20 Pa.C.S. § 768 — PA Code / Title 20 / Chapter 7 / Section 768
Manner of service; proof.
Status: in_force

Notice of any proceeding in an orphans' court division may be given within or outside the Commonwealth by personal service, by registered mail, by publication, or otherwise, as the division shall direct by general rule or special order. Notice

may be in the form of a citation served as provided in this section.
20 Pa.C.S. § 722 — PA Code / Title 20 / Chapter 7 / Section 722
Venue of trust estates.
Status: in_force

When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes shall be in the county where at the time being is the situs of the trust. The situs of the trust shall remain in the county of the court which first assumed jurisdiction of the trust, unless and until such court shall order a change of situs under the provisions of this chapter.
20 Pa.C.S. § 7307 — PA Code / Title 20 / Chapter 73 / Section 7307
Corporate bonds.
Status: in_force

(a) In general.--Any interest-bearing obligation, including bonds, notes, debentures, and car-trust certificates, issued, guaranteed, or assumed by, a corporation organized under the laws of the United States, 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.

(b) Definition.--As used in this section "corporation" shall include a voluntary association, a joint-stock association or company, a business trust, a Massachusetts trust, a common-law trust, a municipal or quasi-municipal corporation by whatever name called, 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.
20 Pa.C.S. § 5932 — PA Code / Title 20 / Chapter 59 / Section 5932
Registration of protective orders.
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this Commonwealth, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this Commonwealth by filing as a foreign judgment in a court of this Commonwealth, in any judicial district in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
20 Pa.C.S. § 7708 — PA Code / Title 20 / Chapter 77 / Section 7708
Situs of trust.
Status: in_force

(a) Specified in trust.--Without precluding other means for establishing a sufficient connection with the designated jurisdiction, the terms of a trust designating the situs of the trust are valid and controlling if:

(1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;

(2) all or part of the trust administration occurs in the designated jurisdiction;

(3) one or more of the beneficiaries resides in the designated jurisdiction; or

(4) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction.

(b) Unspecified in trust.--If the terms of a trust do not specify a situs:

(1) The situs of a testamentary trust shall be:

(i) in the county where letters were granted to the personal representative;

(ii) if letters under subparagraph (i) have not been granted, in a county where the letters might have been granted; or

(iii) if letters under subparagraph (i) have not been granted and are not subject to being granted, in a county in which any trustee resides or has a place of business.

(2) The situs of an inter vivos trust whose settlor is domiciled in this Commonwealth when the trust becomes irrevocable or, in the case of a revocable trust, when the first application is made to a court concerning the trust shall be:

(i) during the settlor's lifetime, either in the county of the settlor's principal residence or in the county in which any of the trustees resides or has a place of business; and

(ii) after the settlor's death:

(A) in the county in which letters have been granted to the settlor's personal representative;

(B) in a county in which letters might have been granted;

(C) in a county which is the principal place of the trust's administration; or

(D) in a county in which any trustee resides or has a place of business.

(3) The situs of an inter vivos trust whose settlor either is living and not domiciled in this Commonwealth at the time when the first application is made to a court concerning the trust or was not domiciled in this Commonwealth at the settlor's death after which the first application to a court concerning the trust is made thereafter shall be in a county where:

(i) a trustee's principal place of business is located or a trustee is a resident;

(ii) all or part of the trust administration occurs; or

(iii) one or more of the beneficiaries reside.

(c) Transfer.--By complying with subsections (d) and (e), the trustee may transfer the trust's situs to another jurisdiction if either immediately before or immediately after the proposed transfer:

(1) a trustee's principal place of business is located in or a trustee is a resident of the proposed jurisdiction;

(2) all or part of the trust administration occurs in the proposed jurisdiction; or

(3) one or more of the beneficiaries reside in the proposed jurisdiction.

(d) Notice of transfer.--The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's situs at least 60 days before the date as of which the trustee intends to change the situs. The notice of proposed transfer must include the following:

(1) The name of the jurisdiction to which the situs is to be transferred.

(2) The address and telephone number at the new location at which the trustee can be contacted.

(3) The reasons for the proposed transfer.

(4) The date on which the proposed transfer is anticipated to occur.

(5) A statement that if the situs is changed as the trustee proposes, venue will thereafter be in the county of the new situs consistent with section 7714 (relating to venue - UTC 204).

(6) The name and address of the court before which judicial actions involving the trust will be heard after the situs is changed as the trustee proposes.

(7) A statement that the change in situs will occur only if all qualified beneficiaries of the trust consent in writing to the change.

(e) Consent to transfer.--A trustee may transfer a trust's situs under this section without court approval if all the qualified beneficiaries of the trust consent in writing to the change.

(f) Successor trustee.--In connection with a transfer of the trust's situs, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of a trust or appointed pursuant to section 7764 (relating to vacancy in trusteeship; appointment of successor - UTC 704).

(g) Court-directed change in situs.--A court having jurisdiction of a testamentary or inter vivos trust, on application of a trustee or any party in interest, after notice as the court shall direct and aided if necessary by the report of a master and after accounting as the court shall require, may direct, notwithstanding any other provision of this chapter, that the situs of the trust shall be changed to any other place within or without this Commonwealth if the court shall find the change necessary or desirable for the proper administration of the trust.

(h) Claims not discharged.--A change in situs under this section does not discharge any claim against the trustee. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (a), (b) heading and intro. par. and (f). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 5319 — PA Code / Title 20 / Chapter 53 / Section 5319
Accounting by and determination of liability of custodian.
Status: in_force

(a) Petition.--A minor who has attained 14 years of age, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court for:

(1) an accounting by the custodian or the custodian's legal representative; or

(2) a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 5317 (relating to liability to third persons) to which the minor or the minor's legal representative was a party.

(b) Petition by successor custodian for accounting by predecessor.--A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) Court order to account.--The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(d) Court order when custodian removed.--If a custodian is removed under section 5318(f) (relating to removal for cause), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
20 Pa.C.S. § 5302 — PA Code / Title 20 / Chapter 53 / Section 5302
Scope and jurisdiction.
Status: in_force

(a) Application of chapter.--This chapter applies to a transfer that refers to this chapter in the designation under section 5309(a) (relating to manner of creating custodial property and effecting transfer) by which the transfer is made if, at the time of the transfer, the transferor, the minor or the custodian is a resident of this Commonwealth or the custodial property is located in this Commonwealth. The custodianship created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor or the custodian or the removal of custodial property from this Commonwealth.

(b) Jurisdiction over custodian.--A person designated as custodian under this chapter is subject to personal jurisdiction in this Commonwealth with respect to any matter relating to the custodianship.

(c) Laws of other states.--A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this Commonwealth if, at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state. 1992 Amendment. See section 26(a) of Act 152 of 1992 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5112 — PA Code / Title 20 / Chapter 51 / Section 5112
Persons not qualified to be appointed by the court.
Status: in_force

The court shall not appoint as guardian of the estate of a minor any person who is:

(1) Under 18 years of age.

(2) A corporation not authorized to act as fiduciary in the Commonwealth.

(3) A parent of the minor, except that a parent may be appointed a co-guardian with another fiduciary or fiduciaries. (Dec. 6, 1972, P.L.1461, No.331) 1972 Amendment. Act 331 amended par. (1).
20 Pa.C.S. § 5919 — PA Code / Title 20 / Chapter 59 / Section 5919
Proceedings in more than one state.
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this Commonwealth under section 5914(a)(1) or (2) (relating to special jurisdiction), if a petition for the appointment of a guardian or issuance of a protective order is filed in this Commonwealth and in another state and neither petition has been dismissed or withdrawn, all of the following apply:

(1) If the court in this Commonwealth has jurisdiction under section 5913 (relating to jurisdiction), it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5913 before the appointment or issuance of the order.

(2) If the court in this Commonwealth does not have jurisdiction under section 5913, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this Commonwealth shall dismiss the petition unless the court in the other state determines that the court in this Commonwealth is a more appropriate forum.
20 Pa.C.S. § 785 — PA Code / Title 20 / Chapter 7 / Section 785
Procedure on attachment execution.
Status: in_force

Writs of attachment execution 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 attachment executions issued out of the division of the court having jurisdiction over actions at law.
20 Pa.C.S. § 3323 — PA Code / Title 20 / Chapter 33 / Section 3323
Compromise of controversies.
Status: in_force

(a) In general.--Whenever it shall be proposed to compromise or settle any claim, whether in suit or not, by or against an estate, or to compromise or settle any question or dispute concerning the validity or construction of any governing instrument, or the distribution of all or any part of any estate, or any other controversy affecting any estate, the court, on petition by the personal representative or by any party in interest setting forth all the facts and circumstances, and after such notice as the court shall direct, aided if necessary by the report of a master, may enter a decree authorizing the compromise or settlement to be made.

(b) Pending court action.--

(1) Court order.--Whenever it is desired to compromise or settle an action in which damages are sought to be recovered on behalf of an estate, any court or division thereof in which such action is pending and which has jurisdiction thereof may, upon oral motion by plaintiff's counsel of record in such action, or upon petition by the personal representative of such decedent, make an order approving such compromise or settlement. Such order may approve an agreement for the payment of counsel fees and other proper expenses incident to such action.

(2) Order not subject to collateral attack.--The order of the court approving such compromise or settlement or an agreement for the payment of counsel fees and other expenses shall not be subject to collateral attack in the orphans' court division in the settlement of an estate.

(3) Filing copy of order; additional security.--The personal representative shall file a copy of the order of the court approving such compromise or settlement in the office of the register of wills or clerk of the court having jurisdiction of the estate. When the personal representative has been required to give bond, he shall not receive the proceeds of any such compromise or settlement until the court of the county having jurisdiction of his estate 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 3323 is referred to in sections 5144, 5521, 7792 of this title.
20 Pa.C.S. § 3392 — PA Code / Title 20 / Chapter 33 / Section 3392
Classification and order of payment.
Status: in_force

If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims due the United States, shall pay them in the following order, without priority as between claims of the same class:

(1) The costs of administration.

(2) The family exemption.

(3) The costs of the decedent's funeral and burial, and the costs of medicines furnished to him within six months of his death, of medical or nursing services performed for him within that time, of hospital services including

maintenance provided him within that time, of services provided under the medical assistance program provided within that time and of services performed for him by any of his employees within that time.

(4) The cost of a gravemarker.

(5) Rents for the occupancy of the decedent's residence for six months immediately prior to his death.

(5.1) Claims by the Commonwealth and the political subdivisions of the Commonwealth.

(6) All other claims. (Feb. 21, 2006, P.L.45, No.17, eff. imd.) Cross References. Section 3392 is referred to in section 7755 of this title.
20 Pa.C.S. § 2205 — PA Code / Title 20 / Chapter 22 / Section 2205
Transfers for value excluded.
Status: in_force

Conveyances and contracts made by the decedent are excluded from the provisions of section 2203 (relating to right of election; resident decedent) and section 2204 (relating to disclaimers, releases and charges against elective share), to the extent that the decedent received adequate consideration therefor in money or money's worth.
20 Pa.C.S. § 5307 — PA Code / Title 20 / Chapter 53 / Section 5307
Transfer by obligor.
Status: in_force

(a) Irrevocable transfer for benefit of minor.--Subject to subsections (b) and (c), a person not subject to section 5305 (relating to transfer authorized by will or trust) or 5306 (relating to other transfer by fiduciary) who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer).

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

(c) Transfer to minor's family or trust company.--If no custodian has been nominated under section 5303 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value. Cross References. Section 5307 is referred to in section 5320 of this title.
20 Pa.C.S. § 5453 — PA Code / Title 20 / Chapter 54 / Section 5453
Requirements and options.
Status: in_force

(a) General rule.--A health care power of attorney shall:

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

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

(b) Optional provisions.--A health care power of attorney may, but need not:

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

(2) Indicate the intent of the principal regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment.

(3) Indicate whether the principal wants tube feeding or any other artificial or invasive form of nutrition or hydration.

(4) Disqualify an individual from acting as a health care representative, prohibit the appointment of a health care representative or provide for an order of priority of appointment of a health care representative pursuant to section 5461(d) (relating to decisions by health care representative).

(5) Nominate a guardian of the person of the principal as provided in section 5460 (relating to relation of health care agent to court-appointed guardian and other agents).

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

(7) Request that the health care agent or health care representative exercise his sole and absolute discretion to consult the principal's relative, cleric or physician should the health care agent or health care representative be uncertain of the principal's wishes or best interests.
20 Pa.C.S. § 3329 — PA Code / Title 20 / Chapter 33 / Section 3329
Effect of revocation of letters, probate of will, later will or codicil.
Status: in_force

No act of administration performed by a personal representative in good faith shall be impeached by the subsequent revocation of his letters or by the subsequent probate of a will, of a later will or of a codicil: Provided, That regardless of the good or bad faith of the personal representative, no person who deals in good faith with a duly qualified personal representative shall be prejudiced by the subsequent occurrence of any of these contingencies.
20 Pa.C.S. § 8306 — PA Code / Title 20 / Chapter 83 / Section 8306
Title of purchaser.
Status: in_force

If such bond, if any, as has been required by the court, has been given, the title acquired through any sale, mortgage, lease or exchange made pursuant to a decree of the court shall be indefeasible by any person ascertained or unascertained, or any class of persons, referred to in the petition or decree and having a present or expectant interest in the property, and shall be unprejudiced by any error in the proceedings. No party who pays cash or other consideration pursuant to the decree shall be liable to see to the proper application thereof, nor shall he be in any manner subject to any trust limitation on, or defect in, the title set out in the petition or decree. Any sale or exchange under this chapter 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 so consent by writing filed in the proceeding.
20 Pa.C.S. § 4104 — PA Code / Title 20 / Chapter 41 / Section 4104
Proof of authority in court proceedings.
Status: in_force

Upon commencing any proceeding in any court of the Commonwealth, the foreign fiduciary, in addition to the requirements of section 4101 (relating to in general), shall file with the court in which the proceeding is commenced, an exemplified copy of his official bond, if he has given a bond. If the court believes that he should furnish security or additional security in the Commonwealth or in the domiciliary jurisdiction, it may, at any time, order the action or proceeding stayed until sufficient security is furnished.
20 Pa.C.S. § 751 — PA Code / Title 20 / Chapter 7 / Section 751
Appointment; purpose.
Status: in_force

The orphans' court division may appoint:

(1) Masters.--A master to investigate any issue of fact and to report his findings of fact, conclusions of law and recommendations to the court.

(2) Auditors of accounts of fiduciaries.--Except in the circumstances prohibited by law, an auditor to examine and audit an account and to determine distribution.

(3) Auditors to state accounts.--An auditor to state an account when a proper account cannot be obtained from a fiduciary or other person required to state an account.

(4) Examiners of assets.--By general rule or special order, an examiner or examiners to make periodic or special examinations of assets of estates or trusts, and to require all persons in whose custody or control such assets may be held to present them for examination.

(5) Guardians and trustees ad litem.--On petition or on its own motion, a guardian or a trustee ad litem to represent the interest, not already represented by a fiduciary, of:

(i) a person not sui juris; or

(ii) an absentee; or

(iii) a presumed decedent; or

(iv) an unborn or unascertained person.

(6) Representation of parties in interest.--Persons interested in an estate as beneficiary or heir, if minors or otherwise legally incapacitated, and possible unborn or unascertained persons, may be represented in a judicial proceeding by a guardian or trustee ad litem if the court deems necessary. The court may dispense with the appointment of a guardian or trustee ad litem for a person who is a minor or otherwise legally incapacitated, unborn or unascertained if there is a living person sui juris having a similar interest or if such person is or would be issue of a living ancestor sui juris and interested in the estate whose interest is not adverse to his. If the whereabouts of any beneficiary or heir is unknown or if there is doubt as to his existence, the court shall provide for service of notice

and representation in the judicial proceeding as it deems proper. (Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 7, 2006, P.L.625, No.98, eff. 120 days) 2006 Amendment. Act 98 amended par. (6).
20 Pa.C.S. § 5532 — PA Code / Title 20 / Chapter 55 / Section 5532
Where accounts filed.
Status: in_force

All accounts of guardians shall be filed in the office of the clerk.
20 Pa.C.S. § 772 — PA Code / Title 20 / Chapter 7 / Section 772
Injunctions (Repealed).
Status: repealed

1978 Repeal. Section 772 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 2518 — PA Code / Title 20 / Chapter 25 / Section 2518
Alienage.
Status: in_force

Real and personal estate shall pass without regard to whether the testator or any devisee or legatee is or has been an alien.
20 Pa.C.S. § 6109 — PA Code / Title 20 / Chapter 61 / Section 6109
Combination of charitable trusts (Repealed).
Status: repealed

1980 Repeal. Section 6109 was repealed July 11, 1980, P.L.565, No.118, effective in 60 days.
20 Pa.C.S. § 4302 — PA Code / Title 20 / Chapter 43 / Section 4302
Petition for relief; joinder of parties; notice.
Status: in_force

The relief authorized by section 4301 (relating to appointment of temporary fiduciary) may be granted upon petition of any party in interest, including the fiduciary himself or any cofiduciary. It shall not be necessary to secure the joinder of any other party in interest in such petition, but notice of the presentation of the petition shall be given in such manner as the court may direct by general rule or special order.
20 Pa.C.S. § 5167 — PA Code / Title 20 / Chapter 51 / Section 5167
Failure to present claim at audit.
Status: in_force

(a) In general.--Any person who at the audit of a guardian's account has a claim which arose out of the administration of the estate of a minor or arises out of the distribution of a minor's estate or upon an accounting of the guardian of the estate of a minor, whether the minor is still a minor or has attained his majority, and which is not reported to the court as an admitted claim, and who shall fail to present his claim at the call for audit or confirmation, shall be forever barred, against:

(1) any property of the minor distributed pursuant to such audit or confirmation;

(2) the minor, if then of full age; and

(3) except as otherwise provided in section 3521 (relating to rehearing; relief granted), any property of the minor awarded back to a continuing or succeeding guardian pursuant to such audit or confirmation.

(b) Effect on lien or charge.--Nothing in subsection (a) of this section shall be construed as impairing any lien or charge on real or personal estate of the minor existing at the time of audit. Cross References. Section 5167 is referred to in section 5533 of this title.
20 Pa.C.S. § 5321 — PA Code / Title 20 / Chapter 53 / Section 5321
Delay in transfer of custodial property after minor attains age 21.
Status: in_force

(a) General rule.--Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under or pursuant to section 5303 (relating to nomination of custodian), 5304 (relating to transfer by gift or exercise of power of appointment) or 5305 (relating to transfer authorized by will or trust) may be delayed until a specified time after the time the minor attains 21 years of age, which time shall be specified in the transfer pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer).

(b) How to specify a delayed time for transfer.--To specify a delayed time for transfer to the minor of the custodial property, the words "as custodian for (name of minor) until age (age for delivery of property to minor) under the Pennsylvania

Uniform Transfers to Minors Act" shall be substituted in substance for the words "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act" in making the transfer pursuant to section 5309.

(c) Transfer authorized by will or trust; nomination of custodian.--The time for transfer to the minor of custodial property transferred under or pursuant to section 5303 or 5305 may be delayed under this section only if the governing will or trust or nomination provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age, and in that case the governing will or trust or nomination shall determine the time to be specified in the transfer pursuant to section 5309.

(d) Transfer by exercise of power appointment.--The time for transfer to the minor of custodial property transferred by the irrevocable exercise of a power of appointment under section 5304 may be delayed under this section only if the transfer pursuant to section 5309 provides in substance that the custodianship is to continue until the time the minor attains a specified age, which time may not be later than the time the minor attains 25 years of age.

(e) When section not applicable.--This section shall not apply to the time for transfer to the minor of custodial property transferred by irrevocable gift under section 5304.

(f) When transfer does not specify age.--If the transfer pursuant to section 5309 does not specify any age, the time for the transfer of the custodial property to the minor under section 5320 (relating to termination of custodianship) is the time when the minor attains 21 years of age.

(g) When transfer provides for a longer duration of custodianship than permitted by this section.--If the transfer pursuant to section 5309 provides in substance that the duration of the custodianship is for a time longer than the maximum time permitted by this section for the duration of a custodianship created by that type of transfer, the custodianship shall be deemed to continue only until the time the minor attains the maximum age permitted by this section for the duration of a custodianship created by that type of transfer. (May 16, 2002, P.L.330, No.50, eff. 60 days) 2002 Amendment. Act 50 added section 5321. See section 14(a) of Act 50 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5321 is referred to in sections 5301, 5320 of this title.
20 Pa.C.S. § 7723 — PA Code / Title 20 / Chapter 77 / Section 7723
Representatives and persons represented.
Status: in_force

The following rules except as set forth in paragraph (7) apply to the extent there is no conflict of interest with respect to the matter at issue between the representative and the person or persons represented that might affect the impartiality of the representative and, if two or more persons are being represented, to the extent there is no conflict of interest with respect to the matter at issue between or among the persons represented that might affect the impartiality of the representative:

(1) A plenary guardian represents the person whose estate the guardian supervises, and a limited guardian represents the person whose estate the guardian supervises within the scope of authority prescribed by the court order that defines the guardian's authority.

(2) An agent under a general power of attorney represents the agent's principal, and an agent under a limited power of attorney represents the principal within the scope of the agent's authority under the power of attorney.

(3) Where property or an interest in property is vested in a class of persons, the living sui juris class members represent the class members who are minors, unborn, unknown or unascertained.

(4) Where property or an interest in property will pass to a class of persons upon the occurrence of a future event, the living sui juris class members represent the class members who are minors, unborn, unknown or unascertained. The class members entitled to represent other class members or potential class members are the persons who would take the property or interest in property if the future event had occurred immediately before the commencement of the judicial proceeding relating to the property or interest in property or immediately before the effective date of the nonjudicial resolution of the matter.

(5) Where property or an interest in property will pass to a person, class of persons or both upon the occurrence of a future event, but the property or interest in property will pass to another person, class of persons or both upon the occurrence of an additional future event, the person, class of persons or both who would take upon the occurrence of the first event represents the person, class of persons or both who would take upon the occurrence of the additional event, provided their interests are identical or substantially similar for purposes of the particular trust matter. If a class of persons would take upon the occurrence of the first event, paragraph (4) applies to representation between or among the class.

(6) A person represents all minors or unborn individuals and persons whose identity or location is unknown and not reasonably ascertainable, to the extent such persons are not otherwise represented, if the interests of the person and the person represented are substantially identical with respect to the particular question or dispute involved.

(7) Whether or not there is a conflict of interest described in this section, the sole holder or all coholders of a presently exercisable or testamentary power of appointment represent all potential appointees and all takers

in default of exercise of the power of appointment if the holder may appoint to:

(i) the holder's estate, the holder's creditors or the creditors of the holder's estate; or

(ii) anyone other than the holder's estate, the holder's creditors and the creditors of the holder's estate.

(8) The sole holder or all coholders of a presently exercisable or testamentary power of appointment not described in paragraph (7) represent all potential appointees and all takers in default of exercise of the power who are also potential appointees.

(9) Except as provided in paragraph (1), a person represents the person's minor and unborn descendants. Cross References. Section 7723 is referred to in sections 7722, 7724 of this title.
20 Pa.C.S. § 8611 — PA Code / Title 20 / Chapter 86 / Section 8611
Persons who may execute anatomical gift.
Status: in_force

(a) General rule.--Any individual of sound mind and 18 years of age or more may give all or any part of his body for any purpose specified in section 8612 (relating to persons who may become donees; purposes for which anatomical gifts may be made), the gift to take effect upon death. Any agent acting under a power of attorney, health care power of attorney or other document which expressly authorizes the agent to make anatomical gifts may effectuate a gift for any purpose specified in section 8612. Any individual who is a minor and 16 years of age or older may effectuate a gift for any purpose specified in section 8612, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's learner's permit or driver's license or other document of gift. A gift of the whole body shall be invalid unless made in writing at least 15 days prior to the date of death or consent is obtained from the legal next of kin. Where there are adult children of the deceased who are not children of the surviving spouse, their consent shall also be required for a gift of the whole body for anatomical study.

(b) Entitled to donate anatomy of decedent.--Subject to subsection (b.1), any of the following persons who are reasonably available, in order of priority stated, when persons in prior classes are not reasonably available at the time of death, and in the absence of known objections by the decedent or by a member of a prior class, may give all or any part of the decedent's body, with the exception of a vascularized composite allograft, for any purpose specified in section 8612:

(1) An agent of the decedent at the time of death if the agent is expressly authorized to make the gift.

(2) The spouse of the decedent, unless an action for divorce is pending.

(3) An adult child of the decedent.

(4) A parent of the decedent.

(5) An adult sibling of the decedent.

(6) An adult grandchild of the decedent.

(7) A grandparent of the decedent.

(8) Any other person related to the decedent by blood, marriage or adoption.

(9) A guardian of the person of the decedent.

(10) A person authorized or obligated to dispose of the decedent's body.

(b.1) Anatomical gifts prohibited in certain circumstances.--An anatomical gift may not be made by a person set forth in subsection (b) if, before an incision has been made to remove a part from the decedent's body or before invasive procedures have begun to prepare an intended recipient, any of the following apply:

(1) The district attorney or a law enforcement officer notifies the organ procurement organization that the person is a suspect or a person of interest in causing the disease, illness, injury or condition of the decedent.

(2) The person is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation), or a similar order from a court that was issued to the decedent.

(3) The district attorney or a law enforcement officer notifies the organ procurement organization that the person has been arrested or detained in connection with the condition of the decedent.

(b.2) Documentation required.--The organ procurement organization shall document the procedure taken to contact any of the persons in subsection (b). Such documentation shall be maintained by the organ procurement organization for a minimum of six years.

(b.3) No obligation to make gift.--The following apply:

(1) A person described in subsection (b)(2), (3), (4),

(5), (6), (7), (8), (9) or (10) does not have a legal obligation to consent to making a gift of the decedent's body or part of the body.

(2) Before making a gift of the decedent's body or part of the body, a person described in subsection (b)(2), (3),

(4), (5), (6), (7), (8), (9) or (10) is encouraged to consider the decedent's moral and religious beliefs regarding anatomical donation, if those beliefs are known to the person.

(c) Donee not to accept in certain cases.--

(1) The donee may not accept a gift under any of the following circumstances:

(i) The donee knows of an objection by the decedent.

(ii) The donee knows that a gift by a member of a class is opposed by a reasonably available member of a prior class.

(iii) The donee knows that a gift by a member of a class is opposed by at least 50% of the reasonably available members of the same class.

(2) The persons authorized by subsection (b) may make the gift after or immediately before death.

(d) Examinations.--A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e) Rights of donee paramount.--The rights of the donee created by the gift are paramount to the rights of others except

as provided by section 8616(d) (relating to rights and duties at death). (June 18, 1998, P.L.529, No.74, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 amended subsecs. (a), (b) and (c) and added subsecs. (b.1), (b.2) and (b.3). Section 11(3) of Act 90 provided that the amendment of section 8611 shall take effect upon publication of the notice under section 8629. 1999 Amendment. See section 13(7) of Act 39 in the appendix to this title for special provisions relating to applicability. Cross References. Section 8611 is referred to in sections 305, 8613, 8616, 8617, 8653 of this title.
20 Pa.C.S. § 5807 — PA Code / Title 20 / Chapter 58 / Section 5807
Rights and responsibilities.
Status: in_force

(a) Declarants and principals.--Persons who execute a declaration or a mental health power of attorney shall have the following rights and responsibilities:

(1) For the purposes of this chapter, persons are presumed capable of making mental health decisions, including the execution of a mental health declaration or power of attorney, unless they are adjudicated incapacitated, involuntarily committed or found to be incapable of making mental health decisions after examination by a psychiatrist and one of the following: another psychiatrist, psychologist, family physician, attending physician or mental health treatment professional. Whenever possible, at least one of the decision makers shall be a treating professional of the declarant or principal.

(2) Persons shall be required to notify their mental health care provider of the existence of any declaration or mental health power of attorney.

(3) Persons shall execute or amend their declarations or mental health powers of attorney every two years; however, if a person is incapable of making mental heath care decisions at the time this document would expire, the document shall remain in effect and be reviewed at the time when the person regains capacity.

(4) Persons shall give notice of amendment and revocation to providers, agents and guardians, if any.

(b) Providers.--Mental health treatment providers shall have the following rights and responsibilities:

(1) Inquire as to the existence of declarations or powers of attorney for persons in their care.

(2) Inform persons who are being discharged from treatment about the availability of mental health declarations and powers of attorney as part of discharge planning.

(3) Not require declarations or powers of attorney as conditions of treatment. Mental health treatment providers may not choose whether to accept a person for treatment based solely on the existence or absence of a mental health declaration or power of attorney.
20 Pa.C.S. § 792 — PA Code / Title 20 / Chapter 7 / Section 792
Right of appeal (Repealed).
Status: repealed

1978 Repeal. Section 792 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 3303 — PA Code / Title 20 / Chapter 33 / Section 3303
Supplemental inventory.
Status: in_force

Whenever any property not included in the inventory comes to the knowledge of the personal representative, he shall file, within 30 days of its discovery, a supplemental inventory thereof with the register.
20 Pa.C.S. § 5485 — PA Code / Title 20 / Chapter 54 / Section 5485
Revocation.
Status: in_force

(a) Patient.--If a patient has obtained an order, only the patient may revoke the patient's DNR status.

(b) Surrogate.--If a surrogate has obtained an order, the patient or the surrogate may revoke a patient's status.

(c) Manner.--Revocation under this section may be done at any time without regard to the patient's physical or mental condition and in any manner, including verbally or by destroying or not displaying the order, bracelet or necklace.
20 Pa.C.S. § 7901 — PA Code / Title 20 / Chapter 79 / Section 7901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Charitable Instruments Act.
20 Pa.C.S. § 7709 — PA Code / Title 20 / Chapter 77 / Section 7709
Methods and waiver of notice - UTC 109.
Status: in_force

(a) Notice generally.--Notice to a person under this chapter or the sending of a document to a person under this chapter

must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business and a properly directed electronic message.

(b) Unknown identity or location.--Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee, but the trustee shall create and maintain indefinitely a written record of the steps the trustee took to identify or locate the person.

(c) Waiver.--Notice under this chapter or the sending of a document under this chapter may be waived in writing by the person to be notified or sent the document.

(d) Notice of judicial proceeding.--Notice of a judicial proceeding must be given as provided in the applicable rules of court. Cross References. Section 7709 is referred to in section 7785.1 of this title.
20 Pa.C.S. § 7726 — PA Code / Title 20 / Chapter 77 / Section 7726
Representation ineffective if person objects.
Status: in_force

Notwithstanding the provisions of this subchapter, a person may not represent another who is sui juris and files a written objection to representation with the trustee.
20 Pa.C.S. § 7785.1 — PA Code / Title 20 / Chapter 77 / Section 7785.1
Nonjudicial account settlement.
Status: in_force

(a) Election.--A trustee may elect to proceed under this section to obtain a nonjudicial settlement of account when:

(1) the trust terminates in whole or in part;

(2) the trustee ceases or intends to cease to serve for any reason; or

(3) the trustee seeks discharge for an interim accounting period when the trust is continuing.

(b) Mandatory notice.--Within a reasonable time after a trustee elects to proceed under this section, the trustee shall give notice of a request for nonjudicial account settlement in the manner and to the extent required by section 7709(a), (b) and (c) (relating to methods and waiver of notice - UTC 109) to:

(1) the qualified beneficiaries of the trust;

(2) any other beneficiary who has sent the trustee a written request for notice;

(3) any person who has the notification rights of a beneficiary under section 7710 (relating to notice; others treated as beneficiaries - UTC 110); and

(4) any cotrustee, trust director or similar fiduciary or successor trustee.

(c) Permissive notice.--The trustee may also provide notice to any other person who the trustee reasonably believes may have an interest in the trust.

(d) Representation.--Whether notice is mandatory or permissive, the trustee may give notice to a representative in accordance with Subchapter C (relating to representation). The time period for the presumption of the representative's acceptance of the representation shall be deemed to run concurrently with the notice period provided under this section.

(e) Contents of notice.--The notice under subsection (b) or (c) shall provide:

(1) The reason for providing notice under this section.

(2) To the extent applicable, the proposed distribution of the net assets of the trust, including the distributees and proportions to be distributed.

(3) To the extent applicable, an estimate of disbursements anticipated to be made prior to distribution, including legal fees and trustee fees, if any.

(4) Trust account statements showing all transactions, the fair market value of all assets and realized and unrealized gains and losses on assets held in the account for 30 months prior to the date a trust terminates, the cessation of the trustee's service or statement of intent to cease to serve, or the end of the interim accounting period, or for the entire term of the trust if the term of the trust is shorter than the 30-month period.

(5) A statement that the trustee seeks settlement of the account of the trust, including the period of time for which the trustee seeks discharge of the account of the trust, and that clearly and conspicuously states that claims against a trustee under Subchapter I (relating to liability of trustees and rights of persons dealing with trustees) and section 7754 (relating to actions contesting validity of revocable trust), if applicable, will be forever barred if no objections are received within the time period described in subsection (g).

(6) The name and mailing address of the trustee.

(7) The name and telephone number of a person who may be contacted for additional information.

(f) Distributions.--To the extent applicable, distributions from a terminating trust, and any fees and expenses due or anticipated as of the date that the settlement of account is requested, may be held by or on behalf of the trustee until the settlement of account is approved or deemed approved as provided by this section.

(g) Objection.--A person provided notice under subsection

(b) or (c) may object to the settlement of account by giving written notice to the trustee within 60 days after the notice was sent. If a person given notice under subsection (b) or (c) makes timely objections to the settlement of account, the trustee or the person making the objections may:

(1) submit the written objection to the court and commence a proceeding for its resolution; or

(2) resolve the objection by nonjudicial settlement agreement under section 7710.1 (relating to nonjudicial settlement agreements - UTC 111) or otherwise.

(h) Approval.--If no timely objections are raised under subsection (g), or objections are resolved as provided by subsection (g), the settlement of account shall be deemed approved and any assets held in trust shall, within a reasonable time thereafter, be distributed subject to payment of expenses

as provided in subsection (f) or shall continue to be administered in trust subject to payment of expenses.

(i) Reliance.--The trustee may rely upon the written statement of a person receiving notice that the person does not object.

(j) Limitation of action and preclusive effect.--

(1) When a settlement of account is deemed approved under this section for a terminated trust or with respect to the duties of a trustee who ceased to serve or stated an intent to cease to serve, each person who was sent notice as provided by subsection (b) or (c) is barred from bringing a claim against the trustee or challenging the distribution of assets of the trust to the same extent and with the same preclusive effect as if the court had entered a final, unappealable order approving the trustee's final account.

(2) When a settlement of account for a trustee seeking final settlement of an interim trust account is deemed approved under this section, each person who was sent notice as provided by subsection (b) or (c) is barred from bringing a claim against the trustee for the period of the interim trust account to the same extent and with the same preclusive effect as if the court had entered a final, unappealable order approving the trustee's interim trust account.

(k) Representation.--The provisions of Subchapter C shall apply to an account settlement under this section.

(l) Filing account.--Nothing in this section shall preclude a trustee from proceeding under section 7797 (relating to filing accounts) or 7710.1. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 added section 7785.1. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 3133 — PA Code / Title 20 / Chapter 31 / Section 3133
Limit of time for probate.
Status: in_force

(a) Original probate.--A will may be offered for probate at any time.

(b) Conclusiveness of original probate.--The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in section 908 (relating to appeals), or the probate record shall have been amended as authorized by section 3138 (relating to later will or codicil).

(c) Effect upon grantee or lienholder.--A will offered for original or subsequent probate more than one year after the testator's death shall be void against a bona fide grantee or holder of a lien on real estate of the testator if the conveyance or lien is entered of record before the will is offered for probate. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days) 1980 Amendment. Act 118 amended subsec. (c). 1974 Amendment. Act 293 amended subsec. (a).
20 Pa.C.S. § 7771 — PA Code / Title 20 / Chapter 77 / Section 7771
Duty to administer trust - UTC 801.
Status: in_force

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with applicable law. (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 7771 is referred to in section 7705 of this title.
20 Pa.C.S. § 5905 — PA Code / Title 20 / Chapter 59 / Section 5905
Cooperation between courts.
Status: in_force

(a) Initiation.--In a guardianship or protective proceeding in this Commonwealth, a court of this Commonwealth may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing.

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.

(3) Order that an evaluation or assessment be made of the respondent.

(4) Order any appropriate investigation of a person involved in a proceeding.

(5) Forward to the court of this Commonwealth a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2) and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.

(7) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 CFR 160.103 (relating to definitions).

(8) Take or refrain from taking any other action to facilitate the prompt and fair resolution of matters subject to this chapter.

(b) Response.--If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this Commonwealth has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
20 Pa.C.S. § 7704 — PA Code / Title 20 / Chapter 77 / Section 7704
Knowledge - UTC 104.
Status: in_force

(a) When person has knowledge.--For the purposes of this chapter and subject to subsection (b), a person has knowledge of a fact involving a trust if the person has:

(1) actual knowledge of it;

(2) received a notice or notification of it; or

(3) reason to know it from all the facts and circumstances known to the person at the time in question.

(b) Employees.--For the purposes of this chapter, an organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
20 Pa.C.S. § 7780.13 — PA Code / Title 20 / Chapter 77 / Section 7780.13
Application - UDTA 3.
Status: in_force

(a) General rule.--This subchapter applies to a trust, whenever and wherever created, that is governed by Pennsylvania law.

(b) Exclusion.--This subchapter has no application to decisions or actions that occurred before the effective date of this subchapter.
20 Pa.C.S. § 2208 — PA Code / Title 20 / Chapter 22 / Section 2208
Forfeiture of right of election.
Status: in_force

A surviving spouse who under the provisions of section 2106 (relating to forfeiture) would not be entitled to a share of the decedent's estate had he died intestate shall have no right of election.
20 Pa.C.S. § 7319 — PA Code / Title 20 / Chapter 73 / Section 7319
Directions of testator or settlor.
Status: in_force

(a) General rule.--The testator or settlor in the instrument establishing a trust may prescribe the powers, duties and liabilities of the fiduciary regarding the investment or noninvestment of principal and income and the acquisition, by purchase or otherwise, retention, and disposition, by sale or otherwise, of any property which, at any time or by reason of any circumstance, shall come into his control; and whenever any such provision shall conflict with this chapter, such provision shall control notwithstanding this chapter, unless the court having jurisdiction over the trust shall otherwise decree pursuant to subsection (b) of this section. In the absence, however, of an express restriction to the contrary in the trust instrument, the fiduciary may invest in any investment authorized by this chapter.

(b) Exception.--Where the instrument establishing a trust contains a restriction on the fiduciary's power of investment and the court having jurisdiction over the trust finds that adherence to the restriction is impractical or that the existing or reasonably foreseeable economic conditions are so far different from those prevailing at the creation of the trust that adherence to the restriction might deprive the respective beneficiaries of income and principal of the full benefits the testator or settlor intended them to enjoy, the court may release the fiduciary from the restriction to such extent and on such conditions, if any, as the court may deem appropriate. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 amended subsec. (b).
20 Pa.C.S. § 8154 — PA Code / Title 20 / Chapter 81 / Section 8154
Derivatives and options.
Status: in_force

(a) Derivatives.--To the extent that a trustee does not account under section 8143 (relating to business and other activities conducted by trustee) for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions.

(b) Options.--If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option must be allocated to principal. An amount paid to acquire the option must be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor or testator of the trust for services rendered, must be allocated to principal.

(c) Definition.--As used in this section, "derivative" means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets. Cross References. Section 8154 is referred to in sections 8143, 8144, 8146, 8150 of this title.
20 Pa.C.S. § 7506 — PA Code / Title 20 / Chapter 75 / Section 7506
Certain powers of beneficiaries not exercisable.
Status: in_force

(a) General rule.--No beneficiary of a trust in an individual, trustee or other capacity may appoint himself or herself as trustee or remove a trustee and appoint in place of the trustee so removed a trustee who is related or subordinate to the beneficiary within the meaning of section 672(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 672(c)) in each case unless:

(1) the trustee's discretionary power to make distributions to or for the beneficiary is limited by an ascertainable standard relating to the beneficiary's health, education, support or maintenance within the meaning of sections 2041 and 2514 of the Internal Revenue Code of 1986 (26 U.S.C. §§ 2041 and 2514);

(2) the trustee's discretionary power may not be exercised to satisfy any of the beneficiary's legal obligations for support or other purposes; and

(3) the trustee's discretionary power may not be exercised to grant to the beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary's estate or the creditors of either within the meaning of section 2041 of the Internal Revenue Code of 1986 (26 U.S.C. § 2041).

(b) Exceptions.--This section shall not apply:

(1) if the appointment of the trustee by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust subject to the power which is adverse to the exercise of the power in favor of the beneficiary within the meaning of section 2041(b)(1)(C)(ii) of the Internal Revenue Code of 1986 (26 U.S.C. § 2041(b)(1)(C)(ii)) or the appointment is in conformity with a procedure governing appointments approved by the court before December 21, 1998;

(2) to any beneficiary who possesses in an individual capacity an unlimited right to withdraw the entire principal of the trust or has a general testamentary power of appointment over the entire principal of the trust; or

(3) to a trust created under a governing instrument executed on or before March 21, 1999, if no part of the principal of the trust would have been included in the gross estate of the beneficiary for Federal estate tax purposes if the beneficiary had died on March 21, 1999. (July 7, 2006, P.L.625, No.98, eff. 60 days)
20 Pa.C.S. § 8104 — PA Code / Title 20 / Chapter 81 / Section 8104
Trustee's power to adjust.
Status: in_force

(a) Adjustment.--Subject to subsections (c) and (f), a trustee may adjust between principal and income by allocating an amount of income to principal or an amount of principal to income to the extent the trustee considers appropriate if:

(1) the governing instrument describes what may or must be distributed to a beneficiary by referring to the trust's income; and

(2) the trustee determines, after applying the rules in section 8103(a) (relating to fiduciary duties; general principles), that the trustee is unable to comply with section 8103(b).

(b) Considerations.--In deciding whether and to what extent to exercise the power conferred by subsection (a), a trustee may consider, among other things, all of the following:

(1) The size of the trust.

(2) The nature and estimated duration of the trust.

(3) The liquidity and distribution requirements of the trust.

(4) The needs for regular distributions and preservation and appreciation of capital.

(5) The expected tax consequences of an adjustment.

(6) The net amount allocated to income under the other sections of this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available.

(7) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor or testator.

(8) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument.

(9) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income.

(10) The intent of the settlor or testator.

(11) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation.

(c) Prohibited adjustments.--A trustee may not make an adjustment under this section if any of the following apply:

(1) The adjustment would diminish the income interest in a trust which requires all of the income to be paid at least annually to a spouse and for which a Federal estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment.

(2) The adjustment would reduce the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a Federal gift tax exclusion.

(3) The adjustment would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets.

(4) The adjustment is from any amount which is permanently set aside for charitable purposes under the governing instrument and for which a Federal estate or gift tax charitable deduction has been taken unless both income and principal are so set aside.

(5) If:

(i) possessing or exercising the power to make an adjustment would cause an individual to be treated as

the owner of all or part of the trust for Federal income tax purposes; and

(ii) the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment.

(6) If:

(i) possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be subject to Federal estate or gift tax with respect to an individual; and

(ii) the assets would not be subject to Federal estate or gift tax with respect to the individual if the trustee did not possess the power to make an adjustment.

(7) If the trustee is a beneficiary of the trust.

(8) If the trust has been converted under section 8105 (relating to power to convert to unitrust).

(d) Permissible adjustment when otherwise prohibited.--If subsection (c)(5), (6) or (7) applies to a trustee and there is more than one trustee, a co-trustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument.

(e) Release of the power to adjust.--

(1) If paragraph (2) applies, a trustee may release any of the following:

(i) The entire power conferred by subsection (a).

(ii) The power to adjust from income to principal.

(iii) The power to adjust from principal to income.

(2) A release under paragraph (1) is permissible if any of the following apply:

(i) The trustee is uncertain about whether possessing or exercising the power will cause a result described in subsection (c)(1) through (6).

(ii) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c).

(3) The release may be permanent or for a specified period, including a period measured by the life of an individual.

(f) Application.--A governing instrument which limits the power of a trustee to make an adjustment between principal and income does not affect the application of this section unless it is clear from the governing instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a). (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 amended subsec. (c)(4). Cross References. Section 8104 is referred to in sections 7780.17, 8103, 8105, 8148, 8149, 8153 of this title.
20 Pa.C.S. § 7798 — PA Code / Title 20 / Chapter 77 / Section 7798
Failure to present claim at audit.
Status: in_force

(a) Applicability.--This section applies to a person that, at the audit of a trustee's account, has a claim that:

(1) arose out of the administration of trust property or arises out of the distribution of trust property upon any interim or final accounting of the trust; and

(2) is not reported to the court as an admitted claim.

(b) Bar.--A person that fails, at the call for audit or confirmation, to present a claim under subsection (a) shall be forever barred from making a claim against:

(1) trust property distributed pursuant to the audit or confirmation;

(2) a distributee of trust property distributed pursuant to the audit or confirmation; and

(3) except as otherwise provided in section 3521 (relating to rehearing; relief granted), trust property awarded back upon further trust pursuant to the audit or confirmation.

(c) Liens and charges unimpaired.--Nothing in this section shall be construed as impairing any lien or charge on real or personal estate of the trust existing at the time of the audit. Cross References. Section 7798 is referred to in section 7785 of this title.
20 Pa.C.S. § 5310 — PA Code / Title 20 / Chapter 53 / Section 5310
Single custodianship.
Status: in_force

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
20 Pa.C.S. § 3126 — PA Code / Title 20 / Chapter 31 / Section 3126
Grantee or lienholder.
Status: in_force

(a) Rights accruing before death; purchase money obligation.--Nothing in Subchapter A of this chapter (relating to dispositions independent of letters) and this subchapter shall be construed as impairing any lien existing at death for the purchase money of real estate.

(b) Rights accruing after death.--A decree setting apart a family exemption shall be void as against a subsequent bona fide grantee of, or holder of a lien on, real estate, unless the decree granting the exemption from real estate, 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 the real estate lies, within one year after the death of the decedent, or, if thereafter, then before the recording or entering of the instrument or lien under which such grantee or lienholder claims.
20 Pa.C.S. § 302 — PA Code / Title 20 / Chapter 3 / Section 302
Title to real and personal estate of an incapacitated person.
Status: in_force

Legal title to all real estate and personal property of an incapacitated person shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court. (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. § 5123 — PA Code / Title 20 / Chapter 51 / Section 5123
Requiring or changing amount of bond.
Status: in_force

The court, for 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. Cross References. Section 5123 is referred to in section 5515 of this title.
20 Pa.C.S. § 7780.1 — PA Code / Title 20 / Chapter 77 / Section 7780.1
Enforcement and defense of claims - UTC 811.
Status: in_force

Except as provided in section 7770 (relating to liability of successor trustee), a trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. When one of several trustees is individually liable to the trust, the other trustee or trustees shall take any legal action against that trustee necessary to protect the trust.
20 Pa.C.S. § 8412 — PA Code / Title 20 / Chapter 84 / Section 8412
Veterans' Bureau's objection to account; costs.
Status: in_force

In any action or proceeding wherein the attorney of the bureau objects to the account of the committee or guardian, and such committee or guardian is removed for cause, costs shall not be allowed out of the ward's estate, but may be taxed against the defaulting committee or guardian.
20 Pa.C.S. § 7780.22 — PA Code / Title 20 / Chapter 77 / Section 7780.22
No duty to monitor, inform or advise - UDTA 11.
Status: in_force

(a) Directed trustee.--Unless the terms of the trust provide otherwise:

(1) A directed trustee does not have a duty to:

(i) monitor a trust director; or

(ii) inform or advise a settlor, beneficiary, cotrustee or trust director as to any matter on which the directed trustee might not have acted as the trust director acted or as to any matter on which the directed trustee might have acted but the trust director did not act.

(2) By taking an action described in paragraph (1), a directed trustee does not thereby assume a duty that is excluded by paragraph (1).

(b) Trust director.--Unless the terms of the trust provide otherwise:

(1) A trust director does not have a duty to:

(i) monitor a trustee or another trust director over which the trust director has no authority; or

(ii) inform or advise a settlor, beneficiary, cotrustee or other trust director as to any matter on which the trust director might not have acted as a trustee or other trust director acted or as to any matter on which the trust director might have acted but the trustee or another trust director did not act.

(2) By taking an action described in paragraph (1), a trust director does not thereby assume a duty that is excluded by paragraph (1). Cross References. Section 7780.22 is referred to in sections 7705, 7780.21, 7780.23 of this title.
20 Pa.C.S. § 2 — PA Code / Title 20 / Chapter 2 / Section 2
Application of law.
Status: in_force

Applicability is as follows:

(1) Subject to paragraph (2), the addition of 20 Pa.C.S. Ch. 59 applies to guardianship and protective proceedings begun on or after the effective date of this act.

(2) The addition of the following provisions of 20 Pa.C.S. Ch. 59 apply to proceedings begun before the effective date of this section, regardless of whether a guardianship or protective order has been issued:

(i)
20 Pa.C.S. § 7710.2 — PA Code / Title 20 / Chapter 77 / Section 7710.2
Rules of construction - UTC 112.
Status: in_force

The rules of construction that apply in this Commonwealth to the provisions of testamentary trusts also apply as appropriate to the provisions of inter vivos trusts.
20 Pa.C.S. § 5111 — PA Code / Title 20 / Chapter 51 / Section 5111
County of appointment.
Status: in_force

(a) Resident minor.--A guardian of the person or of the estate of a minor may be appointed by the court of the county in which the minor resides.

(b) Nonresident minor.--A guardian of the estate within the Commonwealth of a minor residing outside the Commonwealth may be appointed by the court of the county having jurisdiction of a decedent's estate or of a trust from which the minor's estate is derived. When the nonresident minor's estate is derived otherwise than from a decedent's estate or a trust, a guardian may be appointed by the court of any county where an asset of the minor's estate is located.

(c) Exclusiveness of appointment.--When a court has appointed a guardian of a minor's estate pursuant to subsections

(a) or (b), no other court shall appoint a similar guardian for the minor within the Commonwealth.
20 Pa.C.S. § 905 — PA Code / Title 20 / Chapter 9 / Section 905
Enforcement of subpoenas, orders and costs.
Status: in_force

Should any person refuse to comply with any subpoena or order of the register or to pay all costs, the register shall forthwith certify the record of the proceedings to the court. The court, upon petition of any party in interest, shall compel payment of the costs and shall enforce obedience to the subpoena or order in the same manner as in cases of subpoenas and orders issued or made by the court.
20 Pa.C.S. § 5806 — PA Code / Title 20 / Chapter 58 / Section 5806
Penalties.
Status: in_force

(a) Offense defined.--A person commits a felony of the third degree by willfully:

(1) Concealing, canceling, altering, defacing, obliterating or damaging a declaration without the consent of the declarant.

(2) Concealing, canceling, altering, defacing, obliterating or damaging a mental health power of attorney or any amendment or revocation thereof without the consent of the principal.

(3) Causing a person to execute a declaration or power of attorney under this chapter by undue influence, fraud or duress.

(4) Falsifying or forging a mental health power of attorney or declaration or any amendment or revocation thereof, the result of which is a direct change in the mental health care provided to the principal.

(b) Removal and liability.--An agent who willfully fails to comply with a mental health power of attorney may be removed and sued for actual damages.
20 Pa.C.S. § 743 — PA Code / Title 20 / Chapter 7 / Section 743
Bill of costs (Repealed).
Status: repealed

1978 Repeal. The repeal of section 743 is effective one year from April 28, 1978.
20 Pa.C.S. § 5913 — PA Code / Title 20 / Chapter 59 / Section 5913
Jurisdiction.
Status: in_force

A court of this Commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if one of the following paragraphs applies:

(1) This Commonwealth is the respondent's home state.

(2) On the date the petition is filed, all of the following subparagraphs apply:

(i) This Commonwealth is a significant-connection state.

(ii) One of the following clauses applies:

(A) The respondent does not have a home state, or a court of the respondent's home state has declined to exercise jurisdiction because this Commonwealth is a more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.

(B) The respondent has a home state; a petition for an appointment or order is not pending in a court of that state or another significant-connection state; and, before the court makes the appointment or issues the order:

(I) a petition for an appointment or order is not filed in the respondent's home state; (II) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (III) the court in this Commonwealth concludes that it is an appropriate forum under the factors set forth in section 5916 (relating to appropriate forum).

(3) All of the following subparagraphs apply:

(i) This Commonwealth does not have jurisdiction under either paragraph (1) or (2).

(ii) The respondent's home state and all significant-connection states have declined to exercise jurisdiction because this Commonwealth is the more appropriate forum or has declined to exercise jurisdiction in a manner not inconsistent with a determination that this Commonwealth is a more appropriate forum.

(iii) Jurisdiction in this Commonwealth is consistent with the Constitution of the United States and the Constitution of Pennsylvania.

(4) The requirements for special jurisdiction under section 5914 (relating to special jurisdiction) are met. Cross References. Section 5913 is referred to in sections 5911, 5914, 5916, 5917, 5919 of this title.
20 Pa.C.S. § 8621 — PA Code / Title 20 / Chapter 86 / Section 8621
The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions.
Status: in_force

(a) Driver's license.--

(1) Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the Department of Transportation shall provide an applicant for an original or renewal driver's license or identification card the opportunity to make a contribution of $3 to the fund. The contribution shall be added to the regular fee for an original or renewal driver's license or identification card. One contribution may be made for each issuance or renewal of a license or identification card. Contributions shall be used exclusively for the purposes set out in section 8622 (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).

(2) The Department of Transportation shall monthly determine the total amount designated under this section and shall report that amount to the State Treasurer, who shall transfer that amount to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.

(3) The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund shall reimburse the Department of Transportation for the costs incurred in the initial development and implementation of the contribution program, as well as any additional costs that may arise from changes that are agreed to by both the Department of Transportation and the advisory committee.

(b) Vehicle registration.--

(1) Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the Department of Transportation shall provide an applicant for a renewal vehicle registration the opportunity to make a contribution of $3 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. The contribution shall be added to the regular fee for a renewal of a vehicle registration. One contribution may be made for each renewal vehicle registration. Contributions shall be used exclusively for the purposes described in section 8622. An applicant for a two-year vehicle registration may make a contribution of $6 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund on the Department of Transportation's publicly accessible Internet website.

(2) The Department of Transportation shall monthly determine the total amount designated under this section and shall report that amount to the State Treasurer, who shall transfer that amount to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.

(3) The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund shall reimburse the Department of Transportation for the costs incurred in the initial development and implementation of the contribution program as well as any additional costs that may arise from changes that are agreed to by both the Department of Transportation and the advisory committee.

(4) The General Fund shall reimburse the Department of Transportation for the actual annual operating costs of the program for vehicle registrations as described in this subsection.

(c) Internet website.--The following shall become effective within 365 days of the effective date of this subsection:

(1) The Department of Transportation's publicly accessible Internet website shall provide hyperlinks through which persons may electronically make voluntary contributions of at least $1 to the fund. At a minimum, the hyperlinks shall be provided in accordance with subsections (a)(1) and

(b)(1).

(2) The Department of Transportation shall provide detailed information on the Department of Transportation's publicly accessible Internet website, written in nonlegal terms, in both English and Spanish, about anatomical donation, organ donation and vascularized composite allografts. The website shall include the following:

(i) The laws of this Commonwealth, including a statement that donating a part of the body is voluntary.

(ii) The risks and benefits of organ donation, tissue donation and donation of eyes.

(iii) The risks and benefits of donating a hand, facial tissue or limb or other vascularized composite allografts. The information about risks and benefits shall include information that the appearance of the donor will be significantly altered after recovery and that the surgical recovery team may perform reconstructive surgery to prepare for burial. In addition, the information shall include a statement that a vascularized composite allograft may impact burial arrangements and that an open casket may not be possible. The information shall also include and clearly explain:

(A) The difference between hand, facial tissue and limb donation and organ donation.

(B) The procedure for recovery of a hand, facial tissue or limb or other vascularized composite allograft.

(C) That Pennsylvania law requires explicit and specific and separate consent to donate hands, facial tissue or limbs or other vascularized composite allografts from the donor and, when applicable, the donor's family.

(D) The procedure needed to obtain consent from family members for a donation of organs, tissues and eyes and the procedure needed to obtain consent from families for hands, facial tissue, limbs or other vascularized composite allografts.

(E) That donation of hands, facial tissue or limbs or other vascularized composite allografts is voluntary.

(F) That documents such as living wills, advance health care directives, health care powers of attorney and powers of attorney may be used to permit or deny making a donation of hands, facial tissue or limbs or other vascularized composite allografts, depending upon the individual's wishes.

(G) The procedure used by hospitals and organ procurement organizations to effectuate a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(H) That if the individual intends to withhold or withdraw life-sustaining measures through an advance health care directive, living will, health care power of attorney, power of attorney or other document, that the choices of the individual for end-of-life care may be incompatible with donation of what we traditionally think of as organs (heart, lung, liver, kidney) and hands, facial tissue or limbs or other vascularized composite allografts.

(I) That the individual may wish to consult with a physician, attorney or clergy before making the decision to make a donation of what we traditionally think of as organs (heart, lung, liver, kidney) or a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(iv) The laws of this Commonwealth regarding living wills, health care powers of attorney, advance health care directives, do-not-resuscitate orders and other documents which can be used to provide, limit or deny making or revoking an anatomical donation or a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(v) A description regarding:

(A) the procedure used by hospitals and organ procurement organizations to ask family members if the individual will make an anatomical donation;

(B) if the individual may be or is an organ, tissue or eye donor, the types of tests that will be performed on the individual by a hospital, organ procurement organization, tissue procurement organization, eye bank or tissue bank and the procedure used to recover organs, tissues and eyes, including any differences in the procedure used to recover organs; and

(C) brain death and cardiac death.

(3) The Department of Transportation shall provide the material listed in paragraph (2) in written form, in English and in Spanish, at all driver's license centers across this Commonwealth. Additionally, the Department of Transportation shall provide such materials upon request, including the request of another agency of the Commonwealth.

(4) The Department of Health shall provide conspicuous notice on the Department of Health's publicly accessible Internet website that detailed information about anatomical donation and donation of a hand, facial tissue, limb or other vascularized composite allograft may be found on the Department of Transportation's publicly accessible Internet website. The Department of Health shall also provide a conspicuous hyperlink to the information set forth in paragraph (2). (June 18, 1998, P.L.529, No.74, eff. July 1, 1999; Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90, eff. imd.; Nov. 25, 2020, P.L.1188, No.115, eff. 90 days) 2020 Amendment. Act 115 amended subsec. (b)(1). 2000 Amendment. See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation. Cross References. Section 8621 is referred to in sections 8622, 8629, 8630 of this title.
20 Pa.C.S. § 5991 — PA Code / Title 20 / Chapter 59 / Section 5991
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. § 5460 — PA Code / Title 20 / Chapter 54 / Section 5460
Relation of health care agent to court-appointed guardian and other agents.
Status: in_force

(a) Accountability of health care agent.--If a principal who has executed a health care power of attorney is later adjudicated an incapacitated person and a guardian of the person to make health care decisions is appointed by a court, the health care agent is accountable to the guardian as well as to the principal. In its guardianship order and determination of a person's incapacity, the court shall determine the extent to which the health care agent's authority to act remains in effect.

(b) Nomination of guardian of person.--In a health care power of attorney, a principal may nominate a guardian of the person for the principal for consideration by a court if incapacity proceedings for the principal's person are thereafter commenced. If a court determines that the appointment of a guardian is necessary, the court shall appoint a guardian in accordance with the principal's most recent nomination except for good cause or disqualification.

(c) Reasonable expenses.--In fulfilling the health care needs for a principal, a health care agent may incur reasonable expenses, including the purchase of health care insurance, to the extent the expenses are not otherwise covered by insurance or other similar benefits. Payment for the expenses or reimbursement to the health care agent for the expenses from the principal's funds shall be made by either of the following:

(1) A guardian of the estate of the principal.

(2) An agent acting on behalf of the principal under a power of attorney if the agent has the power to disburse the funds of the principal. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 amended subsec. (a). Cross References. Section 5460 is referred to in sections 5453, 5456, 5461 of this title.
20 Pa.C.S. § 3904 — PA Code / Title 20 / Chapter 39 / Section 3904
User direction for disclosure of digital assets.
Status: in_force

(a) Use of online tool.--

(1) A user may use an online tool to direct the custodian to disclose or not disclose some or all of the user's digital assets, including the content of electronic communications.

(2) If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.

(b) Nonuse of online tool.--If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may, in a will, trust, power of attorney or other record, allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) User's direction.--A user's direction under subsection

(a) or (b) overrides a contrary provision in a terms-of-service agreement which does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. Cross References. Section 3904 is referred to in sections 3905, 3915 of this title.
20 Pa.C.S. § 7702 — PA Code / Title 20 / Chapter 77 / Section 7702
Scope of chapter - UTC 102.
Status: in_force

This chapter applies to express trusts, charitable and noncharitable, and trusts created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust.
20 Pa.C.S. § 8191 — PA Code / Title 20 / Chapter 81 / Section 8191
Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states which enact it.
20 Pa.C.S. § 4121 — PA Code / Title 20 / Chapter 41 / Section 4121
Award to foreign guardian when minor or incapacitated person becomes a nonresident.
Status: in_force

When the minor or incapacitated person for whose estate a guardian has been appointed by the court is or becomes a nonresident of the Commonwealth, the court, upon satisfactory proof that it will be for the best interests of the minor or incapacitated person and that no rights of a resident of the Commonwealth will be adversely affected and that removal of the property will not conflict with any limitations upon the right of the minor or incapacitated person to such property, may direct the locally appointed guardian to transfer the assets of the minor or incapacitated person within his control to a duly qualified guardian or guardians in the jurisdiction where the minor or incapacitated person resides. (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. § 2202 — PA Code / Title 20 / Chapter 22 / Section 2202
Right of election; nonresident decedent.
Status: in_force

When a married person not domiciled in this Commonwealth dies, the rights, if any, of his surviving spouse to an elective share in property in this Commonwealth are governed by the laws of the decedent's domicile at death, but the rights of the electing spouse shall be subject to the rights of fiduciaries, custodians and obligors within this Commonwealth and transferees for value of and holders of liens for value on real estate or tangible personal property located in this Commonwealth under section 2211 (relating to determination of effect of election; enforcement).
20 Pa.C.S. § 5 — PA Code / Title 20 / Chapter 5 / Section 5
Effective date and applicability.
Status: in_force

This act shall be effective immediately, but its provisions shall not apply to wills or conveyances executed prior to its effective date or to rights from and through a child's father if the father had died prior to the effective date of this act. Explanatory Note. Act 303 amended or added sections 2107, 2514(8), 3538, 6114(5) and 7183(14) of Title 20. 1982, FEBRUARY 18, P.L.45, NO.26 § 13. Effective date and applicability. This act shall take effect immediately and shall apply to the estates of all decedents dying on or after the effective date and, as to the termination of trusts under 20 Pa.C.S. § 6110 (relating to administration of charitable estates), it shall apply to all trusts regardless of the date the trust was created and, as to 20 Pa.C.S. § 2209 (relating to surviving spouse as witness), it shall be effective as of June 17, 1978 and shall apply to the estates of all decedents dying on or after that date; and, as to powers of attorney, it shall apply to all powers of attorney executed on or after the date of

enactment of this act, provided nothing in this act shall be construed to limit the effectiveness of powers of attorney in effect prior to the date of enactment of this act, and provided further that all such powers of attorney which qualified under the provisions of 20 Pa.C.S. § 5601 (relating to when power of attorney not affected by disability) prior to its repeal shall continue to be governed by the provisions of the said section as if no repeal occurred. Explanatory Note. Act 26 amended, added or repealed sections 2206, 2209, 2210, 3101(c) and (d), 3132.1(b), 3701 through 3706, 4102(b), 5144, 5147(2), 5153, 5302, 5303, 5305(e), (f) and (g), 5308(a), (b), (d) and (e), 5309, 5505, 5515, 5521, 5536, 5537(a), 5601 through 5607, 6102(a), 6110, 6202, 7121, 7133, 7143, 7183, 7185(b) and 7186 of Title 20. 1984, OCTOBER 12, P.L.929, NO.182 § 14. Applicability of prior amendment. Section 7185 (relating to compensation), as amended by the act of February 18, 1982 (P.L.45, No.26), shall apply to all trusts regardless of whether the trust was created before, on or after February 18, 1982. Explanatory Note. Act 182 amended, added or repealed sections 304, 745, 2514, 3132.1, 3301, 3501.2, 3502, 3539, 3540, 5163.1, 5533.1, 6201, 6202, 6204, 6205, 6206, 7183, 7314, 7315 and 7315.1 of Title 20. § 15. Effective date and applicability.

(a) Distributions.--The amendments to sections 3539 (relating to change in law after pattern of distribution established) and 7183 (relating to notice, audits, reviews, and distribution) shall take effect immediately and shall apply to distributions begun and changes in law occurring before, on or after the effective date of this act.

(b) Trusts and estates of decedents.--The amendments to sections 3501.2 (relating to annexation of account of terminated trust, guardianship or agency), 3540 (relating to absentee and additional distributees), 7314 (relating to common trust fund and mortgage investment fund), 7315 (relating to retention of investments) and 7315.1 (relating to retention of cash; temporary investments) shall take effect immediately and shall apply to trusts and the estates of decedents, whether the trust was created or the decedent died before, on or after the effective date of this act, as well as to funds presently held by the clerks.

(c) Estates of decedents.--The remainder of this act shall take effect immediately and shall apply to the estates of all decedents dying on or after the effective date. 1992, APRIL 16, P.L.108, NO.24
20 Pa.C.S. § 3102 — PA Code / Title 20 / Chapter 31 / Section 3102
Settlement of small estates on petition.
Status: in_force

When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $50,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; July 2, 2013, P.L.199, No.35, eff. 60 days)

2013 Amendment. Section 2 of Act 35 provided that the amendment of section 3102 shall apply to estates of decedents dying on or after the effective date of section 2.
20 Pa.C.S. § 8616 — PA Code / Title 20 / Chapter 86 / Section 8616
Rights and duties at death.
Status: in_force

(a) Donees and relatives.--The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he shall, subject to the terms of the gift, authorize embalming and the use of the body in funeral services if the surviving spouse or next of kin as determined in section 8611(b) (relating to persons who may execute anatomical gift) requests embalming and use of the body for funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body.

(b) Physicians.--The time of death shall be determined by a physician who tends the donor at his death or, if none, the physician who certifies the death.

(c) Certain liability limited.--The following shall apply:

(1) Subject to paragraph (2), a person who acts in good faith in accordance with the terms of this subchapter or with the anatomical gift laws of another state or a foreign country shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for the person's act.

(2) The immunity from civil liability provided under paragraph (1) shall not extend to acts or omissions resulting from gross negligence, recklessness or intentional misconduct of the person.

(3) Neither a person making an anatomical gift nor a donor's estate shall be liable for injury or damage that results from the making or use of the anatomical gift. In determining whether an anatomical gift has been made, amended or revoked under this subchapter, a person may rely upon

representations of an individual listed in section 8611(b) regarding the individual's relationship to the donor or decedent unless the person knows that the representation is untrue.

(d) Law on autopsies applicable.--Subject to the provisions of section 8626 (relating to facilitation of anatomical gift 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. 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 copying fees. (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 amended subsecs. (b), (c) and (d). Section 11(3) of Act 90 provided that the amendment of section 8616 shall take effect upon publication of the notice under section 8629. Cross References. Section 8616 is referred to in sections 8611, 8613 of this title.
20 Pa.C.S. § 3704 — PA Code / Title 20 / Chapter 37 / Section 3704
Apportionment of Pennsylvania estate tax.
Status: in_force

The Pennsylvania estate tax shall be apportioned in the same manner as the Federal estate tax.
20 Pa.C.S. § 7204 — PA Code / Title 20 / Chapter 72 / Section 7204
Diversification.
Status: in_force

(a) Requirement.--Except as provided in section 7205 (relating to retention of inception assets), a fiduciary shall reasonably diversify investments, unless the fiduciary reasonably determines that it is in the interests of the beneficiaries not to diversify, taking into account the purposes, terms and other circumstances of the trust and the requirements of this chapter.

(b) Applicability.--Subsection (a) does not apply to any of the following:

(1) A trust which became irrevocable prior to December 25, 1999. This paragraph applies even if the action of the trustee occurs after December 25, 1999.

(2) A trust created by a revocable instrument executed prior to December 25, 1999, if such instrument is not amended after December 24, 1999. This paragraph applies even if the action of the trustee occurs after December 25, 1999. (Nov. 6, 2002, P.L.1101, No.133, eff. imd.) 2002 Amendment. Act 133 reenacted and amended the entire section. Section 5 of Act 133 provided that the General Assembly finds and declares that the amendment of section 7204 is intended to clarify existing law and shall not be construed to change existing law. Special Provisions in Appendix. See section 6(b) of Act 28 of 1999 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5144 — PA Code / Title 20 / Chapter 51 / Section 5144
Powers, duties and liabilities identical with personal representatives.
Status: in_force

The provisions concerning the powers, duties and liabilities of a guardian appointed by the court shall be the same as those set forth in the following provisions of this title for the administration of a decedent's estate: Section 3313 (relating to liability insurance). Section 3314 (relating to continuation of business). Section 3315 (relating to incorporation of estate's business). Section 3317 (relating to claims against co-fiduciary). Section 3318 (relating to revival of judgments against personal representative). Section 3319 (relating to power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations). Section 3320 (relating to voting stock by proxy). Section 3321 (relating to nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities). Section 3322 (relating to acceptance of deed in lieu of foreclosure). Section 3323 (relating to compromise of controversies). Section 3324 (relating to death or incapacity of fiduciary). Section 3327 (relating to surviving or remaining personal representatives). Section 3328 (relating to disagreement of personal representatives). Section 3331 (relating to liability of personal representatives on contracts). Section 3332 (relating to inherent powers and duties). (Feb. 18, 1982, P.L.45, No.26, 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.
20 Pa.C.S. § 8805 — PA Code / Title 20 / Chapter 88 / Section 8805
Tenancies by the entirety.
Status: in_force

One-half of any property held by the slayer or elder abuser and the decedent or victim as tenants by the entirety shall pass upon the death of the decedent or victim to his estate, and the other half shall be held by the slayer or elder abuser during his life, subject to pass upon his death to the estate of the decedent or victim. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 305 — PA Code / Title 20 / Chapter 3 / Section 305
Right to dispose of a decedent's remains.
Status: in_force

(a) General rule.--Except as specified in subsection (a.1), the determination of the final disposition of a decedent's remains shall be as set forth in this section unless otherwise specifically provided by waiver and agreement of the person entitled to make such determination under this section, subject to the provisions of a valid will executed by the decedent and sections 8611(a) (relating to persons who may execute anatomical gift) and 8654(1) (relating to requirement of explicit, specific and separate authorization).

(a.1) Exception for members of the armed forces.--The determination of the final disposition of a decedent's remains shall be as set forth in this section unless otherwise specifically provided by a DD Form 93 executed later in time than a valid will executed by the decedent or a waiver and agreement of the person entitled to make such determination under this section, subject to the provisions of sections 8611(a) and 8654(1).

(b) Disposition of the remains of a deceased spouse.--Absent an allegation of enduring estrangement, incompetence, contrary intent or waiver and agreement which is proven by clear and convincing evidence, a surviving spouse shall have the sole authority in all matters pertaining to the disposition of the remains of the decedent.

(c) Disposition of the remains of others.--If there is not a surviving spouse, absent an allegation of enduring estrangement, incompetence, contrary intent or waiver and agreement which is proven by clear and convincing evidence, the next of kin shall have sole authority in all matters pertaining to the disposition of the remains of the decedent.

(d) Procedure.--Where a petition alleging enduring estrangement, incompetence, contrary intent or waiver and agreement is made within 48 hours of the death or discovery of the body of the decedent, whichever is later, a court may order that no final disposition of the decedent's remains take place until a final determination is made on the petition. Notice to each person with equal or higher precedence than the petitioner to the right to dispose of the decedent's remains and to his attorney if known and to the funeral home or other institution where the body is being held must be provided concurrently with the filing of the petition. A suitable bond may be required by the court.

(1) If the court determines that clear and convincing evidence establishes enduring estrangement, incompetence, contrary intent or waiver and agreement, the court shall enter an appropriate order regarding the final disposition which may include appointing an attorney in fact to arrange the final disposition, with reasonable costs chargeable to the estate.

(2) If two persons with equal standing as next of kin disagree on disposition of the decedent's remains, the authority to dispose shall be determined by the court, with preference given to the person who had the closest relationship with the deceased. If more than two persons with equal standing as next of kin disagree on disposition of the decedent's remains, the authority to dispose shall

be determined by the majority. Where two or more persons with equal standing cannot reach a majority decision, the court shall make a final determination on disposition of the decedent's remains.

(3) If the court determines that the petition is not supported by a clear and convincing evidence, the court may award attorney fees. An award of attorney fees shall constitute a setoff against any claim by the petitioner against the estate.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Armed forces." The armed forces of the United States, including a reserve component or the National Guard.

"Contrary intent." An explicit and sincere expression, either verbal or written, of a decedent adult or emancipated minor prior to death and not subsequently revoked that a person other than the one authorized by this section determine the final disposition of his remains.

"DD Form 93." A valid document or a successor form provided by the Department of Defense that is signed by a member of the armed forces and designates a person to direct the disposition of the remains of the person who signed the form.

"Enduring estrangement." A physical and emotional separation from the deceased at the time of death of the person authorized by this section to determine the final disposition of the decedent's remains, which has existed for a period of time that clearly demonstrates an absence of due affection, trust and regard for the deceased.

"Next of kin." The spouse and relatives by blood of the deceased in order that they be authorized to succeed to the deceased's estate under Chapter 21 (relating to intestate succession) as long as the person is an adult or an emancipated minor. (Nov. 17, 1998, P.L.786, No.99, eff. 60 days; July 2, 2013, P.L.254, No.45, eff. 60 days; Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 amended subsecs. (a), (a.1) and

(d)(2). Section 11(2) of Act 90 provided that the amendment of subsec. (d)(2) shall take effect in 60 days and section 11(3) of Act 90 provided that the remainder of the section shall take effect upon publication of the notice under section 8629. 2013 Amendment. Act 45 amended subsec. (a) and added subsec.

(a.1) and the defs. of "armed forces" and "DD Form 93" in subsec. (e). 1998 Amendment. Act 99 added section 305.
20 Pa.C.S. § 2511 — PA Code / Title 20 / Chapter 25 / Section 2511
Time for making election (Repealed).
Status: repealed

1978 Repeal. Section 2511 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
20 Pa.C.S. § 8630 — PA Code / Title 20 / Chapter 86 / Section 8630
Department of Corrections.
Status: in_force

The Department of Corrections shall, in consultation with an organ procurement organization, provide information to or make information available about anatomical donation to inmates in State correctional institutions. The information may also include information about donation of hands, facial tissue or limbs and other vascularized composite allografts. The information shall be provided or made available annually and shall include topics under section 8621(c)(2) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions). (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 added section 8630. Section 11(3) of Act 90 provided that the addition of section 8630 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 7504 — PA Code / Title 20 / Chapter 75 / Section 7504
Certain trustee powers not exercisable.
Status: in_force

(a) General rule.--The following powers conferred by a governing instrument upon a trustee in his or her capacity as a trustee shall not be exercised by that trustee:

(1) The power to make discretionary distributions of either principal or income to or for the benefit of the

trustee, the trustee's estate or the creditors of either unless the power is either:

(i) limited by an ascertainable standard relating to the trustee's health, education, support or maintenance within the meaning of 26 U.S.C. §§ 2041 (relating to powers of appointment) and 2514 (relating to powers of appointment); or

(ii) exercisable by the trustee only in conjunction with another person having a substantial interest in the property subject to the power which is adverse to the interest of the trustee within the meaning of 26 U.S.C. § 2041(b)(1)(C)(ii).

(2) The power to make discretionary distributions of either principal or income to satisfy any of the trustee's personal legal obligations for support or other purposes.

(3) The power to make discretionary allocations in the trustee's personal favor of receipts or expenses as between income and principal unless the trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the trustee's fiduciary duties.

(4) The power to exercise any of the powers proscribed in this subsection with regard to an individual other than the trustee to the extent that the individual could exercise a similar prohibited power in connection with a trust that benefits the trustee.

(b) Limited exercise of prohibited power.--

(1) If a trustee is prohibited by subsection (a)(1) from exercising a power conferred upon the trustee, the trustee nevertheless may exercise that power but shall be limited to distributions for the trustee's health, education, support or maintenance to the extent otherwise permitted by the terms of the trust.

(2) Unless otherwise prohibited by the provisions of this section, a trustee may exercise a power described herein in favor of someone other than the trustee, the trustee's estate or the creditors of either.

(c) Exceptions.--This section shall not apply to:

(1) A trustee who possesses in his individual capacity an unlimited right to withdraw the entire principal of the trust or has a general testamentary power of appointment over the entire principal of the trust.

(2) A trust created under a governing instrument executed on or before March 21, 1999, if no part of the principal of the trust would have been included in the gross estate of the trustee for Federal estate tax purposes if the trustee had died on March 21, 1999, without having exercised the power under the governing instrument to make discretionary distributions of principal or income to or for the benefit of the trustee, the trustee's estate or the creditors of either. (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 added subsec. (c). Cross References. Section 7504 is referred to in section 7505 of this title.
20 Pa.C.S. § 5116 — PA Code / Title 20 / Chapter 51 / Section 5116
Orphan beneficiaries, charitable uses or trusts; administration, cities of first class.
Status: in_force

Whenever any city of the first class of this Commonwealth shall be charged with the administration of any charitable use or trust for both the maintenance and education of orphans, it shall, without application to any court, act as guardian of the person and estate of each of such orphans, through the same agency that administers the charitable use or trust. In case any such orphan child, at or before the time said city is charged with the administration of such a charitable use or

trust, or during the remaining time it acts as guardian of his estate, shall possess or become entitled to any effects or property, the said city shall be entitled, in like manner as other guardians, to demand and receive the same from any person having possession thereof, or owning the same, and to give acquittance therefor; and it shall be the duty of the said city to take care of the same as guardians, and to make the same productive as far as reasonably can be, and to deliver and pay over the same with the increase, less expenditures made in the exercise of a reasonable discretion, to the said orphan, on his attaining the age of 18 years, or to his legal representatives if he shall die before attaining that age. (Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
20 Pa.C.S. § 5446 — PA Code / Title 20 / Chapter 54 / Section 5446
Validity.
Status: in_force

(a) Living will executed prior to effective date of subchapter.--This subchapter does not limit the validity of a living will executed prior to the effective date of this subchapter.

(b) Living will executed in another state or jurisdiction.--A living will executed in another state or jurisdiction and in conformity with the laws of that state or jurisdiction shall be considered valid in this Commonwealth, except to the extent that the living will executed in another state or jurisdiction would allow a principal to direct procedures inconsistent with the laws of this Commonwealth.
20 Pa.C.S. § 745 — PA Code / Title 20 / Chapter 7 / Section 745
Advertisement of accounts.
Status: in_force

(a) Requirement of notice; contents of notice.--The clerk of the orphans' court division shall give notice by advertisement of the time when accounts filed with him will be presented to the division for confirmation, stating in the advertisement the names and capacities of the respective accountants.

(b) Manner of advertisement.--The notice shall be advertised at least once a week during the two weeks immediately preceding the time for presentation of the accounts to the division:

(1) in the legal publication, if any, designated by rule of court for the publication of legal notices; and

(2) in at least one newspaper of general circulation published within the county, and if no such newspaper is published in that county, then in one such newspaper published nearest to that county.

(Apr. 28, 1978, P.L.202, No.53, eff. 1 year; Oct. 12, 1984, P.L.929, No.182, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. Act 24 amended subsec. (b). See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 7788 — PA Code / Title 20 / Chapter 77 / Section 7788
Exculpation of trustee - UTC 1008.
Status: in_force

(a) When exculpatory provision unenforceable.--A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:

(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or

(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(b) Exculpatory provision by trustee.--An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (a) intro. par. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7788 is referred to in section 7705 of this title.
20 Pa.C.S. § 6101 — PA Code / Title 20 / Chapter 61 / Section 6101
Definitions.
Status: in_force

The following words and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section: "Charity" or "charitable purposes." (Deleted by amendment).

"Conveyance." An act by which it is intended to create an interest in real or personal property whether the act is intended to have inter vivos or testamentary operation. It shall include an act by which a power of appointment whenever given is exercised. (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 7, 2006, P.L.625, No.98, eff. 120 days)
20 Pa.C.S. § 7791 — PA Code / Title 20 / Chapter 77 / Section 7791
Abandonment of property.
Status: in_force

If any property is so burdensome or is so encumbered or is in such condition that it is of no value to the trust, the trustee may abandon it. If property without value cannot be abandoned without transfer of title to another or without a formal renunciation, the court may authorize the trustee to transfer or renounce it without consideration if it finds that this will be for the best interests of the trust.
20 Pa.C.S. § 7207 — PA Code / Title 20 / Chapter 72 / Section 7207
Retention of cash; temporary investments.
Status: in_force

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

(1) which the fiduciary 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 or an affiliate's commercial department.

(b) Temporary investments.--A fiduciary may make temporary investment of funds which the fiduciary is entitled to hold uninvested or which the fiduciary 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 7203 (relating to prudent investor rule) 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 the fiduciary is entitled, for services rendered in making the temporary investment. Cross References. Section 7207 is referred to in section 3316 of this title.
20 Pa.C.S. § 3372 — PA Code / Title 20 / Chapter 33 / Section 3372
Substitution of personal representative in pending action or proceedings.
Status: in_force

Substitution of the personal representative of a deceased party to a pending action or proceeding shall be as provided by law. Cross References. Section 3372 is referred to in section 5521 of this title.
20 Pa.C.S. § 3916 — PA Code / Title 20 / Chapter 39 / Section 3916
Custodian compliance and immunity.
Status: in_force

(a) Requirement.--Not later than 60 days after receipt of the information required under sections 3907 (relating to disclosure of content of electronic communications of deceased user), 3908 (relating to disclosure of other digital assets of deceased user), 3909 (relating to disclosure of content of electronic communications of principal), 3910 (relating to disclosure of other digital assets of principal), 3911 (relating to disclosure of digital assets held in trust when trustee is original user), 3912 (relating to disclosure of contents of electronic communications held in trust when trustee not original user), 3913 (relating to disclosure of other digital assets held in trust when trustee not original user), 3914 (relating to disclosure of digital assets to guardian of the estate) and 3915 (relating to fiduciary duty and authority), a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated representative may apply to the court for an order directing compliance.

(b) Court order.--An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702 (relating to voluntary disclosure of customer communications or records).

(c) Notification.--A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.

(d) Lawful access following termination request.--A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.

(e) Additional court orders.--This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:

(1) specifies that an account belongs to the protected person or principal;

(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

(3) contains a finding required by law other than this chapter.

(f) Immunity.--A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Cross References. Section 3916 is referred to in section 3908 of this title.
20 Pa.C.S. § 5505 — PA Code / Title 20 / Chapter 55 / Section 5505
Provisions similar to small estates of minors.
Status: in_force

The provisions concerning small estates of incapacitated persons shall be the same as are set forth in the following provisions of this title relating to minors' estates: Section 5101 (relating to when guardian unnecessary). Section 5102 (relating to power of natural guardian). Section 5103 (relating to sequestered deposit). (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. § 5703 — PA Code / Title 20 / Chapter 57 / Section 5703
Distribution of property of absentee.
Status: in_force

Upon the entry of a decree establishing the death of a person domiciled in the Commonwealth, based in whole or in part upon his absence from his place of residence, the real and personal property of the absentee shall be administered by his personal representative as in the case of other decedents. However, the personal representative shall make no distribution of such

property to the persons entitled thereto by will or by intestacy, nor shall such persons acquire indefeasible title thereto, except under decree of court. The court, in awarding distribution, shall require that a refunding bond, with or without security and in such form and amount as the court shall direct, shall be executed by each distributee and filed with the clerk. The bond shall be conditioned that, if it shall later be established that the absentee was in fact alive at the time of distribution, the distributee upon demand will return the property received by him or, if it has been disposed of, will make such restitution therefor as the court shall deem equitable. Should a distributee not execute the bond, the court shall appoint a trustee to receive and hold his share until further order of the court. Cross References. Section 5703 is referred to in section 5706 of this title.
20 Pa.C.S. § 3360 — PA Code / Title 20 / Chapter 33 / Section 3360
Contracts, inadequacy of consideration or better offer; brokers' commissions.
Status: in_force

(a) Inadequacy of consideration or better offer.--When a personal representative shall make a contract not requiring approval of court, or when the court shall approve a contract of a personal representative requiring approval of the court, neither inadequacy of consideration, nor the receipt of an offer to deal on other terms shall, except as otherwise agreed by the parties, relieve the personal representative of the obligation to perform his contract or shall constitute ground for any court to set aside the contract, or to refuse to enforce it by specific performance or otherwise: Provided, That this subsection shall not affect or change the inherent right of the court to set aside a contract for fraud, accident or mistake. Nothing in this subsection shall affect the liability of a personal representative for surcharge on the ground of negligence or bad faith in making a contract.

(b) Brokers' commissions.--When a personal representative shall enter into an agreement of sale of real estate in good faith, which is not binding under subsection (a) of this section and which is set aside upon receipt of a higher offer for such real estate, he shall not be relieved from the payment of real estate broker or broker's commissions to the broker who had procured such agreement of sale, and in the event that more than one real estate broker is entitled to commissions for said agreements of sale, then such commissions shall be equally

divided between or among such real estate brokers: Provided further, That the total aggregate commission paid as a percentage of the gross consideration of the final sale shall in no event exceed a fair commission for a single sale of the property involved. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 amended subsec. (b). Cross References. Section 3360 is referred to in sections 5153, 5521 of this title.
20 Pa.C.S. § 7781 — PA Code / Title 20 / Chapter 77 / Section 7781
Remedies for breach of trust - UTC 1001.
Status: in_force

(a) What constitutes breach of trust.--(Deleted by amendment).

(b) Remedies.--To remedy a breach of trust that has occurred or may occur, the court may order any appropriate relief, including the following:

(1) Compelling the trustee to perform the trustee's duties.

(2) Enjoining the trustee from committing a breach of trust.

(3) Compelling the trustee to redress a breach of trust by paying money, restoring property or other means.

(4) Ordering a trustee to file an account.

(5) Taking any action authorized by Chapter 43 (relating to temporary fiduciaries).

(6) (Reserved).

(7) Removing the trustee as provided in section 7766 (relating to removal of trustee - UTC 706).

(8) Reducing or denying compensation to the trustee.

(9) Subject to section 7790.2 (relating to protection of person dealing with trustee - UTC 1012):

(i) voiding an act of the trustee;

(ii) imposing a lien or a constructive trust on trust property; or

(iii) tracing trust property wrongfully disposed of and recovering the property or its proceeds.

(10) (Reserved). (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 deleted subsec. (a). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7781 is referred to in section 7766 of this title.
20 Pa.C.S. § 2113 — PA Code / Title 20 / Chapter 21 / Section 2113
Limitations of claims (Repealed).
Status: repealed

1976 Repeal. Section 2113 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
20 Pa.C.S. § 5535 — PA Code / Title 20 / Chapter 55 / Section 5535
Disposition of trust income.
Status: in_force

Except as otherwise provided by the trust instrument, the trustee of an inter vivos or testamentary trust, with the approval of the court having jurisdiction of the trust, may pay income distributable to a beneficiary who is an incapacitated person for whose estate no guardian has been appointed directly to the incapacitated person, or expend and apply it for his care and maintenance or the care, maintenance and education of his dependents. (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. § 8632 — PA Code / Title 20 / Chapter 86 / Section 8632
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act. (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 added section 8632. Section 11(3) of Act 90 provided that the addition of section 8632 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 713 — PA Code / Title 20 / Chapter 7 / Section 713
Special provisions for Philadelphia County.
Status: in_force

The provisions of section 711 (relating to mandatory exercise of jurisdiction through orphans' court division in general), insofar as they relate to adoptions and birth records, shall not apply to Philadelphia County. In Philadelphia County the jurisdiction over adoptions and all proceedings which may be necessary to be presented to a court for determination with regard to issues concerning recordation of birth and birth records or the alteration, amendment or modification of such birth records or the right to obtain a certified copy of the same, shall be exercised through the family court division of the court of common pleas. Whenever a resident of Philadelphia is entitled to take an appeal from the action of the Department of Health in connection with any matters concerning birth records, the appeal shall be taken to the family court division of the court of common pleas of Philadelphia. In all other matters in which a petition is addressed to a court by a resident of Philadelphia in connection with matters of birth records, the filing of which petition is not in the nature of an appeal but is an original proceeding, the petition shall be determined by the family court division of the court of common pleas of Philadelphia. Cross References. Section 713 is referred to in section 711 of this title; section 933 of Title 42 (Judiciary and Judicial Procedure).
20 Pa.C.S. § 3182 — PA Code / Title 20 / Chapter 31 / Section 3182
Grounds for removal.
Status: in_force

The court shall have exclusive power to remove a personal representative when he:

(1) is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law; or

(2) (Deleted by amendment).

(3) has become incapacitated to discharge the duties of his office because of sickness or physical or mental incapacity and his incapacity is likely to continue to the injury of the estate; or

(4) has removed from the Commonwealth or has ceased to have a known place of residence therein, without furnishing such security or additional security as the court shall direct; or

(4.1) has been charged with voluntary manslaughter or homicide, except homicide by vehicle, as set forth in sections 3155 (relating to persons entitled) and 3156 (relating to persons not qualified), provided that the removal shall not occur on these grounds if the charge has been dismissed, withdrawn or terminated by a verdict of not guilty; or

(5) when, for any other reason, the interests of the estate are likely to be jeopardized by his continuance in office. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 20, 2000, P.L.838, No.118, eff. 60 days) 2000 Amendment. Act 118 added par. (4.1). 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability. Cross References. Section 3182 is referred to in sections 5131, 5515 of this title.
20 Pa.C.S. § 5454 — PA Code / Title 20 / Chapter 54 / Section 5454
When health care power of attorney operative.
Status: in_force

(a) When operative.--Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes operative when:

(1) a copy is provided to the attending physician; and

(2) the attending physician determines that the principal is incompetent.

(b) When inoperative.--Unless otherwise specified in the health care power of attorney, a health care power of attorney becomes inoperative during such time as, in the determination of the attending physician, the principal is competent.

(c) Invalidity of specific direction.--If a specific direction in the health care power of attorney is held to be invalid, the invalidity does not negate other directions in the health care power of attorney that can be effected without the invalid direction.

(d) Duration.--Unless the health care power of attorney states a time of termination, notwithstanding the lapse of time since the health care power of attorney was executed, the health care power of attorney is valid until revoked by any of the following:

(1) The principal.

(2) The court.

(3) If authorized by the court, the principal's guardian of the person.

(e) Court approval unnecessary.--A health care decision made by a health care agent for a principal is effective without court approval. (July 8, 2016, P.L.497, No.79, eff. imd.) 2016 Amendment. Act 79 amended subsec. (d). Cross References. Section 5454 is referred to in section 5456 of this title.
20 Pa.C.S. § 7794 — PA Code / Title 20 / Chapter 77 / Section 7794
Title of purchaser.
Status: in_force

If the trustee has given a bond as required in accordance with this title, any sale, pledge, mortgage or exchange by a trustee, whether pursuant to a decree or to the exercise of a power conferred by the terms of a trust or of a power under this title, shall pass the full title of the trust in the property, unless otherwise specified. Persons dealing with the trustee shall have no obligation to see to the proper application of the cash or other assets given in exchange for the property of the trust. A sale or exchange by a trustee pursuant to a decree under section 3353 (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 the mortgage consents by writing filed in the proceeding. No sale, mortgage, exchange or conveyance shall be prejudiced by the subsequent dismissal of the trustee. No sale, mortgage, exchange or conveyance by a testamentary trustee shall be prejudiced by the terms of a will or codicil thereafter probated if the person dealing with the trustee did so in good faith. (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. § 3 — PA Code / Title 20 / Chapter 3 / Section 3
Use of existing forms by Department of Revenue.
Status: in_force

The Department of Revenue shall continue to use or recycle all forms which contain references to the Organ Donation Awareness Trust Fund for purposes of taxable years ending on or before December 31, 2000. For taxable years beginning on or after January 1, 2001, the Department of Revenue shall use forms which contain references to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.
20 Pa.C.S. § 7790.2 — PA Code / Title 20 / Chapter 77 / Section 7790.2
Protection of person dealing with trustee - UTC 1012.
Status: reserved

(a) (Reserved).

(a.1) Protection from liability.--Unless a person assisting or dealing with a trustee has actual knowledge that the trustee is committing a breach of trust or has knowledge of such facts that the trustee's conduct amounts to bad faith, the person:

(1) may assume without inquiry the existence of trust powers and their proper exercise by the trustee;

(2) is not bound to inquire whether the trustee has power to act or is properly exercising the power; and

(3) is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers the trustee purports to exercise.

(b) No requirement to inquire.--A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(c) (Reserved).

(c.1) Ultra vires.--A trustee's act may not be set aside or not specifically enforced because the trustee's act was not authorized by section 7780.5 (relating to powers of trustees - UTC 815) or 7780.6 (relating to illustrative powers of trustee) or because the trustee's act was authorized but the authority was improperly exercised. A court's power to set aside a transaction for fraud, accident, mistake or self-dealing is unaffected by this subsection.

(d) Former trustee.--A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.

(e) Effect of other laws.--Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section. Cross References. Section 7790.2 is referred to in sections 7705, 7772, 7781 of this title.
20 Pa.C.S. § 8704 — PA Code / Title 20 / Chapter 87 / Section 8704
Payments upon employee's death; third party claims.
Status: in_force

The trustee, custodian or committee charged with the responsibility of disbursing funds from any trust, custodial account, annuity or other funding arrangement under a pension, profit sharing, stock bonus, deferred compensation, disability, death benefit or other plan established by an employer for the benefit of its employees and their beneficiaries may pay funds upon the death of an employee or former employee to the beneficiaries entitled thereto under the plan or under a designation by the employee made pursuant to the plan and by making such payment shall be released from all claims by third parties. Pending such payment, such trustee, custodian or committee shall not be required to recognize any claim by third parties or to withhold disbursement pending the resolution of such claims, in the absence of an appropriate court order directed to it restraining such disbursement until further order of such court or instructing it to make disbursement of the account as provided in the order. Any person to whom payment

is made shall be answerable therefor to anyone prejudiced thereby.
20 Pa.C.S. § 7721 — PA Code / Title 20 / Chapter 77 / Section 7721
Scope; definition of trust matter.
Status: in_force

(a) Scope.--This subchapter shall apply to this entire chapter unless the context clearly specifies the contrary.

(b) Definition.--As used in this subchapter, the term "trust matter" includes a judicial proceeding and a nonjudicial settlement, agreement or act pertaining to any matter listed in section 7710.1(d) (relating to nonjudicial settlement agreements - UTC 111).
20 Pa.C.S. § 4111 — PA Code / Title 20 / Chapter 41 / Section 4111
To foreign personal representative.
Status: in_force

When a share of an estate administered in the Commonwealth is distributable to a deceased nonresident creditor or other distributee, the court may award it to his domiciliary personal representative or to some other person performing the function of a personal representative, unless it shall appear that the rights of any resident of the Commonwealth may be adversely affected or the court shall determine that for any reason ancillary administration within the Commonwealth is advisable.
20 Pa.C.S. § 7 — PA Code / Title 20 / Chapter 7 / Section 7
Validity of declarations under former chapter.
Status: in_force

The repeal of 20 Pa.C.S. Ch. 54 shall not affect the validity of any declaration executed pursuant to the sample form provided in former 20 Pa.C.S. § 5404(b) before, on or after the effective date of this section. 2012, JULY 5, P.L.975, NO.108
20 Pa.C.S. § 2209 — PA Code / Title 20 / Chapter 22 / Section 2209
Surviving spouse as witness.
Status: in_force

A person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under this chapter other than the creation of his status as the surviving spouse. (Feb. 18, 1982, P.L.45, No.26, eff. imd.)
20 Pa.C.S. § 6305 — PA Code / Title 20 / Chapter 63 / Section 6305
Form of account.
Status: in_force

The applicability of the provisions of section 6304 (relating to right of survivorship) is determined by the form of the account at the death of a party.
20 Pa.C.S. § 7785 — PA Code / Title 20 / Chapter 77 / Section 7785
Limitation of action against trustee.
Status: in_force

(a) Imposed by trustee's written reports.--

(1) A beneficiary is barred from challenging a transaction or asserting a claim against a trustee for breach of trust if:

(i) the trustee provided the beneficiary at least annually with periodic written financial reports concerning the trust;

(ii) the transaction was disclosed in a report to which subparagraph (i) refers or such report provided sufficient information so that the beneficiary knew or should have known of the potential claim or should have inquired into its existence;

(iii) in the 30 months after a report to which subparagraph (ii) refers was sent by the trustee to the beneficiary, the beneficiary did not notify the trustee in writing that the beneficiary challenges the transaction or asserts a claim and provides in writing the basis for that challenge or assertion; and

(iv) all reports were accompanied by a conspicuous written statement describing the effect of this paragraph.

(2) A claim not barred by paragraph (1) may nevertheless be barred by subsection (b).

(3) In a writing given to the trustee, a beneficiary of a trust may nominate another person to receive, on behalf of the beneficiary, the reports required by this section. By giving the reports required by this section to the nominee of the beneficiary, the trustee satisfies the trustee's duty to give the beneficiary the reports required by this section if:

(i) the trustee notifies the nominee that the report and future reports required by this section are being given to the nominee as representative of the beneficiary; and

(ii) the nominee does not decline to receive reports on behalf of the beneficiary in a writing given to the trustee no later than 60 days after receipt of the notice described in this subsection.

(4) The trustee may rely upon the beneficiary's nomination of another person to receive the reports required by this section on behalf of the beneficiary and the nominee's presumed acceptance of that representation under this subsection until the trustee receives a written rescission of the nomination from the beneficiary or a written declination to receive further reports from the

nominee. No such rescission or declination shall render ineffective any report given by the trustee to the nominee before the trustee received the rescission or declination.

(b) Five-year absolute bar.--If not previously barred by subsection (a) or section 7798 (relating to failure to present claim at audit):

(1) Except as provided in paragraph (1.1), (2) or (3), a claim by a beneficiary against a trustee, including a claim preserved by the beneficiary notifying the trustee in the manner described in subsection (a), shall be barred five years after the first to occur of the following events:

(i) the date after the removal, resignation or death of the trustee on which the beneficiary was given the notice required by section 7780.3(g) (relating to duty to inform and report);

(ii) the termination of the beneficiary's interest in the trust; or

(iii) the termination of the trust.

(1.1) A beneficiary who has challenged a transaction or asserted a claim as provided in subsection (a)(1)(iii) may not challenge the transaction or assert the claim against the trustee in a court or an arbitration proceeding commenced more than five years after the date the trustee sent the beneficiary the report described in subsection (a)(1)(i) and

(ii).

(2) Except as set forth in paragraph (3), if the first to occur of the events set forth in paragraph (1) occurred before November 6, 2006, a claim described in paragraph (1) shall be barred five years after November 6, 2006.

(3) A claim described in paragraph (1) or (1.1) is not barred if, prior to the respective date set forth in either paragraph (1) or (2), the trustee has filed an account with the court or the beneficiary has petitioned the court to compel the trustee to file an account. (Oct. 27, 2010, P.L.837, No.85, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Act 79 added subsec. (a)(3) and (4). Cross References. Section 7785 is referred to in sections 5603, 7772, 7780.24 of this title.
20 Pa.C.S. § 7725 — PA Code / Title 20 / Chapter 77 / Section 7725
Notice of representation.
Status: in_force

A person representing another must be given written notice by the trustee that the person is representing the other person. A person to whom the notice is given is presumed to accept the representation unless the person declines the representation in a writing delivered to the trustee no later than 30 days after receipt of the notice. (Oct. 27, 2010, P.L.837, No.85, eff. 60 days) Cross References. Section 7725 is referred to in section 7722 of this title.
20 Pa.C.S. § 7712 — PA Code / Title 20 / Chapter 77 / Section 7712
Jurisdiction over trustee and beneficiary - UTC 202.
Status: in_force

(a) Personal jurisdiction over trustee.--By accepting the trusteeship of a trust having its situs in this Commonwealth or by moving the situs to this Commonwealth, the trustee submits personally to the jurisdiction of the courts of this Commonwealth regarding any matter involving the trust.

(b) Personal jurisdiction over beneficiary.--With respect to their interests in the trust, the beneficiaries of a trust having its situs in this Commonwealth are subject to the jurisdiction of the courts of this Commonwealth regarding any matter involving the trust. By not releasing or disclaiming the beneficiary's beneficial interest in the trust, a beneficiary of a trust having its situs in this Commonwealth submits personally to the jurisdiction of the courts of this Commonwealth regarding any matter involving the trust.

(c) Additional jurisdictional methods.--This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust.
20 Pa.C.S. § 5447 — PA Code / Title 20 / Chapter 54 / Section 5447
Form.
Status: in_force

A living will may be in any written form expressing the wishes of a principal regarding the initiation, continuation, withholding or withdrawal of life-sustaining treatment and may include other specific directions, including, but not limited to, designation of a health care agent to make health care decisions for the principal if the principal is determined to be incompetent and to have an end-stage medical condition or is permanently unconscious. An example of a living will appears in the combined form set forth in Subchapter D (relating to combined form).
20 Pa.C.S. § 3153 — PA Code / Title 20 / Chapter 31 / Section 3153
Contents of petition.
Status: in_force

A petition for the grant of letters testamentary or of administration shall state, under oath, so far as they are known:

(1) The decedent's name, age, state or country of domicile, his last family or principal residence, and the place and day of his death.

(2) If the decedent died intestate, the name and residence address of the surviving spouse, if any, and the names, relationships and residence addresses of other heirs.

(3) If the decedent died testate, whether the will was modified by the occurrence of any of the circumstances delineated in section 2507 (relating to modification by circumstances).

(4) If the decedent was domiciled in the Commonwealth at the time of his death, the estimated value of all his personal property, and the estimated value and the location of his real property situated in the Commonwealth.

(5) If the decedent was not domiciled in the Commonwealth at the time of his death, the estimated value of his personal property in the Commonwealth, the estimated value of his personal property in the county in which the petition is filed, and the estimated value and location of his real property in the Commonwealth.

(6) The name and residence address of each person to whom letters are requested to be granted.

(7) Any other facts necessary to entitle the petitioner to letters. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days) 1980 Amendment. Act 118 amended par. (1). 1974 Amendment. Act 293 amended par. (3). Cross References. Section 3153 is referred to in section 3908 of this title.
20 Pa.C.S. § 8628 — PA Code / Title 20 / Chapter 86 / Section 8628
Requirements for physician and nurse training relative to organ and tissue donation and recovery.
Status: in_force

The State Board of Medicine, the State Board of Osteopathic Medicine and the State Board of Nursing shall promulgate regulations requiring physicians, osteopathic physicians and professional nurses to complete a two-hour course on organ and tissue donation and recovery designed to address the clinical aspects of the donation and recovery process as a condition of license renewal. The course may include information about donation of hands, facial tissue and limbs and other vascularized composite allografts. The course shall be completed within five years of initial licensure or within five years of licensure renewal, whichever occurs first. (Oct. 23, 2018, P.L.594, No.90, eff. imd.) 2018 Amendment. Act 90 added section 8628.
20 Pa.C.S. § 3383 — PA Code / Title 20 / Chapter 33 / Section 3383
Statutes of limitations; claims not barred at death.
Status: in_force

The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which otherwise would be barred within one year after the death of the decedent shall not be barred until the expiration of one year after his death. Nothing in this section shall be construed to shorten the period which would have been allowed by any applicable statute of limitations if the decedent had continued to live.
20 Pa.C.S. § 5911 — PA Code / Title 20 / Chapter 59 / Section 5911
Definitions; significant connection factors.
Status: in_force

(a) Definitions.--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:

"Emergency." A circumstance:

(1) which likely will result in substantial harm to a respondent's health, safety or welfare; and

(2) for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.

"Home state." One of the following:

(1) The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.

(2) If the requirement of paragraph (1) is not met, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

"Significant-connection state." A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b) Significant connection factors.--In determining under sections 5913 (relating to jurisdiction) and 5921(e) (relating to transfer of guardianship or conservatorship to another state) whether a respondent has a significant connection with a particular state, the court shall consider all of the following:

(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding.

(2) The length of time the respondent at any time was physically present in the state and the duration of any absence.

(3) The location of the respondent's property.

(4) The extent to which the respondent has ties to the state. This paragraph includes voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services. Cross References. Section 5911 is referred to in section 5921 of this title.
20 Pa.C.S. § 5534 — PA Code / Title 20 / Chapter 55 / Section 5534
Recognition of claims.
Status: in_force

Upon the audit of the account of the guardian of a person who has died during incapacity, the auditing judge or auditor passing on the account shall not pass upon any claims against the estate of the incapacitated person other than necessary administration expenses, including compensation of the guardian and his attorney. All claims remaining unpaid at the incapacitated person's death shall be presented to the personal representative. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 7780.15 — PA Code / Title 20 / Chapter 77 / Section 7780.15
Powers of trust director and shared powers - UDTA 6.
Status: in_force

(a) Grant of powers.--The terms of a trust may grant a power of direction to one or more trust directors. A power of

direction may extend to any one or more of a trustee's powers, subject to section 7780.18 (relating to limitations on powers of trust director - UDTA 7).

(b) Shared powers.--Trust directors that share powers may act by majority decision unless the terms of the trust provide otherwise.
20 Pa.C.S. § 2508 — PA Code / Title 20 / Chapter 25 / Section 2508
Change by election of surviving spouse (Repealed).
Status: repealed

1978 Repeal. Section 2508 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
20 Pa.C.S. § 2101 — PA Code / Title 20 / Chapter 21 / Section 2101
Intestate estate.
Status: in_force

(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will.

(b) Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share. (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
20 Pa.C.S. § 5917 — PA Code / Title 20 / Chapter 59 / Section 5917
Jurisdiction declined by reason of conduct.
Status: in_force

(a) Judicial options.--If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may exercise an option under any of the following paragraphs:

(1) Decline to exercise jurisdiction.

(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to:

(i) ensure the health, safety and welfare of the respondent or the protection of the respondent's property; or

(ii) prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.

(3) Continue to exercise jurisdiction after considering:

(i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5916(c) (relating to appropriate forum); and

(iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5913 (relating to jurisdiction).

(b) Costs and fees.--If a court of this Commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against the Commonwealth, a political subdivision or an instrumentality of the Commonwealth unless authorized by law other than this chapter.
20 Pa.C.S. § 724 — PA Code / Title 20 / Chapter 7 / Section 724
Situs of inter vivos trust (Deleted by amendment).
Status: in_force

2006 Amendment. Section 724 was deleted by amendment July 7, 2006, P.L.625, No.98, effective in 120 days.
20 Pa.C.S. § 8816 — PA Code / Title 20 / Chapter 88 / Section 8816
Intent to transfer notwithstanding elder abuse.
Status: in_force

Notwithstanding the provisions of this chapter, an elder abuser may acquire any property or receive any benefits as the result of the death of the victim if it is proven by clear and convincing evidence that either:

(1) the victim knew of the conviction but expressed or ratified intent to transfer the property, benefit or interest to the elder abuser; or

(2) the victim and the elder abuser reconciled following the conviction of elder abuse. (July 1, 2024, P.L.444, No.40, eff. 180 days) 2024 Amendment. Act 40 added section 8816. APPENDIX TO TITLE 20 DECEDENTS, ESTATES AND FIDUCIARIES ------- Supplementary Provisions of Amendatory Statutes ------- 1972, JUNE 30, P.L.508, NO.164 § 4. Effective date and savings provision. This act shall take effect on July 1, 1972. The provisions of this code, so far as they are common to those of laws repealed herein, are intended as a continuation of such laws, and not as new enactments. All rights provided by and liabilities incurred under such earlier law are preserved and may be enforced. 1974, OCTOBER 10, P.L.720, NO.242 § 4. Effective date and applicability.

This act shall take effect immediately and shall apply without regard to the date of the instrument or court order under which a fiduciary is acting or may act. Explanatory Note. Act 242 added section 3321(d) and (e) and amended section 7133(8) of Title 20. 1974, DECEMBER 10, P.L.867, NO.293 § 20. Effective date and legislative intent.

(a) In general.--This act shall take effect immediately.

(b) Exceptions; legislative intent.--As it is the intent of the General Assembly that the language added to sections 908, 2510, the second, fourth and fifth sentences of section 3102, section 3351, paragraph (6) of section 5153, the first sentence of section 5154, section 5303, the second sentence of subsection (g) of section 5305, paragraph (31) of section 5521, section 5533.1, subsection (b) of section 6103, subsection (d) of section 6111, and paragraph (21.1) of section 7133, should have been enacted in the Probate, Estates and Fiduciaries Code, said inclusions shall be retroactive to July 1, 1972, the effective date of said code. 1976, JULY 9, P.L.562, NO.136 § 3. Effective date and applicability. This act shall take effect immediately and shall apply to any disclaimer hereafter made of any interest that would have devolved by reason of a transfer or death whether before or after the effective date of this act. Explanatory Note. Act 136 amended section 6103(a) and added
20 Pa.C.S. § 7735 — PA Code / Title 20 / Chapter 77 / Section 7735
Charitable purposes; enforcement - UTC 405.
Status: in_force

(a) Purposes.--A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community.

(b) Selection by court.--If the terms of a charitable trust do not indicate or authorize the trustee to select a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.

(c) Proceeding to enforce trust.--A proceeding to enforce a charitable trust may be brought by the settlor during the settlor's lifetime or at any time by the Attorney General, a charitable organization expressly named in the terms of the trust to receive distributions from the trust or any other person who has standing to do so. (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 7735 is referred to in section 7703 of this title.
20 Pa.C.S. § 7780.7 — PA Code / Title 20 / Chapter 77 / Section 7780.7
Distribution upon termination.
Status: in_force

Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed to distribute the trust property within a reasonable time to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses and taxes.
20 Pa.C.S. § 5804 — PA Code / Title 20 / Chapter 58 / Section 5804
Compliance.
Status: in_force

(a) Duty to comply.--

(1) An attending physician and mental health care provider shall comply with mental health declarations and powers of attorney.

(2) If an attending physician or other mental health care provider cannot in good conscience comply with a declaration or mental health care decision of a mental health care agent because the instructions are contrary to accepted clinical practice and medical standards or because treatment is unavailable or if the policies of a mental health care provider preclude compliance with a declaration or mental health care decision of a mental health care agent, immediately upon receipt of the declaration or power of attorney and as soon as any possibility of noncompliance becomes apparent, the attending physician or mental health care provider shall so inform the following:

(i) The declarant if the declarant is competent.

(ii) The substitute named in the declaration if the declarant is incompetent.

(iii) The guardian or other legal representative of the declarant if the declarant is incompetent and a substitute is not named in the declaration.

(iv) The mental health care agent of the principal.

(3) The physician or mental health care provider shall document the reasons for noncompliance.

(b) Transfer.--An attending physician or mental health care provider under subsection (a)(2) shall make every reasonable effort to assist in the transfer of the declarant or principal to another physician or mental health care provider who will comply with the declaration or mental health care decision of the mental health care agent. While the transfer is pending, the patient shall be treated consistent with the declaration or mental health care decision of the mental health agent. If reasonable efforts to transfer fail, the patient may be discharged. Cross References. Section 5804 is referred to in section 5824 of this title.
20 Pa.C.S. § 3318 — PA Code / Title 20 / Chapter 33 / Section 3318
Revival of judgments against personal representative.
Status: in_force

When the estate holds a judgment which is a lien on the real estate of the personal representative, any party in interest may suggest his interest in the judgment upon the record thereof and bring an appropriate action to revive it and to continue its lien. Any judgment so revived shall remain for the use of all parties in interest. Cross References. Section 3318 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 5424 — PA Code / Title 20 / Chapter 54 / Section 5424
Compliance.
Status: in_force

(a) Notification by attending physician or health care provider.--If an attending physician or other health care provider cannot in good conscience comply with a living will or health care decision of a health care agent or health care representative or if the policies of a health care provider preclude compliance with a living will or health care decision of a health care agent or health care representative, the attending physician or health care provider shall so inform the principal if the principal is competent or the principal's health care agent or health care representative if the principal is incompetent.

(b) Transfer.--The attending physician or health care provider under subsection (a) shall make every reasonable effort to assist in the transfer of the principal to another physician or health care provider who will comply with the living will or health care decision of the health care agent or health care representative.

(c) Employee or staff member of health care provider.--

(1) An employee or a staff member of a health care provider may not be required to participate in the withholding or withdrawal of life-sustaining treatment.

(2) A health care provider that is an employer may not discharge or in any other manner discriminate against its employee or staff member as a result of informing the employer of the employee's choice not to participate in the withholding or withdrawal of life-sustaining treatment.

(3) A health care provider that is an employer may require its employee or staff member to express in writing the wishes or unwillingness of the employee or staff member as set forth in this subsection.

(d) Liability.--If transfer under subsection (b) is impossible, the provision of life-sustaining treatment to a principal may not subject an attending physician or a health care provider to criminal or civil liability or administrative sanction for failure to carry out either the provisions of a living will or a health care decision of a health care agent or health care representative. Cross References. Section 5424 is referred to in sections 5431, 5443 of this title.
20 Pa.C.S. § 7780.11 — PA Code / Title 20 / Chapter 77 / Section 7780.11
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Directed Trust Act.
20 Pa.C.S. § 8654 — PA Code / Title 20 / Chapter 86 / Section 8654
Requirement of explicit, specific and separate authorization.
Status: in_force

The following apply:

(1) An individual of sound mind who is 18 years of age or older may authorize recovery of hands, facial tissue, limbs and other vascularized composite allografts. The authorization may be in a will, living will, health care power of attorney, power of attorney or other document. In order to be valid, the authorization must be in writing, witnessed by two other individuals and explicitly and specifically state that the individual authorizes the recovery of the individual's hands, facial tissue, limbs or other vascularized composite allografts. The authorization must be provided separately from an anatomical donation. If the individual explicitly, specifically and separately authorizes such a gift and requests reconstructive surgery, then the surgery shall be provided at no cost to the individual or the individual's family or representative. Any limitations on the provision of the gift authorized by the individual shall be honored by the hospital, a donee under section 8662 (relating to donees and vascularized composite allografts), health care professionals involved in the recovery and transplantation process, the organ procurement organizations and any other person involved with the donation and recovery of a vascularized composite allograft. If the individual authorizes a gift of hands, facial tissue, limbs or other vascularized composite allografts, then authorization of a surrogate decision maker shall not be necessary.

(2) It is unlawful for a minor to authorize the donation of the minor's hands, facial tissue, limbs or other

vascularized composite allografts. In the case of a minor whose death is imminent or who has died in a hospital, a parent or guardian may authorize donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts if the parent or guardian does not have actual notice of contrary indications on the part of the minor with respect to making a donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts and there is no actual notice of opposition by the other parent. If the parent or guardian has actual notice of contrary indications or there is actual notice of opposition by the other parent, then the parent or guardian is not authorized to make such a gift. The hospital, health care professionals, organ procurement organization and a donee under section 8662 shall not effectuate a donation if the minor evidenced contrary indications regarding donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts or there is actual notice of opposition by the other parent.

(3) A gift of a vascularized composite allograft under this section may be revoked or amended at any time and in the manner specified in section 8615 (relating to amendment or revocation of gift). Cross References. Section 8654 is referred to in section 305 of this title.
20 Pa.C.S. § 2107 — PA Code / Title 20 / Chapter 21 / Section 2107
Persons born out of wedlock.
Status: in_force

(a) Child of mother.--For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his mother.

(b) Marriage of parents.--(Deleted by amendment).

(c) Child of father.--For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his father when the identity of the father has been determined in any one of the following ways:

(1) If the parents of a child born out of wedlock shall have married each other.

(2) If during the lifetime of the child, the father openly holds out the child to be his and receives the child into his home, or openly holds the child out to be his and provides support for the child which shall be determined by clear and convincing evidence.

(3) If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity. (Nov. 26, 1978, P.L.1269, No.303, eff. imd.) Cross References. Section 2107 is referred to in sections 2514, 6114 of this title.
20 Pa.C.S. § 3553 — PA Code / Title 20 / Chapter 35 / Section 3553
Discharge of property from lien of charge.
Status: in_force

(a) Payment into court.--When real or personal property by will, inter vivos trust or decree is subject to a charge which has become payable, the court which has jurisdiction of the estate or trust, upon petition of a party in interest and after such notice as it shall direct, shall enter a decree fixing the amount of the charge then payable, and directing that it be paid into court and that upon such payment the property shall be discharged from so much of the charge as shall be paid into court. When the amount of the charge does not appear as a matter of record, the court, by appointment of a master or by investigation in open court, may ascertain and fix the amount. A certified copy of every decree relieving real property of the lien of a charge shall be recorded in the deed book in the office of the recorder of deeds of each county where the real estate shall lie, and shall be indexed by the recorder in the grantor's index under the name of the decedent or settlor, as the case may be, and in the grantee's index under the name of the owner of the land: Provided, That no conditional decree shall be recorded unless there is offered for recording, concurrently therewith, written evidence of compliance with the condition.

(b) Distribution of moneys paid into court.--Any money paid into court under the provisions of this section, subject to the laws of the Commonwealth relating to the payment of unclaimed funds into the State Treasury without escheat, shall remain there until the court, on petition of a party in interest and after such notice as it shall direct, aided by the report of a master if necessary, shall direct distribution to the persons

entitled. The court may, in its discretion, appoint an auditor to make such distribution.
20 Pa.C.S. § 3391 — PA Code / Title 20 / Chapter 33 / Section 3391
Proceeding against personal representative.
Status: in_force

Any proceeding may be brought against a personal representative or the surety on his bond in the county where his letters have been granted, and if the personal representative or surety does not reside in that county, process may be served on either of them personally, or as follows:

(1) When resident of another county.--By a duly deputized sheriff of any other county of the Commonwealth in which he shall be found.

(2) When a nonresident of the Commonwealth.--By the sheriff of the county where letters have been granted sending, by registered mail, return receipt requested, a true and attested copy of the process to the Department of State, accompanied by the fee prescribed by law, and to the personal representative or surety at his last known address, with an endorsement thereon showing that service has been so made upon the Department of State.
20 Pa.C.S. § 4301 — PA Code / Title 20 / Chapter 43 / Section 4301
Appointment of temporary fiduciary.
Status: in_force

Whenever and for so long as any fiduciary is in military service, in other government service, in a position of conflicting interest or in any situation where his functioning as a fiduciary for a temporary period may not be in the best interests of the estate, the court having jurisdiction over such fiduciary shall have the power in its discretion:

(1) to authorize the cofiduciary or cofiduciaries, if any, to exercise all or specified powers of the incapacitated fiduciary, whether discretionary or ministerial; or

(2) to appoint a substituted fiduciary pro tem to act in place of the incapacitated fiduciary and to authorize the substituted fiduciary pro tem to exercise all or specified powers and discretion of the incapacitated fiduciary. Cross References. Section 4301 is referred to in sections 4302, 4303, 4304, 4305, 4306 of this title.
20 Pa.C.S. § 3152 — PA Code / Title 20 / Chapter 31 / Section 3152
When 21 years elapsed.
Status: in_force

Letters testamentary or of administration shall not be granted after the expiration of 21 years from the decedent's death, except on the order of the court, upon cause shown.
20 Pa.C.S. § 7748 — PA Code / Title 20 / Chapter 77 / Section 7748
Property subject to power of withdrawal - UTC 505(b).
Status: in_force

Trust property that is subject to a power of withdrawal, during the period the power may be exercised and after its lapse, release or waiver, may be reached by a creditor or an assignee of the holder of the power whether or not the interest of the holder in the trust is subject to a spendthrift provision.
20 Pa.C.S. § 6118 — PA Code / Title 20 / Chapter 61 / Section 6118
Invalidity of certain gifts (Repealed).
Status: repealed

1976 Repeal. Section 6118 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
20 Pa.C.S. § 7306 — PA Code / Title 20 / Chapter 73 / Section 7306
Obligations of governmental organizations existing pursuant to the laws of Pennsylvania, other states and the District of Columbia.
Status: in_force

Obligations of any authority, commission or similar governmental organization existing pursuant to the laws of this Commonwealth or the laws of any other state or of the District of Columbia shall be authorized investments if purchased or retained in the exercise of that degree of judgment and care, under circumstances then prevailing, which men of prudence,

discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income to be derived therefrom as well as the probable safety of their capital. The authorization to make and retain investments pursuant to this section shall be in addition to, and independent of, authorizations to make investments pursuant to other provisions of this chapter and requirements applicable under other provisions of this chapter shall not affect investments also authorized by this section. (Dec. 10, 1974, P.L.867, No.293, eff. imd.)
20 Pa.C.S. § 8610 — PA Code / Title 20 / Chapter 86 / Section 8610
Scope of subchapter.
Status: in_force

Nothing in this subchapter shall be construed to authorize the donation of vascularized composite allografts, including hand, facial tissue and limb transplants, from an individual whose death is imminent or who has died at the hospital. Donation of vascularized composite allografts from an individual whose death is imminent or who has died at the hospital shall be in accordance with Subchapter D (relating to hands, facial tissue, limbs and other vascularized composite allografts). (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 added section 8610. Section 11(3) of Act 90 provided that the addition of section 8610 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 7799.3 — PA Code / Title 20 / Chapter 77 / Section 7799.3
Pooled trusts for individuals with disabilities.
Status: in_force

(a) Scope.--This section relates to pooled trusts.

(b) Organization of pooled trust.--

(1) A pooled trust shall be administered by a trustee governed by a board. The trust may employ persons as necessary.

(2) The members of a board and employees of a trustee, if any, shall stand in a fiduciary relationship to the beneficiaries and the trustee regarding investment of the trust and shall not profit, either directly or indirectly, with respect to the investment.

(3) A trustee shall maintain a separate account for each beneficiary of a pooled trust; but, for purposes of investment and management of funds, the trustee may pool these accounts. The trustee shall have exclusive control and

authority to manage and invest the money in the pooled trust in accordance with this section, subject, however, to the exercise of that degree of judgment, skill and care under the prevailing circumstances that persons of prudence, discretion and intelligence who are familiar with investment matters exercise in the management of their affairs, considering the probable income to be derived from the investment and the probable safety of their capital. The trustee may charge a trust management fee to cover the costs of administration and management of the pooled trust.

(4) A board member shall disclose and abstain from participation in a discussion or voting on an issue if a conflict of interest arises with the board member on a particular issue or vote.

(5) No board member may receive compensation for services provided as a member of the board. No fees or commissions may be paid to a board member. A board member may be reimbursed for necessary expenses incurred which are in the best interest of the beneficiaries of the pooled trust as a board member upon presentation of receipts.

(6) The trustee shall disburse money from a beneficiary's account for the sole benefit of the beneficiary. A disbursement from a beneficiary's account must have a reasonable relationship to the needs of the beneficiary.

(c) Pooled trust fund.--Before the funding of a pooled trust, all liens and claims in favor of the Department of Public Welfare for repayment of cash and medical assistance shall first be satisfied. All money received for pooled trust funds shall be deposited with a court-approved corporate fiduciary or with the State Treasury if no court-approved corporate fiduciary is available to the trustee. The funds shall be pooled for investment and management. A separate account shall be maintained for each beneficiary, and quarterly accounting statements shall be provided to each beneficiary by the trustee. The court-approved corporate fiduciary or the State Treasury shall provide quarterly accounting statements to the trustee. The court-approved corporate fiduciary or the State Treasury may charge a trust management fee to cover the costs of managing the funds in the pooled trust.

(d) Reporting.--

(1) In addition to reports required to be filed under 15 Pa.C.S. Pt. III (relating to partnerships and limited liability companies), the trustee shall file an annual report with the Office of Attorney General and the Department of Public Welfare, along with an itemized statement which shows the funds collected for the year, income earned, salaries paid, other expenses incurred and the opening and final trust balances. A copy of this statement shall be available to the beneficiary, settlor or designee of the settlor upon request.

(2) The trustee shall prepare and provide each settlor or the settlor's designee annually with a detailed individual statement of the services provided to the settlor's beneficiary during the previous 12 months and of the services to be provided during the following 12 months. The trustee shall provide a copy of this statement to the beneficiary upon request.

(e) Coordination of services.--

(1) The Department of Public Welfare shall review and approve the pooled trust of an applicant for medical assistance.

(2) In the determination of eligibility for medical assistance benefits, the interest of a disabled beneficiary in a pooled trust that has been approved by the Department of Public Welfare shall not be considered as a resource for purposes of determining the beneficiary's eligibility for medical assistance.

(3) No State agency may reduce the benefits or services available to an individual because that person is a beneficiary of a pooled trust. The beneficiary's interest in a pooled trust is not reachable in satisfaction of a claim for support and maintenance of the beneficiary.

(f) Notice.--The Office of Attorney General and the Department of Public Welfare shall make available information on the treatment of pooled trusts for the individuals with disabilities in the medical assistance program.

(g) Applicability.--This section shall apply to all of the following:

(1) Pooled trusts established after March 8, 2003.

(2) Accounts of individual beneficiaries established after March 8, 2003, in pooled trusts created before March 9, 2003.

(h) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Beneficiary." An individual with a disability who has the right to receive services and benefits of a pooled trust.

"Board." A group of persons vested with the management of the business affairs of a trustee.

"Disability." A physical or mental impairment as defined in section 1614 of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1382c).

"Pooled trust." A trust which meets all of the following:

(1) The trust contains assets of more than one beneficiary.

(2) Each beneficiary is an individual with a disability.

(3) The trust is managed by a nonprofit corporation.

(4) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust pools these accounts. Accounts in the trust may be established by the parent, grandparent or legal guardian of the individual with a disability, by the individual with a disability or by a court.

(5) The trust provides that any money remaining in a beneficiary's account upon the death of the beneficiary that is not retained by the trust will be paid to the Commonwealth, up to the total amount of medical assistance paid on behalf of the beneficiary.

"Trustee." A nonprofit organization that manages a pooled trust. (Oct. 27, 2014, P.L.2897, No.186, eff. 60 days) 2014 Amendment. Act 186 amended the section heading and subsecs. (f) and (h). Special Provisions in Appendix. See section 15 of Act 98 of 2006 in the appendix to this title for special provisions relating to consolidation of Pooled Trust Act. 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. § 8142 — PA Code / Title 20 / Chapter 81 / Section 8142
Distribution from trust or estate.
Status: in_force

A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and shall allocate to principal an amount received as a distribution of principal from such a trust or estate. If a trustee purchases an interest in a trust that is an investment entity or a decedent or donor transfers an interest in such a trust to a trustee, section 8141 (relating to character of receipts) or 8155 (relating to asset-backed securities) applies to a receipt from the trust. Cross References. Section 8142 is referred to in section 8141 of this title.
20 Pa.C.S. § 3554 — PA Code / Title 20 / Chapter 35 / Section 3554
Presumption of payment, release or extinguishment.
Status: in_force

(a) Lapse of 20 years.--When:

(1) for 20 years after the same or any part thereof becomes due, no payment has been made on account of a dower, recognizance, legacy, annuity instalment, or other charge, created by will, agreement, inter vivos trust or court decree, upon real property; or

(2) no proceeding has been brought or no written acknowledgment of the existence thereof or no written promise to pay the same has been made within such period by the owner or owners of the property subject to the charge; a release or extinguishment thereof shall be presumed, and the charge shall thereafter be irrecoverable.

(b) Perpetuation of evidence.--The evidence of any such payment or written acknowledgment or promise may be perpetuated by recording it in the office of the recorder of deeds of the county or counties in which the real property bound by the charge is situate. The recorder of deeds shall index such evidence in the grantor's index under the name of the record owner or owners of the real property and in the grantee's index under the name of the owner or owners of the charge.

(c) Renewal of evidence every 20 years.--If such evidence of the charge is so recorded and indexed within the said period of 20 years, it shall remain a charge on the real property for a period of 20 years from the time of indexing and no longer: Provided, That such evidence may be renewed within successive periods of 20 years, as often as necessary.

(d) Irrecoverable after 20 years.--If such evidence does not appear of record and is not indexed as herein provided within a period of 20 years or within the periods provided for a renewal thereof, then said dower, recognizance, legacy, annuity instalment, or other charge shall be irrecoverable from any purchaser, mortgagee, or other lien creditor.
20 Pa.C.S. § 924 — PA Code / Title 20 / Chapter 9 / Section 924
Recording proceedings in another county.
Status: in_force

Copies of wills and probate proceedings and records of the grant of letters of administration and proceedings relating thereto, duly certified by the register, may be filed in the office of the register in any county where real estate of the decedent is located. The register with whom such papers are filed shall forthwith record the same, and the record thereof shall be as valid and effectual in law as the original, or its duly certified copy, or its record would be for all purposes of vesting title, of evidence, and of notice.
20 Pa.C.S. § 7766 — PA Code / Title 20 / Chapter 77 / Section 7766
Removal of trustee - UTC 706.
Status: in_force

(a) Request to remove trustee; court authority.--The settlor, a cotrustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.

(b) When court may remove trustee.--The court may remove a trustee if it finds that removal of the trustee best serves the interests of the beneficiaries of the trust and is not inconsistent with a material purpose of the trust, a suitable cotrustee or successor trustee is available and:

(1) the trustee has committed a serious breach of trust;

(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3) the trustee has not effectively administered the trust because of the trustee's unfitness, unwillingness or persistent failures; or

(4) there has been a substantial change of circumstances. A corporate reorganization of an institutional trustee, including a plan of merger or consolidation, is not itself a substantial change of circumstances.

(c) Court remedies.--Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under section 7781(b) (relating to remedies for breach of trust - UTC 1001) as may be necessary to protect the trust property or the interests of the beneficiaries.

(d) Procedure.--The procedure for removal and discharge of a trustee and the effect of removal and discharge shall be the same as that set forth in sections 3183 (relating to procedure for and effect of removal) and 3184 (relating to discharge of personal representative and surety).

(e) Cross reference.--See section 1608 of the act of November 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965. (Oct. 27, 2010, P.L.837, No.85, eff. 60 days) 2010 Amendment. Act 85 amended subsec. (b) and added subsec.

(e). Cross References. Section 7766 is referred to in sections 7780.27, 7781 of this title.