal representative has been appointed, within one year after the first complete advertisement of the trust under subsection

(c).

(2) No creditor shall have any claim against real property distributed by the trustee of a revocable trust at the trustee's own risk under subsection (e) unless the creditor, within one year after the settlor's death, files a written notice of claim with the clerk. The claim against real property shall expire at the end of five years after the settlor's death unless within that time the trustee files an account or the creditor files a petition to compel an accounting.

(g) Judicial principles.--In any proceeding by a creditor against a trustee or beneficiary of a revocable trust, the court shall apply principles analogous to:

(1) section 3387 (relating to claims not due; certain to become due);

(2) section 3388 (relating to claims not certain to become due);

(3) section 3392 (relating to classification and order of payment); and

(4) section 3393 (relating to notice to Commonwealth and political subdivisions). (Oct. 27, 2010, P.L.837, No.85, eff. 60 days) 2010 Amendment. Act 85 amended subsec. (c).
20 Pa.C.S. § 721 — PA Code / Title 20 / Chapter 7 / Section 721
Venue of decedents', minors' and incapacitated persons' estates.
Status: in_force

When a Pennsylvania court has jurisdiction of a decedent's, a minor's, or an incapacitated person's estate, except as otherwise provided by law, the venue for all purposes shall be as follows:

(1) Decedents' estates.--In the case of a decedent's estate, in the county where the letters are granted to the personal representative, and in the absence of such letters, then where the decedent had his last family or principal residence, and if the decedent had no domicile in the Commonwealth, then in any county where any of his property is located.

(2) Minors' and incapacitated persons' estates.--In the case of a guardian of a minor or incapacitated person appointed by the court, in the county whose court appointed the guardian. In the case of a guardian of a minor or incapacitated person not appointed by the court, or when there is a minor's or incapacitated person's estate but no guardian, in the county whose court at the time proceedings are first initiated would have jurisdiction to appoint a guardian of the estate. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; 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. § 3313 — PA Code / Title 20 / Chapter 33 / Section 3313
Liability insurance.
Status: in_force

The personal representative, at the expense of the estate, may protect himself, his employees and the beneficiaries by insurance from liability to third persons arising from the administration of the estate. Cross References. Section 3313 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 7780.20 — PA Code / Title 20 / Chapter 77 / Section 7780.20
Duty and liability of directed trustee - UDTA 9.
Status: in_force

(a) Duty to comply with power of direction.--Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction, and the directed trustee shall not be liable for that action.

(b) Exception for willful misconduct.--A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction to the extent that, by doing so, the directed trustee would engage in willful misconduct.

(c) When release from liability ineffective.--An exercise of a power of direction under which a trust director purports to release a trustee or another trust director from liability for breach of trust is ineffective:

(1) to the extent that it would relieve the trustee or the other trust director of liability for a breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries;

(2) if the release was induced by improper conduct of the trustee or the other trust director in procuring the release; or

(3) if, at the time of the release, the trust director that exercised the power did not know of the material facts relating to the breach.

(d) Petition for declaratory judgment.--A directed trustee that has reasonable doubt about its duty under this section may petition the court for a declaratory judgment.

(e) Additional duties and liabilities.--The terms of the trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities prescribed by this section. Cross References. Section 7780.20 is referred to in sections 7705, 7780.23 of this title.
20 Pa.C.S. § 8810 — PA Code / Title 20 / Chapter 88 / Section 8810
Powers of appointment.
Status: in_force

(a) Property appointed by will.--Property appointed by the will of the decedent or victim to or for the benefit of the slayer or elder abuser shall be distributed as if the slayer or elder abuser had predeceased the decedent or victim.

(b) Other property.--Property held either presently or in remainder by the slayer or elder abuser, subject to be divested by the exercise by the decedent or victim of a power of revocation or a general power of appointment shall pass to the estate of the decedent or victim, and property so held by the slayer or elder abuser, subject to be divested by the exercise by the decedent or victim of a power of appointment to a particular person or persons or to a class of persons, shall pass to such person or persons, or in equal shares to the members of such class of persons, exclusive of the slayer or elder abuser. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 8133 — PA Code / Title 20 / Chapter 81 / Section 8133
Apportionment when income interest ends.
Status: in_force

(a) End of mandatory income interest.--When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income which is not disposed of under the governing instrument unless the beneficiary has an unqualified power to revoke more than 5% of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal.

(b) Proration of final payment.--When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor or testator relating to income, gift, estate or other tax requirements.

(c) Definition.--As used in this section, the term "undistributed income" means net income received before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income which has been added or is required to be added to principal under the governing instrument.
20 Pa.C.S. § 3319 — PA Code / Title 20 / Chapter 33 / Section 3319
Power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations.
Status: in_force

(a) Power of attorney.--A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an attorney or agent under a power of attorney. Nothing in this subsection authorizes the delegation of any discretionary power.

(b) Delegation of power over subscription rights and fractional shares.--Where there is more than one personal representative, one or more may delegate to another the power to decide whether rights to subscribe to stock should be sold or should be exercised, and also the power to decide whether a fractional share of stock should be sold or should be rounded out to a whole share through the purchase of an additional fraction, and also the power to carry out any such decision. Any delegation may extend to all subscription rights and fractional shares from time to time received by the personal representatives on account of stock held by them, or may be limited to any extent specified in the delegation. No exercise of any delegated power shall be valid, unless:

(1) the stock on which the subscription rights or fractional shares are issued are listed or traded on the New York Stock Exchange or any other exchange approved by the Department of Banking; and

(2) the shares held by the personal representatives on which the subscription rights or fractional shares are issued constitute less than 5% of the total outstanding shares of the same class of the same corporation.

(c) Delegation authorized by governing instrument.--Nothing in this section precludes a delegation authorized by the governing instrument. (Oct. 12, 1999, P.L.422, No.39, eff. 60 days) 1999 Amendment. Act 39 amended subsec. (a). See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability. References in Text. The Department of Banking, referred to in subsec. (b)(1), was renamed the Department of Banking and Securities by the act of July 2, 2012 (P.L.814, No.86). Cross References. Section 3319 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 5444 — PA Code / Title 20 / Chapter 54 / Section 5444
Revocation.
Status: in_force

(a) When living will may be revoked.--A living will may be revoked at any time and in any manner by the principal regardless of the mental or physical condition of the principal.

(b) Effect of revocation.--A revocation is effective upon communication to the attending physician or other health care provider by the principal or a witness to the revocation.

(c) Medical record.--The attending physician or other health care provider shall make the revocation part of the medical record of the principal.
20 Pa.C.S. § 6404 — PA Code / Title 20 / Chapter 64 / Section 6404
Origination of registration in beneficiary form.
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary, which may include a trustee of a trust, to take the ownership at the death of the owner or the deaths of all multiple owners.
20 Pa.C.S. § 3159 — PA Code / Title 20 / Chapter 31 / Section 3159
Letters of administration D.B.N. or D.B.N.C.T.A.
Status: in_force

When an entire vacancy occurs in the office of personal representative before administration is completed, the register, in a case of intestacy, shall grant letters of administration de bonis non, and in the case of testacy, letters de bonis non cum testamento annexo, to the person or persons entitled thereto.
20 Pa.C.S. § 301 — PA Code / Title 20 / Chapter 3 / Section 301
Title to real and personal estate of a decedent.
Status: in_force

(a) Personal estate.--Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.

(b) Real estate.--Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court.
20 Pa.C.S. § 5835 — PA Code / Title 20 / Chapter 58 / Section 5835
Appointment of mental health care agents.
Status: in_force

(a) Successor mental health care agents.--A principal may appoint one or more successor agents who shall serve in the order named in the mental health power of attorney unless the principal expressly directs to the contrary.

(b) Who may not be appointed mental health care agent.--Unless related to the principal by blood, marriage or adoption, a principal may not appoint any of the following to be the mental health care agent:

(1) The principal's attending physician or other mental health care provider or an employee of the attending physician or other mental health care provider.

(2) An owner, operator or employee of a residential facility in which the principal receives care.
20 Pa.C.S. § 5515 — PA Code / Title 20 / Chapter 55 / Section 5515
Provisions similar to other estates.
Status: in_force

The provisions relating to a guardian of an incapacitated person and his surety shall be the same as are set forth in the following provisions of this title relating to a personal representative or a guardian of a minor and their sureties: Section 3182 (relating to grounds for removal). Section 3183 (relating to procedure for and effect of removal). Section 3184 (relating to discharge of personal representative and surety). Section 5115 (relating to appointment of guardian in conveyance). Section 5121 (relating to necessity, form and amount). Section 5122 (relating to when bond not required). Section 5123 (relating to requiring or changing amount of bond). (Dec. 10, 1974, P.L.867, No.293, eff. imd; Feb. 18, 1982, P.L.45, No.26, eff. imd.; 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. § 5525 — PA Code / Title 20 / Chapter 55 / Section 5525
Notice to Commonwealth and political subdivisions.
Status: in_force

When the Commonwealth or a political subdivision thereof has a claim for maintaining an incapacitated person in an institution, the guardian, within three months of his appointment, shall give notice thereof to the Department of Public Welfare or the proper officer of such political subdivision, as the case may be. (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. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
20 Pa.C.S. § 5843 — PA Code / Title 20 / Chapter 58 / Section 5843
Construction.
Status: in_force

(a) General rule.--Nothing in this subchapter shall be construed to:

(1) Affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness.

(2) Authorize a mental health care agent to consent to any mental health care prohibited by the laws of this Commonwealth.

(3) Affect the laws of this Commonwealth regarding any of the following:

(i) The standard of care of a mental health care provider required in the administration of mental health care or the clinical decision-making authority of the mental health care provider.

(ii) When consent is required for mental health care.

(iii) Informed consent for mental health care.

(4) Affect the ability to admit a person to a mental health facility under the voluntary and involuntary commitment provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(b) Disclosure.--

(1) The disclosure requirements of section 5836(e) (relating to authority of mental health care agent) shall supersede any provision in any other State statute or regulation that requires a principal to consent to disclosure or which otherwise conflicts with section 5836(e), including, but not limited to, the following:

(i) The act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act.

(ii) Section 111 of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(iii) The act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

(iv) Section 41 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.

(v) The act of November 29, 1990 (P.L.585, No.148), known as the Confidentiality of HIV-Related Information Act.

(2) The disclosure requirements under section 5836(e) shall not apply to the extent that the disclosure would be prohibited by Federal law and implementing regulations.

(c) Notice and acknowledgment requirements.--The notice and acknowledgment requirements of section 5601(c) and (d) (relating to general provisions) shall not apply to a power of attorney that provides exclusively for mental health care decision making.

(d) Legal remedies.--An interested party may file a petition seeking a determination that following the directions in the declaration or the mental health power of attorney may cause potential irreparable harm or death. In that event, the court may invalidate some or all of the provisions and issue orders appropriate to the circumstances authorizing treatment. The courts shall issue an order within 72 hours from the filing of the petition.
20 Pa.C.S. § 6204 — PA Code / Title 20 / Chapter 62 / Section 6204
Filing, delivery and recording.
Status: in_force

(a) Will or intestacy.--If the interest would have devolved to the disclaimant by will or by intestacy, the disclaimer shall be filed with the clerk of the orphans' court division of the county where the decedent died domiciled or, if the decedent was not domiciled in this Commonwealth, of the county where the property involved is located, and a copy of the disclaimer shall be delivered to any personal representative, trustee or other fiduciary in possession of the property.

(b) Inter vivos transfers.--If the interest would have devolved to the disclaimant by an inter vivos instrument, the disclaimer or a copy thereof shall be delivered to the trustee or other person having legal title to or possession of the property or interest disclaimed or who is entitled thereto by reason of the disclaimer.

(b.1) Third-party disclaimer.--If the interest would have devolved to the disclaimant by a third-party beneficiary contract (including life insurance and annuity policies and pension, profit-sharing and other employee benefit plans), the disclaimer or copy thereof shall be delivered to the insurance company, employer or other obligor, as the case may be, and to the person who is entitled to the interest by reason of the disclaimer.

(c) Powers of appointment.--If the interest would have devolved to the disclaimant by reason of the exercise of a power of appointment, the disclaimer or a copy thereof shall be filed or delivered as required by the above provisions if the donor of the power is regarded as the donor of the interest or if the person who exercised the power is regarded as the donor of the interest.

(d) Real estate.--If an interest in real property is disclaimed, a copy of the disclaimer may be recorded in the office for the recording of deeds of the county where the real estate is situated and it shall not be effective as to a bona fide grantee or holder of a lien against the property who has given value therefor before the disclaimer is so recorded. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 added subsec. (b.1). Cross References. Section 6204 is referred to in section 6103.1 of this title.
20 Pa.C.S. § 5421 — PA Code / Title 20 / Chapter 54 / Section 5421
Applicability.
Status: in_force

(a) General rule.--This chapter applies to advance health care directives and out-of-hospital nonresuscitation orders.

(b) Preservation of existing rights.--The provisions of this chapter shall not impair or supersede any existing rights or responsibilities not addressed in this chapter.
20 Pa.C.S. § 7786 — PA Code / Title 20 / Chapter 77 / Section 7786
Reliance on trust instrument - UTC 1006.
Status: in_force

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 6205 — PA Code / Title 20 / Chapter 62 / Section 6205
Effect of disclaimer.
Status: in_force

(a) In general.--A disclaimer relates back for all purposes to the date of the death of the decedent or the effective date of the inter vivos transfer or third-party beneficiary contract as the case may be. The disclaimer shall not in any way diminish the interest of any person other than the disclaimant in such person's own right under the instrument creating the disclaimed interest or under the intestate laws nor diminish any interest to which such person becomes entitled under subsection (b) by reason of the disclaimer.

(b) Rights of other parties.--Unless a testator or donor has provided for another disposition, the disclaimer shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant's having died before the decedent in the case of a devolution by will or intestacy or before the effective date of an inter vivos transfer, or third-party beneficiary contract, except that, when applying section 2104(1) (relating to rules of succession) or analogous provisions of a governing instrument, the fact that the disclaimant actually survived shall be recognized in determining whether other parties take equally or by representation, and except that if, as a result of a disclaimer, property passes to a fund in which the disclaimant has an interest or power which he has not disclaimed, the disclaimant shall retain his interest or power in the fund as augmented by the disclaimed property.

(c) Powers of appointment.--In applying this section to an interest that would have devolved by reason of the exercise of a power of appointment, the person exercising the power shall be regarded as the decedent or transferor, as the case may be.

(d) Rights of creditors of disclaimant.--Nothing in this section shall determine the effect of a disclaimer upon the rights of creditors of the disclaimant. (Oct. 12, 1984, P.L.929, No.182, eff. imd.; May 16, 2002, P.L.330, No.50, eff. 60 days) 2002 Amendment. Act 50 amended subsec. (a) and added subsec.

(d). See section 14(b)(3) of Act 50 in the appendix to this title for special provisions relating to applicability. 1984 Amendment. Act 182 amended subsecs. (a) and (b).
20 Pa.C.S. § 5115 — PA Code / Title 20 / Chapter 51 / Section 5115
Appointment of guardian in conveyance.
Status: in_force

Any person, who makes a deed or gift inter vivos or exercises a right under an insurance or annuity policy to designate the beneficiary to receive the proceeds of such policy, may in such deed or in the instrument creating such gift or designating such beneficiary, appoint a guardian of the estate or interest of each beneficiary named therein who shall be a minor or otherwise incapacitated. Payment by an insurance company to the guardian of such beneficiary so appointed shall discharge the insurance company to the extent of such payment to the same effect as payment to an otherwise duly appointed and qualified guardian. (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. Cross References. Section 5115 is referred to in section 5515 of this title.
20 Pa.C.S. § 7903 — PA Code / Title 20 / Chapter 79 / Section 7903
Deemed provisions of governing instrument.
Status: in_force

(a) Effect of deemed provisions.--The governing instrument of a charitable organization is deemed to include provisions, the effects of which are to:

(1) Require distributions for each taxable year in such amounts and at such times and in such manner as not to subject the organization to tax under section 4942 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 4942).

(2) Prohibit the organization from:

(i) Engaging in an act of self-dealing, as defined in section 4941(d) of the Internal Revenue Code of 1986 (26 U.S.C. § 4941(d)).

(ii) Retaining excess business holdings, as defined in section 4943(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 4943(c)).

(iii) Making an investment in such manner as to subject the organization to tax under section 4944 of the Internal Revenue Code of 1986 (26 U.S.C. § 4944).

(iv) Making a taxable expenditure, as defined in section 4945(d) of the Internal Revenue Code of 1986 (26 U.S.C. § 4945(d)).

(b) Effect of contrary provision.--The deemed provisions under subsection (a) supersede any contrary provision of the governing instrument.

(c) Applicability.--This section applies only to the extent that the charitable organization is subject to one or more of

the sections of the Internal Revenue Code of 1986 set forth in subsection (a).
20 Pa.C.S. § 5458 — PA Code / Title 20 / Chapter 54 / Section 5458
Amendment.
Status: in_force

While of sound mind, a principal may amend a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution). An amendment may include the revocation in part of the health care power of attorney or the designation of new or additional health care agents.
20 Pa.C.S. § 784 — PA Code / Title 20 / Chapter 7 / Section 784
Procedure on execution on personal property.
Status: in_force

Writs of execution on personal property shall be allowed by the orphans' court division and directed to and executed by the sheriff of the proper county. The proceedings thereon shall be the same as on execution on personal property issued out of the division of the court having jurisdiction over actions at law.
20 Pa.C.S. § 13 — PA Code / Title 20 / Chapter 13 / Section 13
Applicability.
Status: in_force

This act shall apply as follows:

(1) The amendment or addition of 20 Pa.C.S. §§ 5601(b), 5601.2(a), (b) and (c) and 5605(c) shall apply to powers of attorney executed on or after the effective date of the amendment or addition of those sections.

(2) The addition of 20 Pa.C.S. § 5601(c) shall apply to powers of attorney executed on or after the effective date of the addition of that subsection.

(3) The addition of 20 Pa.C.S. § 5601(d) shall apply to agents acting under powers of attorney executed on or after the effective date of the addition of that subsection.

(4) The amendment or addition of 20 Pa.C.S. §§ 5601.2(d) and (e) and 5603(a)(2)(i), (ii), (iv) and (v) and (u.1) shall apply to powers of attorney executed before, on or after the effective date of the amendment or addition of those sections.

(5) The amendment or repeal of 20 Pa.C.S. §§ 5602(a)(1) and 5603(a)(1) shall apply to powers of attorney executed on or after the effective date of the amendment or repeal of those sections. The amendment or repeal of sections 5602(a)(1) and 5603(a)(1) shall not affect the authority of an agent to make unlimited gifts under any power of attorney relying on those sections, executed before the effective date of the amendment or repeal of those sections.

(6) The repeal of 20 Pa.C.S. § 5603(a)(2)(iii), (3),

(4) and (5) shall apply beginning with the effective date of the repeal of that section.

(7) The amendment of 20 Pa.C.S. § 8611(a) shall apply to agents acting under powers of attorney executed before,

on or after the effective date of the amendment of that section.

(8) The remaining amendments in this act shall apply beginning with the effective date of the amendments of those sections. Explanatory Note. Act 39 amended, added or repealed sections 711, 712, 751, 2206, 2514, 3316.1, 3319, 3321, 3504, 5144, 5306, 5521, 5552, 5601, 5601.2, 5602, 5603, 5604, 5605, 5606, 5607, 5608, 5609, 5610, 5611, 6202, 7133, 7191 and 8611. 2000, DECEMBER 20, P.L.881, NO.120 § 2. References to Organ Donation Awareness Trust Fund. A reference to the Organ Donation Awareness Trust Fund in any other law shall be deemed a reference to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund as if the reference to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund were specifically set forth therein. Explanatory Note. Act 120 amended sections 8601, 8617, 8621 and 8622 of Title 20.
20 Pa.C.S. § 3302 — PA Code / Title 20 / Chapter 33 / Section 3302
Valuations.
Status: in_force

The personal representative shall determine and state in figures opposite each item of the inventory its fair value as of the date of the decedent's death.
20 Pa.C.S. § 8626 — PA Code / Title 20 / Chapter 86 / Section 8626
Facilitation of anatomical gift from decedent whose death is under investigation.
Status: in_force

(a) Applicability of section.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.

(b) Full denial of recovery of organs.--If a coroner or medical examiner is considering denying recovery of all of the organs of a decedent, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:

(1) The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the decedent's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with organ donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.

(2) The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the decedent while at the hospital.

(3) If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of all of

the decedent's organs, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization upon request. The coroner or medical examiner or a designee shall ensure that the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(c) Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of all organs as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of all of a decedent's organs as set forth in subsection (b). (Oct. 23, 2018, P.L.594, No.90, eff. imd.) 2018 Amendment. Act 90 added section 8626. Cross References. Section 8626 is referred to in section 8616 of this title.
20 Pa.C.S. § 5155 — PA Code / Title 20 / Chapter 51 / Section 5155
Order of court.
Status: in_force

Whenever the court finds it to be for the best interests of the minor, a guardian may, for any purpose of administration or distribution, and on the terms, with the security and after the notice directed by the court:

(1) sell at public or private sale, pledge, mortgage, lease or exchange any real or personal property of the minor;

(2) grant an option for the sale, lease or exchange of any such property;

(3) join with the spouse of the minor in the performance of any of the foregoing acts with respect to property held by the entireties; or

(4) release the right of the minor in the property of his spouse and join in the deed of the spouse in behalf of the minor. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 added section 5155. Cross References. Section 5155 is referred to in sections 5154, 5521 of this title.
20 Pa.C.S. § 7732 — PA Code / Title 20 / Chapter 77 / Section 7732
Requirements for creation - UTC 402.
Status: in_force

(a) Requirements.--A trust is created only if:

(1) the settlor has capacity to create a trust;

(2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust;

(3) the trust has a definite beneficiary or is:

(i) a charitable trust;

(ii) a trust for the care of an animal, as provided in section 7738 (relating to trust for care of animal - UTC 408); or

(iii) a trust for a noncharitable purpose, as provided in section 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409);

(4) the trustee has duties to perform; and

(5) the same person is not the sole trustee and sole beneficiary of the trust.

(b) (Reserved).

(b.1) Signature by mark or another.--A trust instrument other than a will may be signed by mark or by a person other than the settlor on behalf of and at the direction of the settlor in the same manner as a power of attorney under Chapter 56 (relating to powers of attorney).

(c) Power to select beneficiary from indefinite class.--A power in a trustee to select a beneficiary from an indefinite class is valid. If the power with respect to a noncharitable trust is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

(d) Definition.--As used in this section, the term "definite beneficiary" means a beneficiary that can be ascertained now or in the future, subject to any applicable rule against perpetuities. Cross References. Section 7732 is referred to in sections 7705, 7731 of this title.
20 Pa.C.S. § 3501 — PA Code / Title 20 / Chapter 35 / Section 3501
Accounting required (Repealed).
Status: repealed

1974 Repeal. Section 3501 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
20 Pa.C.S. § 4306 — PA Code / Title 20 / Chapter 43 / Section 4306
Power to control, remove, discharge and settle accounts.
Status: in_force

The court appointing a substituted fiduciary pro tem under the provisions of section 4301 (relating to appointment of temporary fiduciary) shall have the same powers of control, removal, discharge and settlement of the accounts of such substituted fiduciary as are conferred upon it by existing law with respect to other fiduciaries.
20 Pa.C.S. § 5143 — PA Code / Title 20 / Chapter 51 / Section 5143
Abandonment of property.
Status: in_force

When any property is so burdensome or is so encumbered or is in such condition that it is of no value to the estate, the guardian may abandon it. When such property cannot be abandoned without transfer of title to another or without a formal renunciation, the court may authorize the guardian to transfer or renounce it without consideration if it shall find that this will be for the best interests of the estate. Cross References. Section 5143 is referred to in section 5521 of this title.
20 Pa.C.S. § 3902 — PA Code / Title 20 / Chapter 39 / Section 3902
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:

"Account." An arrangement under a terms-of-service agreement in which a custodian:

(1) carries, maintains, processes, receives or stores a digital asset of the user; or

(2) provides goods or services to the user.

"Agent." As defined in section 5601(f) (relating to general provisions).

"Carries." Engages in the transmission of an electronic communication.

"Catalog of electronic communications." Information which identifies:

(1) each person that has had an electronic communication with a user;

(2) the time and date of the electronic communication; and

(3) the electronic address of the person under paragraph

(1).

"Content of an electronic communication." Information concerning the substance or meaning of the electronic communication which:

(1) has been sent or received by a user;

(2) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and

(3) is not readily accessible to the public.

"Custodian." A person that carries, maintains, processes, receives or stores a digital asset of a user.

"Designated recipient." A person chosen by a user using an online tool to administer digital assets of the user.

"Digital asset." An electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

"Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

"Electronic communication." As defined in 18 U.S.C. § 2510(12) (relating to definitions).

"Electronic communication service." A custodian that provides to a user the ability to send or receive an electronic communication.

"Electronic communications system." As defined in 18 U.S.C. § 2510(14).

"Guardian of the estate." A person appointed by a court to manage the estate of a living individual. The term includes a limited guardian of the estate.

"Information." Data, text, images, videos, sounds, codes, computer programs, software, databases or the like.

"Online tool." An electronic service provided by a custodian which allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

"Person." An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

"Power of attorney." A record which grants an agent authority to act in the place of a principal.

"Principal." An individual who grants authority to an agent in a power of attorney.

"Protected person." An individual for whom a guardian of the estate has been appointed. The term includes an individual for whom an application for the appointment of a guardian of the estate is pending.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Remote computing service." A custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system.

"Terms-of-service agreement." An agreement which controls the relationship between a user and a custodian.

"Trustee." A fiduciary with legal title to property under an agreement or declaration which creates a beneficial interest in another. The term includes a successor trustee.

"User." A person that has an account with a custodian. Cross References. Section 3902 is referred to in section 5601.4 of this title.
20 Pa.C.S. § 4105 — PA Code / Title 20 / Chapter 41 / Section 4105
Effect of local proceedings.
Status: in_force

No person who, before receiving actual notice of local administration or of application therefor, has changed his position by relying on the powers granted to foreign fiduciaries by this chapter shall be prejudiced by reason of the application for or grant of local administration.
20 Pa.C.S. § 5614 — PA Code / Title 20 / Chapter 56 / Section 5614
Jurisdiction and venue.
Status: in_force

(a) County having venue.--Venue of any matter pertaining to the exercise of a power by an agent acting under a power of attorney as provided in this chapter shall be in the county in which the principal is domiciled, a resident or residing in a long-term care facility.

(b) Declining jurisdiction.--

(1) A court having jurisdiction may decline to exercise jurisdiction if at any time it determines that a court of another county or state is a more appropriate forum.

(2) If a court of this Commonwealth declines to exercise jurisdiction, it shall either dismiss the proceeding or stay the proceeding upon condition that a proceeding be promptly commenced in another county or state. A court may impose any other condition that it deems appropriate. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 added section 5614. Section 21(2)(ii) of Act 79 provided that the addition of section 5614 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
20 Pa.C.S. § 3317 — PA Code / Title 20 / Chapter 33 / Section 3317
Claims against co-fiduciary.
Status: in_force

When one of two or more personal representatives shall be individually liable to the estate, the other or others shall take any legal action against him necessary to protect the estate. Cross References. Section 3317 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 5802 — PA Code / Title 20 / Chapter 58 / Section 5802
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:

"Attending physician." A physician who has primary responsibility for the treatment and care of the declarant or principal.

"Declarant." An individual who makes a declaration in accordance with this chapter.

"Declaration." A writing made in accordance with this chapter that expresses a declarant's wishes and instructions for mental health care and mental health care directions and which may contain other specific directions.

"Mental health care." Any care, treatment, service or procedure to maintain, diagnose, treat or provide for mental health, including any medication program and therapeutical treatment.

"Mental health care agent." An individual designated by a principal in a mental health power of attorney.

"Mental health care provider." A person who is licensed, certified or otherwise authorized by the laws of this Commonwealth to administer or provide mental health care in the ordinary course of business or practice of a profession.

"Mental health power of attorney." A writing made by a principal designating an individual to make mental health care decisions for the principal.

"Mental health treatment professional." A licensed physician who has successfully completed a residency program in psychiatry or a person trained and licensed in social work, psychology or nursing who has a graduate degree and clinical experience in mental health.

"Principal." An individual who makes a mental health power of attorney in accordance with this chapter.
20 Pa.C.S. § 925 — PA Code / Title 20 / Chapter 9 / Section 925
Certificates and affidavits of death.
Status: in_force

Where it is not necessary to have letters granted to administer a decedent's estate but it is desired to have a public record of his death, a certificate of death may be filed with the register except that where a certificate of death cannot be obtained the affidavit of a relative or other interested party may be filed with the register setting forth the decedent's name, residence, date, time and place of death, and age at death. The register shall index and record all such certificates and affidavits filed with him. (Dec. 10, 1974, P.L.867, No.293, eff. imd.)

1974 Amendment. Act 293 added section 925.
20 Pa.C.S. § 6303 — PA Code / Title 20 / Chapter 63 / Section 6303
Ownership during lifetime.
Status: in_force

(a) Joint account.--A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sum on deposit, unless there is clear and convincing evidence of a different intent.

(b) Trust account.--Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustees of the account during their lifetimes beneficial rights as between them are governed by subsection (a). If there is an irrevocable trust, the account belongs beneficially to the beneficiary. Cross References. Section 6303 is referred to in section 6304 of this title.
20 Pa.C.S. § 7737 — PA Code / Title 20 / Chapter 77 / Section 7737
Oral trusts unenforceable.
Status: in_force

Oral trusts are unenforceable in this Commonwealth.
20 Pa.C.S. § 3314 — PA Code / Title 20 / Chapter 33 / Section 3314
Continuation of business.
Status: in_force

Giving due regard to the provisions of the governing instrument and any other factor that the court deems relevant, and aided by the report of a master if necessary, the court may authorize the personal representative to continue any business of the estate for the benefit of the estate. The order may be with or without notice. If prior notice is not given to all parties in interest, it shall be given within five days after the order or within such extended time as the court, for cause shown, shall allow. Any party in interest may, at any time, petition the court to revoke or modify the order. The order may provide:

(1) for the conduct of business, by the personal representative alone or jointly with others, or, unless restricted by the terms of the governing instrument, as a corporation, partnership, limited liability company or other entity to be formed;

(2) the extent of the liability of the estate or any part thereof, or of the personal representative, for obligations incurred in the continuation of the business;

(3) whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole;

(4) the period of time the business may be conducted;

(4.1) for the compensation of a personal representative actively managing, supervising or engaging in the operation of an entity or business, from the estate's assets or from the entity or business, as appropriate, provided that the compensation is reasonably based upon the actual responsibilities assumed and performed; and

(5) such other regulations, including accountings, as the court shall deem advisable. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) Cross References. Section 3314 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 6106 — PA Code / Title 20 / Chapter 61 / Section 6106
Income accumulations; when valid.
Status: in_force

(a) General.--Except as set forth in section 6107.1 (relating to applicability of rule against perpetuities), no direction or authorization to accumulated income shall be void, except as herein provided.

(b) Void accumulations; exceptions.--Except as set forth in section 6107.1, upon the expiration of the period allowed by the common law rule against perpetuities as measured by actual rather than possible events, any direction or authorization to accumulate income shall be void. This subsection shall not apply to:

(1) Directions or authorizations to accumulate income in a trust for any charitable purpose or purposes.

(2) Directions or authorizations to accumulate income in a bona fide trust inter vivos primarily for the benefit of business employees, their families or appointees, under a stock bonus, pension, disability or death benefit, profit-sharing or other employee-benefit plan.

(c) Time for beginning period.--Except as set forth in section 6107.1, the period allowed by the common law rule against perpetuities under subsection (b) of this section shall be measured from the expiration of any time during which one person while living has the unrestricted power to transfer to himself the entire legal and beneficial interest in the property. (July 7, 2006, P.L.625, No.98, eff. imd.)

Cross References. Section 6106 is referred to in section 6107.1 of this title.
20 Pa.C.S. § 5161 — PA Code / Title 20 / Chapter 51 / Section 5161
When accounting filed.
Status: in_force

A guardian shall file an account of his administration whenever directed to do so by the court or may file an account at the termination of the guardianship, or at any other time or times authorized by the court. (Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
20 Pa.C.S. § 7780.21 — PA Code / Title 20 / Chapter 77 / Section 7780.21
Duty to provide information to trust director or directed trustee - UDTA 10.
Status: in_force

(a) Duty of directed trustee.--Subject to section 7780.22 (relating to no duty to monitor, inform or advise - UDTA 11), a directed trustee shall provide information to a trust director to the extent that the information is reasonably related to powers or duties of the:

(1) directed trustee; and

(2) trust director, or the powers or duties of another trust director over which the trust director may exercise authority.

(b) Duty of trust director.--Subject to section 7780.22, a trust director shall provide information to a directed trustee or another trust director to the extent that the information is reasonably related to the powers or duties of the:

(1) trust director; and

(2) directed trustee, or the other trust director or a trust director over which the other trust director may exercise authority.

(c) Limitation on liability of directed trustee.--A directed trustee that acts in reliance upon information provided by a trust director is not liable for a breach of trust to the extent that the breach resulted from the reliance unless the information was outside the scope of the trust director's

authority or the directed trustee engages in willful misconduct by doing so.

(d) Limitation on liability of trust director.--A trust director that acts in reliance upon information provided by a directed trustee or another trust director is not liable for a breach of trust to the extent that the breach resulted from the reliance unless the trust director engages in willful misconduct by doing so. Cross References. Section 7780.21 is referred to in section 7780.23 of this title.
20 Pa.C.S. § 5611 — PA Code / Title 20 / Chapter 56 / Section 5611
Validity.
Status: in_force

A power of attorney executed in or under the laws of another state or jurisdiction shall be valid in this Commonwealth if, when the power of attorney was executed, the execution complied with:

(1) the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, the law of the jurisdiction in which the power of attorney was executed; or

(2) the requirements for a military power of attorney under 10 U.S.C. § 1044(b) (relating to legal assistance). (Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 2, 2014, P.L.855, No.95, eff. imd.) 2014 Amendment. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law. 1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 763 — PA Code / Title 20 / Chapter 7 / Section 763
Writs of habeas corpus (Repealed).
Status: repealed

1978 Repeal. Section 763 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 3163 — PA Code / Title 20 / Chapter 31 / Section 3163
Submission to jurisdiction.
Status: in_force

(a) General rule.--By accepting appointment by the register of wills, the personal representative submits personally to the jurisdiction of the orphans' court division of the county where letters testamentary or letters of administration are granted in all matters involving the performance of the personal representative's duties as personal representative, and an action by any interested party seeking an accounting by, or removal of, the personal representative, or alleging breach of duty by the personal representative, shall be commenced by notice to the personal representative.

(b) Criminal contempt.--Notwithstanding subsection (a), no personal representative shall be held in criminal contempt of an order of the orphans' court division without the prior issuance of a citation and service of process. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 added section 3163.
20 Pa.C.S. § 8103 — PA Code / Title 20 / Chapter 81 / Section 8103
Fiduciary duties; general principles.
Status: in_force

(a) Allocation.--In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of this chapter, the following shall apply:

(1) A fiduciary shall administer a trust or estate in accordance with the governing instrument, even if there is a different provision in this chapter.

(2) A fiduciary may administer a trust or estate by the exercise of a discretionary power of administration regarding a matter within the scope of this chapter given to the fiduciary by the governing instrument, even if the exercise of the power produces a result different from a result required or permitted by this chapter. No inference that the fiduciary has improperly exercised the discretionary power shall arise from the fact that the fiduciary has made an allocation contrary to a provision of this chapter.

(3) A fiduciary shall administer a trust or estate in accordance with this chapter if the governing instrument does not contain a different provision or does not give the fiduciary a discretionary power of administration regarding a matter within the scope of this chapter.

(4) A fiduciary shall add a receipt or charge a disbursement to principal to the extent that the governing instrument and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.

(b) Discretionary power.--In exercising a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the governing instrument or this chapter, including sections 8104 (relating to trustee's power to adjust) and 8105 (relating to power to convert to unitrust), a fiduciary shall administer a trust or estate impartially based on what is fair and reasonable to all of the beneficiaries, except to the extent that the governing instrument clearly manifests an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries. Cross References. Section 8103 is referred to in section 8104 of this title.
20 Pa.C.S. § 3389 — PA Code / Title 20 / Chapter 33 / Section 3389
Claims subject to litigation in other courts.
Status: in_force

When any claim not proved in the orphans' court division is being litigated in any other division or court, State or Federal, having jurisdiction thereof, the court may make such

provision for the disposition or satisfaction of the claim as shall be equitable.
20 Pa.C.S. § 7742 — PA Code / Title 20 / Chapter 77 / Section 7742
Spendthrift provision - UTC 502.
Status: in_force

(a) Validity.--A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.

(b) Creation.--A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.

(c) Effect.--A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision. Except as otherwise provided in this subchapter, a creditor or assignee of the beneficiary of a spendthrift trust may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.

(July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (b). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 8663 — PA Code / Title 20 / Chapter 86 / Section 8663
Dissemination of information prohibited.
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 bank's responsibilities under this chapter except for the purposes of facilitating transplantation of vascularized composite allografts.

(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.
20 Pa.C.S. § 5455 — PA Code / Title 20 / Chapter 54 / Section 5455
Appointment of health care agents.
Status: in_force

(a) Multiple and successor health care agents.--A principal may appoint the following in a health care power of attorney:

(1) More than one health care agent who shall act jointly unless the health care power of attorney expressly provides otherwise.

(2) One or more successor agents who shall serve in the order named in the health care power of attorney unless the principal expressly directs to the contrary.

(b) Who may not be appointed health care agent.--Unless related to the principal by blood, marriage or adoption, a

health care agent of the principal may not be any of the following:

(1) The principal's attending physician or other health care provider.

(2) An owner, operator or employee of a health care provider in which the principal is receiving care.
20 Pa.C.S. § 4303 — PA Code / Title 20 / Chapter 43 / Section 4303
Security by substituted fiduciaries; duties and responsibilities.
Status: in_force

Any substituted fiduciary pro tem appointed under the provisions of section 4301 (relating to appointment of temporary fiduciary) shall enter such security, if any, as the court may direct and shall receive such compensation as the court may allow. Such substituted fiduciary pro tem shall be subject to such duties and responsibilities with respect to accounting, and otherwise, during the period that he holds office as the court shall direct.
20 Pa.C.S. § 6107.1 — PA Code / Title 20 / Chapter 61 / Section 6107.1
Applicability of rule against perpetuities.
Status: in_force

(a) Traditional rule.--Sections 6104 (relating to rule against perpetuities), 6105 (relating to rule against perpetuities; disposition when invalidity occurs), 6106 (relating to income accumulations; when valid) and 6107 (relating to income accumulations; disposition when invalidity occurs):

(1) shall apply to every interest created before January 1, 2007; but

(2) shall not apply to any interest created after December 31, 2006.

(b) Modern rule.--All of the following apply to every interest created after December 31, 2006:

(1) Except as provided in paragraph (3), no interest shall be void as a perpetuity.

(2) No direction or authorization to accumulate income shall be void as a perpetuity.

(3) If a power of appointment is exercised to create a new power of appointment, any interest created by the exercise of the new power of appointment is invalid if it does not vest within 360 years of the creation of the original power of appointment, unless the exercise of the new power of appointment expressly states that this provision shall not apply to the interests created by the exercise.

(4) Void interests shall be disposed of in the manner provided in section 6105. (July 7, 2006, P.L.625, No.98, eff. imd.; Oct. 27, 2010, P.L.837, No.85, eff. imd.) 2010 Amendment. Section 9(2) of Act 85 provided that the amendment of section 6107.1 shall apply to any interest created after December 31, 2006. Section 10(b) of Act 85 provided that the amendment of section 6107.1 shall be retroactive to January 1, 2007. Cross References. Section 6107.1 is referred to in sections 6106, 6107 of this title.
20 Pa.C.S. § 5502 — PA Code / Title 20 / Chapter 55 / Section 5502
Purpose of chapter.
Status: in_force

Recognizing that every individual has unique needs and differing abilities, it is the purpose of this chapter to promote the general welfare of all citizens by establishing a system which permits incapacitated persons to participate as fully as possible in all decisions which affect them, which assists these persons in meeting the essential requirements for their physical health and safety, protecting their rights, managing their financial resources and developing or regaining their abilities to the maximum extent possible and which accomplishes these objectives through the use of the least restrictive alternative; and recognizing further that when guardianship services are necessary, it is important to

facilitate the finding of suitable individuals or entities willing to serve as guardians. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. Act 24 added section 5502. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 3183 — PA Code / Title 20 / Chapter 31 / Section 3183
Procedure for and effect of removal.
Status: in_force

The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal representative to appear and show cause why he should not be removed, or, when necessary to protect the rights of creditors or parties in interest, may summarily remove him. Upon removal, the court may direct the grant of new letters testamentary or of administration by the register to the person entitled and may, by summary attachment of the person or other appropriate orders, provide for the security and delivery of the assets of the estate, together with all books, accounts and papers relating thereto. Any personal representative summarily removed under the provisions of this section may apply, by petition, to have the decree of removal vacated and to be reinstated, and, if the court shall vacate the decree of removal and reinstate him, it shall thereupon make any orders which may be appropriate to accomplish the reinstatement. Cross References. Section 3183 is referred to in sections 5131, 5515, 7766 of this title.
20 Pa.C.S. § 6102 — PA Code / Title 20 / Chapter 61 / Section 6102
Termination of trusts (Deleted by amendment).
Status: in_force

2006 Amendment. Section 6102 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
20 Pa.C.S. § 3154 — PA Code / Title 20 / Chapter 31 / Section 3154
Affidavit and oath.
Status: in_force

(a) Fiduciary and witness.--The affidavit to a petition for the grant of letters and the oath of the fiduciary relative to the performance of his duties and, except as provided in subsection (b), the oath of a witness relative to probate of a will shall be taken before and administered by:

(1) Within the Commonwealth.--The register of any county of the Commonwealth.

(2) Outside of the Commonwealth.--A public officer of another jurisdiction having duties similar to those of a register who has been authorized to do so by the register of the county where the application for letters is to be made.

(b) Subscribing witness.--Unless there is a contest with respect to the validity of the will or unless the will is signed by mark or by another under section 2502(2) or (3) (relating to form and execution of a will), the oath of a subscribing witness relative to probate of a will may be taken before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of another state. (July 14, 1988, P.L.553, No.99, eff. imd.) Cross References. Section 3154 is referred to in sections 911, 3908 of this title.
20 Pa.C.S. § 8641 — PA Code / Title 20 / Chapter 86 / Section 8641
Removal of corneal tissue permitted under certain circumstances.
Status: in_force

(a) General rule.--On a request from an authorized official of an eye bank for corneal tissue, a coroner or medical examiner

may permit the removal of corneal tissue if all of the following apply:

(1) The decedent from whom the tissue is to be removed died under circumstances requiring an inquest.

(2) The coroner or medical examiner has made a reasonable effort to contact persons listed in section 8611 (relating to persons who may execute anatomical gift).

(3) No objection by a person listed in section 8611 is known by the coroner or medical examiner.

(4) The removal of the corneal tissue will not interfere with the subsequent course of an investigation or autopsy or alter the decedent's postmortem facial appearance.

(b) Definition.--As used in this section, the term "eye bank" means a nonprofit corporation chartered under the laws of this Commonwealth to obtain, store and distribute donor eyes to be used by physicians or surgeons for corneal transplants, research or other medical purposes and the medical activities of which are directed by a physician or surgeon in this Commonwealth.
20 Pa.C.S. § 7790 — PA Code / Title 20 / Chapter 77 / Section 7790
Limitation on personal liability of trustee - UTC 1010.
Status: in_force

(a) When trustee not personally liable.--Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.

(b) When trustee personally liable.--A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.

(c) Assertion of claim.--A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim. Cross References. Section 7790 is referred to in section 7705 of this title.
20 Pa.C.S. § 2516 — PA Code / Title 20 / Chapter 25 / Section 2516
Devise in fee tail abolished.
Status: in_force

Whenever by any devise an estate in fee tail would be created according to the common law of the Commonwealth, it shall pass an estate in fee simple, and as such shall be inheritable and freely alienable.
20 Pa.C.S. § 5524 — PA Code / Title 20 / Chapter 55 / Section 5524
Effect of determination of incapacity.
Status: in_force

A partially incapacitated person shall be incapable of making any contract or gift or any instrument in writing in those specific areas in which the person has been found to be incapacitated. A totally incapacitated person shall be incapable of making any contract or gift or any instrument in writing.

This section shall not impair the interest in real estate acquired by a bona fide grantee of, or a bona fide holder of a lien on, real estate in a county other than that in which the decree establishing the incapacity is entered, unless the decree or a duplicate original or certified copy thereof is recorded in the office of the recorder of deeds in the county in which the real estate lies before the recording or entering of the instrument or lien under which the grantee or lienholder claims. (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. § 3536 — PA Code / Title 20 / Chapter 35 / Section 3536
Recording and registering decrees awarding real estate.
Status: in_force

A certified copy of every adjudication or decree awarding real estate or an appropriate excerpt from either of them shall be recorded, at the expense of the estate, in the deed book in the office of the recorder of deeds of each county where the real estate so awarded lies, shall be indexed by the recorder in the grantor's index under the name of the decedent and in the grantee's index under the name of the distributee, and shall be registered in the survey bureau or with the proper authorities empowered to keep a register of real estate in the county: Provided, That no adjudication or decree awarding real estate subject to the payment of any sum by the distributee shall be recorded or registered unless there is offered for recording, concurrently therewith, written evidence of the payment of such sum.

Cross References. Section 3536 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 715 — PA Code / Title 20 / Chapter 7 / Section 715
Incidental powers (Repealed).
Status: repealed

1978 Repeal. Section 715 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 8803 — PA Code / Title 20 / Chapter 88 / Section 8803
Descent, distribution, dower, curtesy, and statutory rights as survivor.
Status: in_force

The slayer or elder abuser shall be deemed to have predeceased the decedent or victim as to property which would have passed from the decedent or victim or his estate to the slayer or elder abuser under the statutes of descent and distribution or have been acquired by dower, by curtesy or by statutory right as surviving spouse. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 2510 — PA Code / Title 20 / Chapter 25 / Section 2510
How election made (Repealed).
Status: repealed

1978 Repeal. Section 2510 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
20 Pa.C.S. § 7312 — PA Code / Title 20 / Chapter 73 / Section 7312
Ground rent.
Status: in_force

A ground rent secured upon unencumbered improved real estate located within the Commonwealth shall be an authorized investment if the reserved annual rent, capitalized at the rate of 5% per annum, shall not exceed four-fifth of the fair value of the real estate out of which it issues, determined by appraisal, as in the case of mortgages.
20 Pa.C.S. § 5452 — PA Code / Title 20 / Chapter 54 / Section 5452
Execution.
Status: in_force

(a) Who may make.--An individual of sound mind may make a health care power of attorney if the individual:

(1) is 18 years of age or older;

(2) has graduated from high school;

(3) has married; or

(4) is an emancipated minor.

(b) Requirements.--A health care power of attorney must be:

(1) dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the health care power of attorney; and

(2) witnessed by two individuals, each of whom is 18 years of age or older.

(c) Witnesses.--

(1) An individual who signs a health care power of attorney on behalf of and at the direction of a principal may not witness the health care power of attorney.

(2) A health care provider and its agent may not sign a health care power of attorney on behalf of and at the direction of a principal if the health care provider or agent provides health care services to the principal. Cross References. Section 5452 is referred to in sections 5458, 5459 of this title.
20 Pa.C.S. § 7780.4 — PA Code / Title 20 / Chapter 77 / Section 7780.4
Discretionary powers.
Status: in_force

The trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries, notwithstanding the breadth of discretion granted to a trustee by the terms of the trust, including the use of such terms as "absolute," "sole" or "uncontrolled." (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 5426 — PA Code / Title 20 / Chapter 54 / Section 5426
Death not suicide or homicide.
Status: in_force

The withholding or withdrawal of life-sustaining treatment from a principal or patient resulting in death, in accordance with the provisions of this chapter, shall not, for any purpose, constitute suicide or homicide.
20 Pa.C.S. § 2801 — PA Code / Title 20 / Chapter 28 / Section 2801
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:

"Formula clause." A clause that has any of the following characteristics:

(1) Refers to the unified credit, estate tax exemption, applicable exemption amount, applicable credit amount, applicable exclusion amount, generation-skipping transfer tax exemption, GST exemption, marital deduction, maximum marital deduction, unlimited marital deduction or charitable deduction, or other words relating to Federal tax exemptions, exclusions, deductions or credits where the meaning of the words is dependent on the current state of the Federal tax laws.

(2) Measures a share of an estate or trust based on the amount that can pass free of Federal estate taxes or affects the inclusion ratio for generation-skipping transfer tax purposes.

(3) Is based on a similar provision of Federal estate tax or generation-skipping transfer tax law.

"Other dispositive instrument." Includes the following:

(1) A beneficiary designation pertaining to insurance or retirement assets.

(2) An instrument that exercises a power of appointment held by the decedent at death.

(3) A similar instrument that:

(i) expresses a decedent's intent regarding assets over which the decedent had dispositive authority at death; or

(ii) otherwise disposes of assets as a result of the decedent's death.
20 Pa.C.S. § 5482 — PA Code / Title 20 / Chapter 54 / Section 5482
Legislative findings and intent.
Status: in_force

The General Assembly finds and declares as follows:

(1) Although cardiopulmonary resuscitation has saved the lives of individuals about to experience sudden, unexpected death, present medical data indicates that cardiopulmonary resuscitation rarely leads to prolonged survival in individuals with terminal illnesses in whom death is expected.

(2) In many circumstances, the performance of cardiopulmonary resuscitation may inflict unwanted and unnecessary pain and suffering.

(3) Existing emergency medical services protocols may require emergency medical services personnel to proceed to cardiopulmonary resuscitation when an individual is found in a cardiac or respiratory arrest even if the individual has completed an advance health care directive indicating that the individual does not wish to receive cardiopulmonary resuscitation.

(4) The administration of cardiopulmonary resuscitation by emergency medical services personnel to an individual with an out-of-hospital do-not-resuscitate order offends the dignity of the individual and conflicts with standards of accepted medical practice.

(5) This subchapter provides clear direction to emergency medical services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation.
20 Pa.C.S. § 8811 — PA Code / Title 20 / Chapter 88 / Section 8811
Proceeds of insurance.
Status: in_force

(a) Policies on life of decedent or victim.--Insurance proceeds payable to the slayer or elder abuser as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent or victim, or as the survivor of a joint life policy, shall be paid to the estate of the decedent or victim, unless the policy or certificate designates some person not claiming through the slayer or elder abuser as alternative beneficiary to him.

(b) Policies on life of slayer or elder abuser.--If the decedent or victim is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or elder abuser, the proceeds shall be paid to the estate of the decedent or victim upon the death of the slayer or elder abuser, unless the policy names some person other than the slayer or elder abuser or his estate as alternative beneficiary, or unless the slayer or elder abuser by naming a new beneficiary or assigning

the policy performs an act which would have deprived the decedent or victim of his interest in the policy if he had been living. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 5839 — PA Code / Title 20 / Chapter 58 / Section 5839
Revocation.
Status: in_force

(a) When a mental health power of attorney may be revoked.--A mental health power of attorney may be revoked by the principal at any time, either orally or in writing in whole or in part, unless the principal has been found to be incapable of making mental health treatment decisions or the principal has been involuntarily committed.

(b) Capacity to revoke.--Notwithstanding subsection (a), during a period of involuntary commitment pursuant to Article III of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, a principal may revoke the mental health power of attorney only if found to be capable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, a psychologist, a family physician, an attending physician or a mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.

(c) Effect of revocation.--A revocation shall be effective upon communication to the attending physician or other mental health care provider by the principal or a witness to the revocation of the intent to revoke.

(d) Mental health record.--The attending physician or other mental health care provider shall make the revocation or a finding of capacity part of the mental health record of the declarant.

(e) Reliance on mental health power of attorney.--A physician or other mental health care provider may rely on the effectiveness of a mental health power of attorney unless notified of its revocation.

(f) Subsequent action by agent.--A mental health care agent who has notice of the revocation of a mental health power of attorney may not make or attempt to make mental health care decisions for the principal.
20 Pa.C.S. § 3354 — PA Code / Title 20 / Chapter 33 / Section 3354
Power given in governing instrument.
Status: in_force

A testamentary power given in the governing instrument to sell, unless expressly restricted, shall include the power to sell at public or private sale or to pledge or mortgage for any purpose of administration or distribution, but shall not include the right to grant an option without court order. A private sale may be made, with court approval, under the provisions of this title, although the governing instrument has directed a public sale. A power in the governing instrument to sell, pledge, mortgage, lease, or exchange, or to grant an option for a purchase, lease, or exchange of property not given to any person by name or description shall be deemed to have been given to the personal representative and may be exercised without court approval. When the personal representative has been required to give bond, no proceeds of real estate shall be paid to him until the court has made an order excusing him from entering additional security or requiring additional security,

and in the latter event, only after he has entered the additional security. Cross References. Section 3354 is referred to in section 7792 of this title.
20 Pa.C.S. § 6407 — PA Code / Title 20 / Chapter 64 / Section 6407
Ownership on death of owner.
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. Cross References. Section 6407 is referred to in section 6408 of this title.
20 Pa.C.S. § 8660 — PA Code / Title 20 / Chapter 86 / Section 8660
Law on autopsies applicable.
Status: in_force

(a) General rule.--Subject to the provisions of section 8657 (relating to gift of vascularized composite allograft from decedent whose death is under investigation), the provisions of this subchapter are subject to the laws of this Commonwealth prescribing powers and duties with respect to autopsies.

(b) Copies of autopsy reports.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), an organ procurement organization is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable fees.
20 Pa.C.S. § 7770 — PA Code / Title 20 / Chapter 77 / Section 7770
Liability of successor trustee.
Status: in_force

A successor trustee shall not be personally liable for the acts or omissions of the trustee's predecessor and shall have no duty to investigate the acts or omissions of the predecessor. Cross References. Section 7770 is referred to in section 7780.1 of this title.
20 Pa.C.S. § 7301 — PA Code / Title 20 / Chapter 73 / Section 7301
Definition of fiduciary.
Status: in_force

The term "fiduciary" as used in this chapter shall include an administrator of a municipal pension or retirement plan and any other person whose fiduciary duties are, by statute, governed by the principles of this chapter. The provisions of this chapter shall apply only to such fiduciaries. (June 25, 1999, P.L.212, No.28, eff. 6 months) 1999 Amendment. See section 6(a) of Act 28 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5306 — PA Code / Title 20 / Chapter 53 / Section 5306
Other transfer by fiduciary.
Status: in_force

(a) Irrevocable transfer by personal representative or trustee.--Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Irrevocable transfer by guardian.--Subject to subsection

(c), a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 5309.

(c) Additional requirements for transfer.--A transfer under subsection (a) or (b) may be made only if:

(1) the personal representative, trustee or guardian considers the transfer to be in the best interest of the minor;

(2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and

(3) the transfer is authorized by the court if it exceeds $25,000 in value. (Oct. 12, 1999, P.L.422, No.39, eff. 60 days) 1999 Amendment. Act 39 amended subsec. (c). See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5306 is referred to in sections 5307, 5320 of this title.
20 Pa.C.S. § 8651 — PA Code / Title 20 / Chapter 86 / Section 8651
Scope of subchapter.
Status: in_force

This subchapter applies exclusively to hands, facial tissue, limbs and other vascularized composite allografts donated by

an individual whose death is imminent or who has died in the hospital.
20 Pa.C.S. § 3136 — PA Code / Title 20 / Chapter 31 / Section 3136
Wills probated outside the Commonwealth.
Status: in_force

A duly authenticated copy of a will proved outside of the Commonwealth according to the law of the place of probate may be offered for probate before any register having jurisdiction, and letters testamentary or of administration with a will annexed may be granted thereon as though the original will had been offered before such register. If, in addition to such copy, there shall be produced a duly authenticated copy of the record of the probate proceeding of the original instrument, the will shall be entitled to probate in this Commonwealth and appropriate letters shall be issued thereon without the production or examination of the witnesses to prove such will, unless the will was probated outside of the United States and the record shows or it is satisfactorily proved that an essential requirement of Pennsylvania law for a valid will has not been met. If the will was probated outside of the United States, the probate proceedings may be supplemented by the submission of additional evidence to the register.
20 Pa.C.S. § 7738 — PA Code / Title 20 / Chapter 77 / Section 7738
Trust for care of animal - UTC 408.
Status: in_force

(a) Creation and termination.--A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

(b) Enforcement.--A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(c) Limitation.--Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor if then living, otherwise to the settlor's successors in interest. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (b) and (c). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7738 is referred to in sections 7710, 7732, 7739 of this title.
20 Pa.C.S. § 5145 — PA Code / Title 20 / Chapter 51 / Section 5145
Investments.
Status: in_force

Subject only to the provisions of a governing instrument, if any, a guardian may accept, hold, invest in and retain investments as provided by Chapter 72 (relating to prudent investor rule). (June 25, 1999, P.L.212, No.28, eff. 6 months)

1999 Amendment. See section 6(a) of Act 28 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5145 is referred to in section 5521 of this title.
20 Pa.C.S. § 3316 — PA Code / Title 20 / Chapter 33 / Section 3316
Investment of funds.
Status: in_force

Subject to his duty to liquidate the estate for prompt distribution and to the provisions of the will, if any, the personal representative may invest the funds of the estate but shall have no duty to do so. Any such investment, except as the court or the will may otherwise authorize or direct, shall be restricted to:

(1) obligations of the United States or the United States Treasury, of the Commonwealth, or of any political subdivision of the Commonwealth;

(2) an interest-bearing deposit in any bank, bank and trust company, savings bank or national banking association located within this Commonwealth if:

(i) the maturity date or the permissible date of withdrawal does not exceed one year from the date of the deposit or any renewal thereof; and

(ii) the deposits do not exceed the amount which is fully insured by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. §§ 264 and 1811 et seq.);

(3) savings accounts of any savings association incorporated under the laws of this Commonwealth, or of any Federal savings and loan association incorporated under the laws of the United States, if the withdrawal or repurchase value thereof is insured by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act; and

(4) a money market mutual fund affiliated with a corporate personal representative. The personal representative may also make temporary investments as authorized by section 7207 (relating to retention of cash; temporary investments) without regard to any investment restrictions imposed by the will. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; June 25, 1999, P.L.212, No.28, eff. 6 months) 1999 Amendment. See section 6(a) of Act 28 in the appendix to this title for special provisions relating to applicability.

1992 Amendment. See section 27(b) of Act 152 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5613 — PA Code / Title 20 / Chapter 56 / Section 5613
Meaning and effect of power of attorney.
Status: in_force

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney is executed. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 added section 5613. Section 21(2)(ii) of Act 79 provided that the addition of section 5613 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii).
20 Pa.C.S. § 6304 — PA Code / Title 20 / Chapter 63 / Section 6304
Right of survivorship.
Status: in_force

(a) Joint account.--Any sum remaining on deposit at the death of a party to a joint account belongs to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under section 6303 (relating to ownership during lifetime) augmented by an equal per capita share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties.

(b) Trust account.--At the death of the trustee or the survivor of two or more trustees, any sum remaining on deposit belongs to the person or persons named as beneficiaries, if surviving, or to the survivor or survivors of them if one or more die before the trustee or last surviving trustee, unless there is clear and convincing evidence of a contrary intent; if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.

(c) Other cases.--In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than that the rights of the decedent become part of his estate.

(d) Change by will prohibited.--A right of survivorship arising from the express terms of an account or under this section, or a beneficiary designation in a trust account cannot be changed by will. Cross References. Section 6304 is referred to in sections 6305, 6306 of this title.
20 Pa.C.S. § 7315.1 — PA Code / Title 20 / Chapter 73 / Section 7315.1
Retention of cash; temporary investments.
Status: in_force

(a) Uninvested cash.--A fiduciary may hold cash uninvested:

(1) which he reasonably expects to:

(i) distribute to beneficiaries as income on a quarterly or more frequent basis;

(ii) use for payment of debts, taxes, expenses of administration or reinvestment within the next 90 days; or

(2) when the amount available for investment does not justify the administrative burden of making the investment determined in the light of the facilities available to the fiduciary. A corporate fiduciary may deposit uninvested funds in its own commercial department.

(b) Temporary investments.--A fiduciary may make temporary investment of funds which he is entitled to hold uninvested or which he wishes to hold in liquid form in short-term interest-bearing obligations or deposits, or other short-term liquid investments, selected in each case in compliance with the standards of section 7302(b) (relating to authorized investments; in general), but without regard to any investment restrictions imposed by the governing instrument and may make a reasonable charge, in addition to all other compensation to which he is entitled, for services rendered in making the temporary investment. (Oct. 12, 1984, P.L.929, No.182, eff. imd.; Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendment. Act 152 amended subsec. (b). See section 27(b) of Act 152 in the appendix to this title for special provisions relating to applicability. 1984 Amendment. Act 182 added section 7315.1.
20 Pa.C.S. § 5459 — PA Code / Title 20 / Chapter 54 / Section 5459
Revocation.
Status: in_force

(a) When health care power of attorney may be revoked.--While of sound mind, a principal may revoke a health care power of attorney by a writing executed in accordance with the provisions of section 5452 (relating to execution) or by personally informing the attending physician, health care provider or health care agent that the health care power of attorney is revoked.

(b) Reliance on health care power of attorney.--A health care provider may rely on the effectiveness of a health care power of attorney unless notified of its revocation.

(c) Subsequent action by agent.--A health care agent, knowing of the revocation of the health care power of attorney, may not make or attempt to make health care decisions for the principal.
20 Pa.C.S. § 8122 — PA Code / Title 20 / Chapter 81 / Section 8122
Distribution to residuary and remainder beneficiaries.
Status: in_force

(a) Distribution of net income.--Each beneficiary described in section 8121(4) (relating to determination and distribution of net income) is entitled to receive a portion of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If a fiduciary makes more than one distribution of assets to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as of the current distribution date.

(b) Allocation of net income.--In determining a beneficiary's share of net income, the following rules apply:

(1) The beneficiary is entitled to receive a portion of the net income equal to the beneficiary's fractional

interest in the undistributed principal assets immediately before the distribution date, including assets that later may be sold or applied to meet principal obligations.

(2) The beneficiary's fractional interest in the undistributed principal assets must be calculated without regard to property specifically given to a beneficiary and property required to pay pecuniary amounts.

(3) The beneficiary's fractional interest in the undistributed principal assets must be calculated on the basis of the aggregate value of those assets as of the distribution date without reducing the value by any unpaid principal obligation.

(c) Collected but undistributed net income.--If a fiduciary does not distribute all of the collected but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records showing the interest of each beneficiary in that net income.

(d) Application.--To the extent that the fiduciary considers it appropriate, if this section applies to the income from an asset, the fiduciary may apply the rules in this section to net gain or loss from the disposition of a principal asset realized after the date of death or terminating event or earlier distribution date.

(e) Distribution date.--For purposes of this section, the distribution date may be the date as of which the fiduciary calculates the value of the assets if that date is reasonably near the date on which assets are actually distributed. Cross References. Section 8122 is referred to in section 8121 of this title.
20 Pa.C.S. § 906 — PA Code / Title 20 / Chapter 9 / Section 906
Caveat.
Status: in_force

(a) Bond.--When a caveat has been filed, the register shall not delay the probate of a will or the grant of letters for more than ten days after the filing of the petition for probate or for the grant of letters, or after the filing of the caveat, whichever shall be later, unless within such ten-day period a party in interest shall file with the register his bond in the name of the Commonwealth with sufficient surety in such amount, not less than $500 or more than $5,000, as the register considers necessary, conditioned for the payment of any costs which may be decreed against the caveator.

(b) Failure to give bond.--If no bond is filed within the ten-day period, the caveat shall be considered abandoned, except as the register, for cause shown, shall extend the time.

(c) Costs.--The register, or the court upon appeal, shall determine the amount of costs occasioned by a caveat and direct by whom they shall be paid. If all or part of the costs shall be finally decreed to be paid by the caveator, any party interested in the costs may bring suit on the caveator's bond as provided by law.
20 Pa.C.S. § 3917 — PA Code / Title 20 / Chapter 39 / Section 3917
Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
20 Pa.C.S. § 5428 — PA Code / Title 20 / Chapter 54 / Section 5428
Health care instruments optional.
Status: in_force

A health care provider, a health care service plan, a health maintenance organization, an insurer issuing disability insurance, a self-insured employee welfare benefit plan, a nonprofit hospital plan and a Federal, State or local government sponsored or operated program may not:

(1) Require an individual to execute an advance health care directive or order or to designate or disqualify a health care representative as a condition for being insured for or receiving health care services.

(2) Charge an individual a different rate or fee whether or not the individual executes or has executed an advance health care directive or order or designated or disqualified a health care representative.
20 Pa.C.S. § 5151 — PA Code / Title 20 / Chapter 51 / Section 5151
Power to sell personal property.
Status: in_force

A guardian appointed by the court may sell, at public or private sale, any personal property of the minor. Cross References. Section 5151 is referred to in section 5521 of this title.
20 Pa.C.S. § 5914 — PA Code / Title 20 / Chapter 59 / Section 5914
Special jurisdiction.
Status: in_force

(a) Scope.--Notwithstanding the requirements of section 5513 (relating to emergency guardian) as it relates to limiting the duration of an order appointing an emergency guardian of the person or estate, a court of this Commonwealth lacking jurisdiction under section 5913(1), (2) or (3) (relating to jurisdiction) has special jurisdiction to do any of the following:

(1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this Commonwealth.

(2) Issue a protective order with respect to real or tangible personal property located in this Commonwealth, including, in an emergency, a protective order for a term not exceeding 90 days.

(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 5921 (relating to transfer of guardianship or conservatorship to another state).

(b) Dismissal.--If a petition for the appointment of a guardian in an emergency is brought in this Commonwealth and this Commonwealth was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. Cross References. Section 5914 is referred to in sections 5913, 5915, 5919 of this title.
20 Pa.C.S. § 3353 — PA Code / Title 20 / Chapter 33 / Section 3353
Order of court.
Status: in_force

When the personal representative is not authorized to do so by this title or is denied the power to do so by the governing instrument, if any, or when it is advisable that a sale have the effect of a judicial sale, he may sell any real or personal property of the estate, including property specifically devised, at public or private sale, or may pledge, mortgage, lease, or exchange any such property, or grant an option for the sale, lease, or exchange of any such property, under order of the orphans' court division of the county where letters testamentary or of administration were granted, upon such terms and upon such security and after such notice as the court shall direct, whenever the court shall find such sale, pledge, mortgage, lease, exchange, or option to be desirable for the proper administration and distribution of the estate. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) Cross References. Section 3353 is referred to in sections 3357, 7792, 7794 of this title; section 8152 of Title 42 (Judiciary and Judicial Procedure).
20 Pa.C.S. § 3330 — PA Code / Title 20 / Chapter 33 / Section 3330
Notice of devise or bequest to corporation or association.
Status: in_force

A personal representative to whom original letters are granted shall send a written notice, within three months after the grant of letters, to each corporation or association named as a beneficiary in the decedent's will, stating the date of the decedent's death, the county where the will has been probated, and that it is named as a beneficiary.
20 Pa.C.S. § 3355 — PA Code / Title 20 / Chapter 33 / Section 3355
Restraint of sale.
Status: in_force

The court, on its own motion or upon application of any party in interest, in its discretion, may restrain a personal representative from making any sale under an authority not given by the governing instrument or from carrying out any contract of sale made by him under an authority not so given. The order may be conditioned upon the applicant giving bond for the protection of parties in interest who may be prejudiced thereby. The order shall be void as against a bona fide grantee of, or holder of a lien on, real estate unless the decree restraining the sale, or a duplicate original or certified copy thereof, is recorded in the deed book in the office of the recorder of deeds in the county in which such real estate lies, before the recording or entering of the instrument or lien under which such grantee or lienholder claims. Cross References. Section 3355 is referred to in sections 5153, 5521, 7792 of this title.
20 Pa.C.S. § 5531 — PA Code / Title 20 / Chapter 55 / Section 5531
When accounting filed.
Status: in_force

A guardian shall file an account of his administration whenever directed to do so by the court or may file an account at the termination of the guardianship, or at any other time or times authorized by the court. (Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
20 Pa.C.S. § 7792 — PA Code / Title 20 / Chapter 77 / Section 7792
Powers, duties and liabilities identical with personal representatives.
Status: in_force

The provisions concerning the powers, duties and liabilities of a trustee shall be the same as those set forth in the following provisions of this title for the administration of a decedent's or a minor's estate: Section 3184 (relating to discharge of personal representative and surety). Section 3321(d) and (e) (relating to nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities). Section 3323 (relating to compromise of controversies). Section 3324 (relating to death or incapacity of fiduciary). Section 3332 (relating to inherent powers and duties). Section 3353 (relating to order of court). Section 3354 (relating to power given in governing instrument). Section 3355 (relating to restraint of sale). Section 3356 (relating to purchase by personal representative). Section 3358 (relating to collateral attack). Section 3359 (relating to record of proceedings; county where real estate lies). Section 3532(c) (relating to at risk of personal representative). (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
20 Pa.C.S. § 101 — PA Code / Title 20 / Chapter 1 / Section 101
Short title.
Status: in_force

This title shall be known and may be cited as the "Probate, Estates and Fiduciaries Code." Each chapter herein shall be known and may be cited by its chapter heading.
20 Pa.C.S. § 2106 — PA Code / Title 20 / Chapter 21 / Section 2106
Forfeiture.
Status: in_force

(a) Spouse's share.--

(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.

(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:

(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;

(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and

(iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g).

(b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has:

(1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or

(2) been convicted of one of the following offenses under Title 18: section 4303 (relating to concealing death of child); section 4304 (relating to endangering welfare of children); section 6312 (relating to sexual abuse of children); or an equivalent crime under Federal law or the law of another state involving his or her child; shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child.

(c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers).

(c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided in Chapter 88.

(d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Mar. 7, 1984, P.L.103, No.21, eff. imd.; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Oct. 27, 2010, P.L.837, No.85, eff. 60 days; July 1, 2024, P.L.444, No.40, eff. 180 days) 2024 Amendment. Act 40 amended subsec. (c) and added subsec. (c.1). Cross References. Section 2106 is referred to in section 2208 of this title.
20 Pa.C.S. § 5103 — PA Code / Title 20 / Chapter 51 / Section 5103
Sequestered deposit.
Status: in_force

Without the appointment of a guardian, any amount in cash of a resident or nonresident minor may be ordered by the court to be deposited in one or more savings accounts in the name of the minor in banks, building and loan associations or savings and loan associations insured by a Federal governmental agency, provided that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are thus insured. Every such order shall contain a provision that no withdrawal can be made from any such account until the minor attains his majority, except as authorized by a prior order of the court. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 added section 5103. Cross References. Section 5103 is referred to in section 5505 of this title.
20 Pa.C.S. § 3357 — PA Code / Title 20 / Chapter 33 / Section 3357
Title of purchaser.
Status: in_force

(a) General rule.--If the personal representative has given such bond, if any, as shall be required in accordance with this title, any sale, mortgage, or exchange by him, whether pursuant to a decree or to the exercise of a testamentary power or of a power under this title, shall pass the full title of the decedent therein, unless otherwise specified, discharged from the lien of legacies, from liability for all debts and obligations of the decedent, from all liabilities incident to the administration of the decedent's estate, and from all claims of distributees and of persons claiming in their right, except that no such sale, mortgage or exchange by a personal representative, unless made under section 3353 (relating to order of court) for the purpose of divesting a lien existing at the decedent's death, shall divest the interest of a bona fide grantee of, or a holder of a lien on, real property of the decedent who has acquired such interest for value under a prior recorded document from or through those entitled to the interest of the decedent in the real property by will or by intestacy, either:

(1) more than one year after the death of the decedent and when no letters issued in the Commonwealth upon the decedent's estate were in effect; or

(2) within such year if no letters upon the decedent's estate have been issued in the Commonwealth during that year.

(b) Effect of certain circumstances.--Persons dealing with the personal representative shall have no obligation to see to the proper application of the cash or other assets given in exchange for the property of the estate. Any sale or exchange by a personal representative pursuant to a decree under section 3353 shall have the effect of a judicial sale, but the court may decree a sale or exchange freed and discharged from the lien of any mortgage otherwise preserved from discharge by existing law, if the holder of such mortgage shall consent by writing filed in the proceeding. No such sale, mortgage, exchange, or conveyance shall be prejudiced by the terms of any will or codicil thereafter probated or by the subsequent revocation of the letters of the personal representative who made the sale, mortgage, exchange, or conveyance if the person dealing with the personal representative did so in good faith. (July 9, 1976, P.L.551, No.135, eff. imd.) Cross References. Section 3357 is referred to in section 8152 of Title 42 (Judiciary and Judicial Procedure).
20 Pa.C.S. § 7774 — PA Code / Title 20 / Chapter 77 / Section 7774
Prudent administration - UTC 804.
Status: in_force

A trustee shall administer the trust as a prudent person would, by considering the purposes, provisions, distributional requirements and other circumstances of the trust and by exercising reasonable care, skill and caution.
20 Pa.C.S. § 3701 — PA Code / Title 20 / Chapter 37 / Section 3701
Power of decedent.
Status: in_force

A testator, settlor, donor or possessor of any appropriate power of appointment may direct how the Federal estate tax or the Federal generation-skipping transfer tax due because of his death, including interest and penalties, shall be apportioned or may grant a discretionary power to another so to direct, but:

(1) any direction regarding apportionment of the Federal generation-skipping transfer tax must expressly refer to that tax; and

(2) any direction waiving the right of recovery of Federal estate tax, provided for under section 2207A of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 2207A), on property includable in the gross estate by reason of section 2044 of the Internal Revenue Code of 1986, must expressly refer to that right. Any such direction shall take precedence over the provisions of this chapter insofar as the direction provides for the payment of the tax or any part thereof from property the disposition of which can be controlled by the instrument containing the direction or delegating the power to another. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; May 16, 2002, P.L.330, No.50, eff. 60 days) 2002 Amendment. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability. Cross References. Section 3701 is referred to in sections 3702, 3705 of this title.
20 Pa.C.S. § 3374 — PA Code / Title 20 / Chapter 33 / Section 3374
Death or removal of fiduciary.
Status: in_force

An action or proceeding to which a fiduciary is a party is not abated by his death or resignation or by the termination of his authority. The successor of the fiduciary may be substituted in the action or proceeding in the manner provided by law. Cross References. Section 3374 is referred to in section 5521 of this title.
20 Pa.C.S. § 5517 — PA Code / Title 20 / Chapter 55 / Section 5517
Adjudication of capacity and modification of existing orders.
Status: in_force

The court, after a hearing under section 5512.2 (relating to review hearing), may order that a person previously adjudged incapacitated is no longer incapacitated or the court may find that the incapacitated person has regained or lost capacity in certain areas in which case the court shall modify the existing guardianship order. (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. Cross References. Section 5517 is referred to in section 8123 of Title 35 (Health and Safety).
20 Pa.C.S. § 723 — PA Code / Title 20 / Chapter 7 / Section 723
Situs of testamentary trust (Deleted by amendment).
Status: in_force

2006 Amendment. Section 723 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
20 Pa.C.S. § 3377 — PA Code / Title 20 / Chapter 33 / Section 3377
Execution on judgments.
Status: in_force

(a) When prohibited.--No execution shall issue against, nor shall any levy be made upon, any real or personal property of the estate of a decedent by virtue of a judgment against him or his personal representative unless:

(1) agreed to by the personal representative in a writing filed in the action or proceeding; or

(2) approved by the orphans' court division of the county in which letters testamentary or of administration have been granted, or if none have been granted, then by the orphans' court division of the county in which the principal or family residence of the decedent was located. The court may require the giving of notice to the personal representative and to parties in interest or may waive all notice.

(b) When allowed.--The restrictions of subsection (a) of this section shall not apply to actions or proceedings to enforce mortgages, ground rents, pledges, or conditional sales of real or personal property. Saved from Suspension. Pennsylvania Rule of Civil Procedure for Justices of the Peace No.482, as amended April 25, 1979, provided that section 3377 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by justices of the peace. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges. Pennsylvania Rule of Civil Procedure No. 3159(b)(1), adopted April 20, 1998, provided that section 5107 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
20 Pa.C.S. § 7776 — PA Code / Title 20 / Chapter 77 / Section 7776
Trustee's skills - UTC 806.
Status: in_force

A trustee who has special skills or expertise relevant to a trust or who is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise relevant to a trust shall use those special skills or expertise in the administration of the trust.
20 Pa.C.S. § 7796 — PA Code / Title 20 / Chapter 77 / Section 7796
Jurisdiction.
Status: in_force

Notwithstanding 42 Pa.C.S. § 931 (relating to original jurisdiction and venue), jurisdiction over an action involving land referred to in section 7795 (relating to reports for school

district trustees) shall be vested in the court of common pleas in the judicial district where:

(1) all of the land is located; or

(2) more than 50% of the land is located.
20 Pa.C.S. § 304 — PA Code / Title 20 / Chapter 3 / Section 304
Application of payments made to fiduciaries.
Status: in_force

A person who, in good faith, pays or transfers to a fiduciary any money or other property, which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary, and any right or title

acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 added section 304.
20 Pa.C.S. § 5463 — PA Code / Title 20 / Chapter 54 / Section 5463
Effect on other State law.
Status: in_force

(a) Mental health.--This subchapter does not affect the requirements of other laws of this Commonwealth regarding consent to observation, diagnosis, treatment or hospitalization for a mental illness.

(b) Prohibited care.--This subchapter does not authorize a health care agent or health care representative to consent to any health care prohibited by the laws of this Commonwealth.

(c) Consent.--This subchapter does not affect the laws of this Commonwealth regarding any of the following:

(1) The standard of care of a health care provider required in the administration of health care.

(2) When consent is required for health care.

(3) Informed consent for health care.

(4) Consent to health care in an emergency.

(d) Preservation of religious rights.--This subchapter does not prevent a health care agent or health care representative from consenting to health care administered in good faith pursuant to religious beliefs of the principal or from withholding consent to health care that is contrary to religious beliefs of the principal.

(e) Rights of individuals.--This subchapter does not affect the right of an individual to make health care decisions.

(f) Disclosure.--The disclosure requirements of section 5456(d) (relating to authority of health care agent) supersede any provision in any other State statute or regulation that requires the principal to consent to disclosure or which otherwise conflicts with section 5456(d), including, but not limited to, the following:

(1) Section 8 of the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act.

(2) Section 111 of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act.

(3) Section 15 of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

(4) Section 41 of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.

(5) Section 7 of the act of November 29, 1990 (P.L.585, No.148), known as the Confidentiality of HIV-Related Information Act.
20 Pa.C.S. § 5153 — PA Code / Title 20 / Chapter 51 / Section 5153
Provisions identical to other estates.
Status: in_force

The provisions concerning guardians and minors' estates shall be the same as those set forth in the following provisions of this title for personal representatives and for the administration of decedents' estates: Section 3355 (relating to restraint of sale). Section 3356 (relating to purchase by personal representative). Section 3358 (relating to collateral attack). Section 3359 (relating to record of proceedings; county where real estate lies). Section 3360 (relating to contracts, inadequacy of consideration or better offer; brokers' commissions). (Dec. 10, 1974, P.L.867, No.293, eff. imd.; Feb. 18, 1982, P.L.45, No.26, eff. imd.)
20 Pa.C.S. § 7213 — PA Code / Title 20 / Chapter 72 / Section 7213
Judgment of fiduciary's decisions.
Status: in_force

The rules of this chapter are standards of conduct and not of outcome or performance. Compliance with the rules of this chapter shall be determined in light of the facts and circumstances prevailing at the time of the fiduciary's decision or action and not by hindsight. A fiduciary is not liable to the extent the fiduciary acted in substantial compliance with the rules of this chapter or in reasonable reliance on the terms and provisions of the governing instrument. A fiduciary's investment and management decisions respecting individual assets shall be considered in the context of the trust portfolio as a whole and as part of an overall investment strategy, and not in isolation. No specific investment or course of action, taken alone, shall be considered inherently prudent or imprudent.
20 Pa.C.S. § 3540 — PA Code / Title 20 / Chapter 35 / Section 3540
Absentee and additional distributees.
Status: in_force

(a) Distributions due absentees.--

(1) If the continued existence or whereabouts of an heir, devisee or legatee who once existed cannot be ascertained at the time of the audit of the personal representative's account, the court, unless it finds pursuant to section 5701 (relating to proof of death) that the absentee's death has disqualified him as a distributee of the estate, or unless a trustee has been appointed for such absentee pursuant to section 5702 (relating to trustee for absentee), shall direct that any property distributable to the absentee shall be converted into money that shall be paid into the State Treasury, through the Department of Revenue. The moneys shall be held in a custodial capacity subject to refund, without appropriation, pursuant to section 24 of Article III of the Constitution of Pennsylvania.

(2) The court shall retain jurisdiction with respect to any claim to such moneys. Upon further findings and order

of court that a claimant is entitled to all or a part of the moneys, the Department of Revenue, upon petition, shall refund such moneys pursuant to the order of court.

(b) Possibility of additional distributees.--If the existence of a person or persons would affect the distribution of an estate but there is no proof that such a person ever existed, and the court is satisfied that all reasonable steps have been taken to determine whether such a person existed, the court may award distribution of the estate to those who would be entitled if no such person existed, with or without refunding bonds. Any such bond shall be without security, shall be in such form and amount as the court directs, shall be executed by each distributee and filed with the clerk, and shall provide that if, within seven years or any shorter period fixed by the court, it is later established that there is an additional person or persons entitled to share in the distribution of the estate, the distributee upon demand will return such portion or all of the property received by him as the court may direct or, if it has been disposed of, will make such restitution as the court deems equitable. In the case of distribution under this subsection to the Commonwealth as intestate heir, in lieu of bond, payment shall be as provided in subsection (a). (July 11, 1980, P.L.565, No.118, eff. imd.; Oct. 12, 1984, P.L.929, No.182, eff. imd.) Cross References. Section 3540 is referred to in section 7799.2 of this title.
20 Pa.C.S. § 8144 — PA Code / Title 20 / Chapter 81 / Section 8144
Principal receipts.
Status: in_force

A trustee shall allocate to principal any of the following:

(1) To the extent not allocated to income under this chapter, assets received from:

(i) a transferor during the transferor's lifetime;

(ii) a decedent's estate;

(iii) a trust with a terminating income interest; or

(iv) a payor under a contract naming the trust or its trustee as beneficiary.

(2) Money or other property received from a principal asset's sale, exchange, liquidation or change in form. This paragraph includes realized profit subject to this subchapter.

(3) Amounts recovered from third parties to reimburse the trust because of disbursements described in section 8162(a)(8) (relating to mandatory disbursements from principal) or for other reasons to the extent not based on the loss of income.

(4) Proceeds of property taken by eminent domain. A separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest is income.

(5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income.

(6) Other receipts as provided in sections 8148 (relating to insubstantial allocations not required) through 8155 (relating to asset-backed securities).
20 Pa.C.S. § 3393 — PA Code / Title 20 / Chapter 33 / Section 3393
Notice to Commonwealth and political subdivisions.
Status: in_force

When the Commonwealth or a political subdivision thereof has a claim for maintaining in an institution a person who has died in the institution, the personal representative, within three months after the grant of letters, shall give notice thereof to the Department of Revenue or to the proper officer of such political subdivision, as the case may be. Cross References. Section 3393 is referred to in section 7755 of this title.
20 Pa.C.S. § 8812 — PA Code / Title 20 / Chapter 88 / Section 8812
Bona fide payment by insurance company or obligor.
Status: in_force

Any insurance company making payment according to the terms of its policy or any bank or other person performing an obligation for the slayer or elder abuser as one of several joint obligees shall not be subject to additional liability by the terms of this chapter, if such payment or performance is made without notice of the killing by a slayer or elder abuse by an elder abuser. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 8657 — PA Code / Title 20 / Chapter 86 / Section 8657
Gift of vascularized composite allograft from decedent whose death is under investigation.
Status: in_force

(a) Applicability.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.

(b) Denial of recovery of vascularized composite allograft.--If a coroner or medical examiner is considering denying recovery of the vascularized composite allograft of an individual, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:

(1) The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the individual's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.

(2) The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the individual while at the hospital.

(3) If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of the vascularized composite allograft, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization

upon request. The coroner or medical examiner or a designee shall ensure the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(c) Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of the vascularized composite allograft as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of the vascularized composite allograft as set forth in subsection

(b). Cross References. Section 8657 is referred to in section 8660 of this title.
20 Pa.C.S. § 6403 — PA Code / Title 20 / Chapter 64 / Section 6403
Law applicable to registration.
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
20 Pa.C.S. § 776 — PA Code / Title 20 / Chapter 7 / Section 776
Testimony in proceedings removed from register.
Status: in_force

On appeal from the register, or in a proceeding removed from the register, the orphans' court division may find, upon the testimony taken before the register, that a substantial dispute of fact exists and grant a jury trial. When upon the testimony taken before the register a jury trial is not granted, the division shall hear the testimony de novo unless all parties appearing in the proceeding agree that the case be heard on the testimony taken before the register. In any event, the division may require witnesses already examined and other witnesses to appear before it. The division, in its discretion, may impanel a jury at any stage of the proceedings.
20 Pa.C.S. § 5486 — PA Code / Title 20 / Chapter 54 / Section 5486
Absence of order, bracelet or necklace.
Status: in_force

If an order has not been issued by an attending physician, a presumption does not arise as to the intent of the individual to consent to or to refuse the initiation, continuation or termination of life-sustaining treatment.
20 Pa.C.S. § 5612 — PA Code / Title 20 / Chapter 56 / Section 5612
Principles of law and equity.
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (July 2, 2014, P.L.855, No.95, eff. imd.) 2014 Amendment. Act 95 added section 5612. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.
20 Pa.C.S. § 921 — PA Code / Title 20 / Chapter 9 / Section 921
Wills.
Status: in_force

All probated wills shall be indexed and recorded by the register, and shall remain in his office, except for the period required to be in the custody of a higher court. The recording may be accomplished by photographic or other mechanical process.
20 Pa.C.S. § 26 — PA Code / Title 20 / Chapter 26 / Section 26
Applicability of Pennsylvania Uniform Transfers to Minors Act.
Status: in_force

(a) In general.--The addition of 20 Pa.C.S. Ch. 53 (relating to Pennsylvania Uniform Transfers to Minors Act) shall apply to a transfer within the scope of 20 Pa.C.S. § 5302 (relating to scope and jurisdiction) made after the effective date of this act if:

(1) the transfer purports to have been made under the Pennsylvania Uniform Gifts to Minors Act repealed by this act; or

(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Pennsylvania Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of 20 Pa.C.S. Ch. 53 is necessary to validate the transfer.

(b) Validation of transfers.--Any transfer of custodial property now defined in 20 Pa.C.S. § 5301(b) (relating to short title of chapter and definitions) made before the effective date of this act shall be validated notwithstanding that there was no specific authority in the Pennsylvania Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(c) Transfers prior to Act 152.--The addition of 20 Pa.C.S. Ch. 53 shall apply to all transfers made before the effective date of this act in a manner and form prescribed in the Pennsylvania Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this act.

Explanatory Note. Act 152 amended or added sections 711, 911, 2204, 2507, 2514 and 2515, Chapter 27, sections 3316, 3321, 3503, 3532, 3701, 3702, 3703, 3706 and 5164, repealed and added