20 Pa.C.S. § 3706 — PA Code / Title 20 / Chapter 37 / Section 3706
Enforcement of contribution or exoneration of Federal estate tax.
Status: in_force

(a) Duty to pay.--Parties liable for apportionment of the Federal estate tax, whether residents or nonresidents of this Commonwealth, shall pay the amounts apportioned against them at the time the Federal estate tax is due, without regard to any extension of time for paying such tax.

(b) Power of fiduciary.--The fiduciary charged with the duty to pay the Federal estate tax may recover from parties liable to apportionment the amounts of Federal estate tax apportioned to them. If the fiduciary pays the tax apportioned against another party, the fiduciary may recover from the other party the tax payment so advanced, together with interest of 5% per annum from the date of payment.

(c) Suspending distribution.--Distribution or delivery of property to any party, other than a fiduciary charged with a duty to pay the Federal estate tax, shall not be required of any fiduciary until that party pays the Federal estate tax apportioned to that party.

(d) Court decrees.--Notwithstanding subsections (a) and

(b), the court, upon petition or at an accounting or in any appropriate action or proceeding, shall make such decrees or orders as it shall deem advisable apportioning the Federal estate tax. The court may direct a fiduciary to collect the apportioned amounts from the property or interests in his possession of any parties against whom apportionment has been made and may direct all other parties against whom the Federal estate tax has been or may be apportioned or from whom any part of the Federal estate tax may be recovered to make payment of the apportioned amounts to the fiduciary. When a fiduciary holds property of a party liable to apportionment insufficient to satisfy the apportioned Federal estate tax, the court may direct that the balance of the apportioned amount of Federal estate tax shall be paid to the fiduciary by the party liable. Should an overpayment of the Federal estate tax be made by any party or on his behalf, the court may direct an appropriate reimbursement for the overpayment. If the court apportions any part of the Federal estate tax against any party interested in nontestamentary property or among the respective interests

created by any nontestamentary instrument, the court, in its discretion, may assess against those properties or interests an equitable share of the expenses incurred in connection with the determination and apportionment of the Federal estate tax. If the fiduciary cannot recover the Federal estate tax apportioned against a party benefited, the unrecovered amount shall be charged in such manner as the court may determine. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
20 Pa.C.S. § 8502 — PA Code / Title 20 / Chapter 85 / Section 8502
Beneficiaries of another person's disposition of property.
Status: in_force

Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries, and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
20 Pa.C.S. § 3503 — PA Code / Title 20 / Chapter 35 / Section 3503
Notice to parties in interest.
Status: in_force

The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known to the personal representative to have or assert an interest in the estate as beneficiary, heir, next of kin or claimant, unless the interest of such person has been satisfied or unless such person fails to respond to a demand under section 3532(b.1) (relating to at risk of personal representative). (Dec. 16, 1992, P.L.1163, No.152, eff. imd.) Cross References. Section 3503 is referred to in sections 5163, 5533 of this title.
20 Pa.C.S. § 7201 — PA Code / Title 20 / Chapter 72 / Section 7201
Definitions.
Status: in_force

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

"Fiduciary." Includes guardians and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the orphans' court. The term shall not include a custodian under Chapter 53 (relating to Pennsylvania Uniform Transfers to Minors Act), an agent acting under a power of attorney, a personal representative, an administrator of a municipal pension or retirement plan or a person whose fiduciary duties are, by statute, governed by the principles of Chapter 73 (relating to municipalities investments).

"Mutual fund." The securities of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.).

"Trust." Includes guardianships and trusts subject to the jurisdiction of the orphans' court and having property owned or managed by a fiduciary. The term shall not include custodianships, agencies created by a power of attorney, decedents' estates or municipal pension or retirement plans. (July 7, 2006, P.L.625, No.98, eff. imd.) 2006 Amendment. Act 98 amended the def. of "mutual fund."
20 Pa.C.S. § 5523 — PA Code / Title 20 / Chapter 55 / Section 5523
Collateral attack.
Status: in_force

No decree entered pursuant to this chapter shall be subject to collateral attack on account of any irregularity if the court which entered it had jurisdiction to do so.
20 Pa.C.S. § 8655 — PA Code / Title 20 / Chapter 86 / Section 8655
Agents, next of kin and other surrogate decision makers.
Status: in_force

The following apply:

(1) Subject to paragraph (2), a surrogate decision maker, in order of priority stated when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent as set forth in subparagraph (ii) or evidence of a prohibition, amendment, revocation or denial of a gift of a vascularized composite allograft as set forth in subparagraph

(i) or actual notice of opposition by a member of the same or a prior class, may authorize the donation of hands, facial tissue, limbs or other vascularized composite allografts of an individual who is at least 18 years of age and whose death is imminent or who has died in a hospital if:

(i) there is no evidence of a prohibition, amendment, revocation or denial of a gift of hands, facial tissue, limbs and other vascularized composite allografts in a living will, will, advance health care directive, health care power of attorney, power of attorney or other document of the individual; and

(ii) there is no actual notice of contrary indications by the individual regarding such a gift in any form, including through statements made by the individual to health care professionals, to family members or to the surrogate decision maker. If the surrogate decision maker has actual notice of contrary indications on the part of the individual with respect to making a donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts, then it is unlawful for the surrogate decision maker to make such a gift. The hospital, health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and organ procurement organization shall not effectuate a donation if the individual evidenced contrary indications

regarding donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts.

(2) A surrogate decision maker may not authorize a gift of hands, facial tissue, limbs or other vascularized composite allografts on the part of an individual under paragraph (1) if any of the following apply:

(i) The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker is a suspect or person of interest in causing the disease, illness, injury, condition or death of the individual.

(ii) The surrogate decision maker 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 similar order from a court that was issued to the individual.

(iii) The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker has been arrested or detained in connection with the disease, illness, injury, condition or death of the individual.
20 Pa.C.S. § 2513 — PA Code / Title 20 / Chapter 25 / Section 2513
Grantee or lienholder (Repealed).
Status: repealed

1978 Repeal. Section 2513 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
20 Pa.C.S. § 5824 — PA Code / Title 20 / Chapter 58 / Section 5824
Operation.
Status: in_force

(a) When operative.--A declaration becomes operative when:

(1) A copy is provided to the attending physician.

(2) The conditions stated in the declaration are met.

(b) Compliance.--When a declaration becomes operative, the attending physician and other mental health care providers shall act in accordance with its provisions or comply with the transfer provisions of section 5804 (relating to compliance).

(c) Invalidity of specific direction.--If a specific direction in the declaration is held to be invalid, the invalidity shall not be construed to negate other directions in the declaration that can be effected without the invalid direction.

(d) Mental health record.--A physician or other mental health care provider to whom a copy of a declaration is furnished shall make it a part of the mental health record of the declarant for at least two years from the date of execution and, if unwilling to comply with the declaration, promptly so advise those listed in section 5804(a)(2).

(e) Duration.--A declaration shall be valid until revoked by the declarant or until two years from the date of execution. If a declaration for mental health treatment has been invoked and is in effect at the specified expiration date after its execution, the declaration shall remain effective until the principal is no longer incapable.

(f) Absence of declaration.--If an individual does not make a declaration, a presumption does not arise regarding the intent of the individual to consent to or to refuse a mental health treatment.
20 Pa.C.S. § 5462 — PA Code / Title 20 / Chapter 54 / Section 5462
Duties of attending physician and health care provider.
Status: in_force

(a) Duty to certify end-stage medical condition.--Promptly after a determination that a principal has an end-stage medical condition or is permanently unconscious, the attending physician shall certify in writing that the principal has an end-stage medical condition or is permanently unconscious.

(b) Communication of health care decision.--Whenever possible before implementing a health care decision made by a health care representative or health care agent, an attending physician or health care provider shall promptly communicate to the principal the decision and the identity of the person making the decision.

(c) Compliance with decisions of health care agent and health care representative.--

(1) Health care necessary to preserve life shall be provided to an individual who has neither an end-stage medical condition nor is permanently unconscious, except if the individual is competent and objects to such care or a health care agent objects on behalf of the principal if authorized to do so by the health care power of attorney or living will. In every other case, subject to any limitation specified in the health care power of attorney, an attending physician or health care provider shall comply with a health care decision made by a health care agent or health care representative to the same extent as if the decision had been made by the principal.

(2) In all circumstances this subsection shall be construed so as to be consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

(d) Medical record.--

(1) An attending physician or health care provider who is given a health care power of attorney shall arrange for the health care power of attorney or a copy to be placed in the medical record of the principal.

(2) An attending physician or health care provider to whom an amendment or revocation of a health care power of attorney is communicated shall promptly enter the information in the medical record of the principal and maintain a copy if one is furnished.

(e) Record of determination.--An attending physician who determines that a principal is incompetent or has become competent or makes a determination that affects the authority of a health care agent shall enter the determination in the medical record of the principal and, if possible, promptly inform the principal and any health care agent of the determination. Cross References. Section 5462 is referred to in sections 5431, 5456, 5461 of this title.
20 Pa.C.S. § 4503 — PA Code / Title 20 / Chapter 45 / Section 4503
Participation in administration.
Status: in_force

The surety of a fiduciary may intervene in any proceeding which may affect the liability of the fiduciary and shall have the right to except to and appeal from any action which may affect the fiduciary's liability. When the court has finally determined the liability of the fiduciary, the surety shall not be permitted thereafter to deny such liability in any proceeding to determine or enforce his individual liability, whether or not he received notice of the proceedings which established the liability of the fiduciary.
20 Pa.C.S. § 3390 — PA Code / Title 20 / Chapter 33 / Section 3390
Specific performance of contracts.
Status: in_force

(a) Application to court.--If any person makes a legally binding agreement to purchase or sell real or personal estate and dies before its consummation, his personal representative shall have power to consummate it, but if he does not do so, the court, on the application of any party in interest and after such notice and with such security, if any, as it may direct, in its discretion, may order specific performance of the agreement if it would have been enforced specifically had the decedent not died.

(b) Execution and effect of deed or transfer.--Any necessary deed or transfer shall be executed by the personal representative or by such other person as the court shall direct. The title of any purchaser under an agreement in which the decedent was the vendor shall be the same as though the decedent had conveyed or transferred such property in his lifetime.

(c) Indexing in judgment or ejectment and miscellaneous indexes.--When any petition for specific performance of an agreement to purchase or sell real estate is filed, the prothonotary of the court of common pleas where the real estate or any part of it lies, upon the receipt of a certificate of such fact by the clerk of the court where the petition was filed, shall enter the petition upon either the judgment or ejectment and miscellaneous indexes against the defendants as directed by local rules of court and shall certify it as lis pendens in any certificate of search which he is required to make by virtue of his office. Cross References. Section 3390 is referred to in sections 3546, 5521 of this title.
20 Pa.C.S. § 5901 — PA Code / Title 20 / Chapter 59 / Section 5901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
20 Pa.C.S. § 7902 — PA Code / Title 20 / Chapter 79 / Section 7902
Definitions.
Status: in_force

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

"Charitable organization." A corporation, trust or other instrumentality governed by Pennsylvania law, including:

(1) A trust described in section 4947(a)(1) or (2) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 4947(a)(1) or (2)), which is or is treated as a private foundation under section 509 of the Internal Revenue Code of 1986 (26 U.S.C. § 509).

(2) A trust governed by Pennsylvania law that is or is treated as a pooled income fund under section 642(c)(5) of the Internal Revenue Code of 1986 (26 U.S.C. § 642(c)(5)).
20 Pa.C.S. § 7316 — PA Code / Title 20 / Chapter 73 / Section 7316
Life insurance, building and loan shares, and similar assets.
Status: in_force

A fiduciary receiving in kind a contract of life insurance, stock in a building and loan association, or any similar asset providing for periodic payments, may retain it and continue to make the periodic payments and otherwise comply with the provisions thereof without liability for resulting loss so long as he, in the exercise of due care and prudence, shall consider advisable under the circumstances.
20 Pa.C.S. § 2109.1 — PA Code / Title 20 / Chapter 21 / Section 2109.1
Advancements.
Status: in_force

If a person dies intestate as to all or any part of his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue unless the declaration or acknowledgment so provides. (July 9, 1976, P.L.551, No.135, eff. imd.) 1976 Amendment. Act 135 added section 2109.1.
20 Pa.C.S. § 3157 — PA Code / Title 20 / Chapter 31 / Section 3157
Nonresidents.
Status: in_force

The register shall have discretion to refuse letters of administration to any individual not a resident of this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
20 Pa.C.S. § 3551 — PA Code / Title 20 / Chapter 35 / Section 3551
Enforcement of payment.
Status: in_force

When a sum of money is charged upon real or personal property by will, inter vivos trust or decree, and has become payable, the court having jurisdiction of the estate or trust, upon petition of a party in interest and after notice to all persons liable for its payment and to the owner of the property charged, may enter a decree directing payment by the person liable, and in default of payment, may direct the fiduciary or a trustee to be appointed to sell the property charged, or so much of it as shall be necessary, upon such terms and security as the court shall direct, in which event the proceeds of the sale shall be distributed under the direction of the court as in other cases of judicial sales, to the persons legally entitled to receive them.
20 Pa.C.S. § 4521 — PA Code / Title 20 / Chapter 45 / Section 4521
Suits on bonds.
Status: in_force

Any bond of a fiduciary shall be in the name of the Commonwealth for the use of those interested in the estate. Suit may be brought thereon by any person interested therein, as provided by law.
20 Pa.C.S. § 7740.1 — PA Code / Title 20 / Chapter 77 / Section 7740.1
Modification or termination of noncharitable irrevocable trust by consent - UTC 411.
Status: in_force

(a) Consent by settlor and beneficiaries.--A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by a guardian, an agent under the settlor's general power of attorney or an agent under the settlor's limited power of attorney that specifically authorizes that action. Notwithstanding Subchapter C (relating to representation), the settlor may not represent a beneficiary in the modification or termination of a trust under this subsection.

(b) Consent by beneficiaries with court approval.--A noncharitable irrevocable trust may be modified upon the consent of all the beneficiaries only if the court concludes that the modification is not inconsistent with a material purpose of the trust. A noncharitable irrevocable trust may be terminated upon consent of all the beneficiaries only if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust.

(b.1) Spendthrift provision.--A spendthrift provision in a trust instrument is presumed to constitute a material purpose of the trust.

(c) Distribution upon termination.--Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries.

(d) Consent by some beneficiaries with court approval.--If not all the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by the court only if the court is satisfied that:

(1) if all the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(2) the interests of a beneficiary who does not consent will be adequately protected. Cross References. Section 7740.1 is referred to in sections 7705, 7740 of this title.
20 Pa.C.S. § 5514 — PA Code / Title 20 / Chapter 55 / Section 5514
To fill vacancy; co-guardian.
Status: in_force

The court, after such notice to parties in interest as it shall direct, may without a hearing appoint a succeeding guardian to fill a vacancy in the office of guardian or may appoint a co-guardian of the estate of an incapacitated person. Where the vacating guardian was a parent who is now deceased, any testamentary nominee of the parent shall be given preference by 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. § 7304 — PA Code / Title 20 / Chapter 73 / Section 7304
Obligations of Federal organizations.
Status: in_force

Obligations of the following organizations constituted under the laws of the United States shall be authorized investments:

(1) National Housing Administration.--Obligations issued pursuant to any housing act of the United States heretofore or hereafter enacted, but only if fully and unconditionally guaranteed as to principal and interest by the United States.

(2) Federal land banks.--Obligations of any Federal land bank and consolidated obligations, being the joint and several obligations of all Federal land banks, issued pursuant to the act of Congress of July 17, 1916 (39 Stat. 380), and its amendments and supplements heretofore or hereafter enacted.

(3) Federal home loan banks.--Obligations of any Federal home loan bank and consolidated obligations, being the joint and several obligations of all Federal home loan banks, issued pursuant to the act of Congress of July 22, 1932 (47 Stat. 725), and its amendments and supplements heretofore or hereafter enacted.

(4) Federal intermediate credit banks.--Consolidated obligations, being the joint and several obligations of all Federal intermediate credit banks, issued pursuant to the act of Congress of March 4, 1923 (42 Stat. 1456), and its amendments and supplements heretofore or hereafter enacted.

(5) Federal National Mortgage Association.--Obligations of the Federal National Mortgage Association issued pursuant

to the act of Congress of August 2, 1954 (68 Stat. 612), and its amendments and supplements.

(6) Banks for cooperatives.--Obligations of the Central Bank for Cooperatives and consolidated obligations of the Central Bank for Cooperatives, and the regional banks for cooperatives issued pursuant to the provisions of the act of Congress of June 16, 1933, known as the "Farm Credit Act of 1933" (48 Stat. 257), and its amendments and supplements heretofore or hereafter enacted.

(7) Tennessee Valley Authority.--Obligations issued, assumed or guaranteed by the Tennessee Valley Authority.
20 Pa.C.S. § 7703 — PA Code / Title 20 / Chapter 77 / Section 7703
Definitions - UTC 103.
Status: in_force

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

"Action." With respect to an act of a trustee, includes a failure to act.

"Beneficiary." A person that:

(1) has a present or future beneficial interest in a trust, vested or contingent; or

(2) in a capacity other than that of trustee or protector, holds a power of appointment over trust property.

"Breach of trust." A violation by a trustee or trust director of a duty that the trustee or trust director owes to a beneficiary of the trust.

"Charitable trust." A trust, or portion of a trust, created for a charitable purpose described in section 7735(a) (relating to charitable purposes; enforcement - UTC 405).

"Current beneficiary." A person 18 years of age or older to or for whom income or principal of a trust must be distributed currently or a person 25 years of age or older to or for whom income or principal of a trust may, in the trustee's discretion, be distributed currently.

"Guardian." A person other than a guardian ad litem who is appointed by the court to make decisions regarding the property of an individual.

"Interests of the beneficiaries." The beneficial interests provided in the terms of a trust.

"Jurisdiction." With reference to a geographic area, a country, state or county.

"Power of appointment." A power given to a person by the terms of a trust, exercisable in a nonfiduciary capacity, to grant and define a beneficial interest in trust property or to grant a power of appointment over the trust property.

"Power of withdrawal." The unrestricted power of a beneficiary, acting as a beneficiary and not as a trustee, to transfer to himself or herself the entire legal and beneficial interest in all or a portion of trust property. However, a power to withdraw the greater of the amount specified in section 2041(b)(2), 2503(b) or 2514(e) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 2041(b)(2), 2503(b) or 2514(e)), or any lesser amount determined by reference to one or more of these provisions, may not be treated as a power of withdrawal.

"Property." Anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.

"Qualified beneficiary." Assuming nonexercise of all testamentary powers of appointment, a beneficiary who on the date the beneficiary's qualification is determined:

(1) is a distributee or permissible distributee of trust income or principal;

(2) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (1) terminated on that date; or

(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

"Revocable trust." A trust is revocable to the extent the settlor, immediately before the time as of which the determination is made, had the power, acting without the consent of the trustee or any person holding an interest adverse to revocation, to prevent the transfer of the trust property at the settlor's death by revocation or amendment of or withdrawal of property from the trust.

"Settlor." A person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that

person's contribution except to the extent another person has the power to revoke or withdraw that portion.

"Spendthrift provision." A term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest.

"Terms of a trust." Either of the following:

(1) Except as otherwise provided in paragraph (2), the manifestation of the settlor's intent expressed in the trust instrument.

(2) The trust's provisions, as established, determined or amended by a trustee or other person in accordance with applicable law, by a court order or by a nonjudicial settlement agreement under section 7710.1 (relating to nonjudicial settlement agreements - UTC 111) or rules of construction.

"Trust instrument." A will or other written instrument executed by the settlor that contains trust provisions, including any amendments thereto.

"Trustee." Includes an original, additional and successor trustee and a cotrustee. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended the defs. of "interests of the beneficiaries" and "spendthrift provision" and added the defs. of "breach of trust," "power of appointment" and "terms of a trust." See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 8625 — PA Code / Title 20 / Chapter 86 / Section 8625
Promotion of organ and tissue donation; Donate Life PA Registry established.
Status: in_force

(a) Promotion.--The Department of Transportation shall ensure access by residents of this Commonwealth to an Internet-based interface which promotes anatomical donation and enables residents 18 years of age or older who hold a Pennsylvania driver's license or identification card to register as an organ or tissue donor and have that designation immediately integrated into the current database maintained by the department. This section shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts. The Internet-based interface shall clearly state that the Internet-based interface only permits consent to anatomical donation. The Internet-based interface shall also state where on the Department of Transportation's publicly accessible Internet website detailed information about organ donation, tissue donation, donation of eyes and donation of hands, facial tissue or limbs or other vascularized composite allografts may be found and shall provide a hyperlink to that information.

(b) Paper form.--

(1) Within one year of the effective date of this section, the Department of Transportation shall establish a system which allows an individual who has been issued a driver's license or identification card to add the

individual's anatomical donor designation to the Donate Life PA Registry by submitting a form to the department. This section shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts. The Internet-based interface shall clearly state that the interface only permits consent to anatomical donation. The interface shall also state where on the Department of Transportation's publicly accessible Internet website detailed information about organ donation, tissue donation, eye donation and donation of hands, facial tissue or limbs or other vascularized composite allografts may be found and shall provide a hyperlink to that information.

(2) Registration shall be provided at no cost to the registrant.

(c) Donate Life PA Registry.--That portion of the database maintained by the Department of Transportation for recording donor designations and Internet-based interface established in this section shall be known as the Donate Life PA Registry.

(d) Form and content.--The form and content of the Internet-based interface shall be determined and maintained by the Department of Transportation, after consulting with the designated organ procurement organizations. The Internet-based interface shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts.

(e) Technology.--An information technology system adopted by the Department of Transportation after the effective date of this section shall continue to accommodate the inclusion of donor designation information into the database and the ongoing operation of the Donate Life PA Registry. (Oct. 23, 2018, P.L.594, No.90) 2018 Amendment. Act 90 added section 8625. Section 11(3) of Act 90 provided that the addition of section 8625 shall take effect upon publication of the notice under section 8629.
20 Pa.C.S. § 7606 — PA Code / Title 20 / Chapter 76 / Section 7606
Partially effective exercise.
Status: in_force

In the absence of a contrary intent appearing in the instrument creating a power of appointment or in the donee's instrument exercising the power, a partially ineffective exercise of a power of appointment shall not make ineffective any otherwise effective portion of the exercise, unless the appointment regarded as a whole constitutes such an integrated plan that the parts cannot be separated without defeating the plan.
20 Pa.C.S. § 8801 — PA Code / Title 20 / Chapter 88 / Section 8801
Definitions.
Status: in_force

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

"Decedent." A person whose life is so taken.

"Elder abuse." An offense under 18 Pa.C.S. Chs. 27 (relating to assault), 31 (relating to sexual offenses), 39 (relating to theft and related offenses) and 41 (relating to forgery and fraudulent practices) and criminal attempt, criminal solicitation and criminal conspiracy to commit the offense under 18 Pa.C.S. Ch. 9 (relating to inchoate crimes), when the offense is committed against a person 60 years of age or older.

"Elder abuser." A person convicted of offenses constituting abuse against the victim under this chapter.

"Property." Real and personal property and any right or interest therein.

"Slayer." A person who participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of any other person.

"Victim." A person who is 60 years of age or older against whom elder abuse is committed. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 3901 — PA Code / Title 20 / Chapter 39 / Section 3901
Short title of chapter.
Status: in_force

This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.
20 Pa.C.S. § 3501.2 — PA Code / Title 20 / Chapter 35 / Section 3501.2
Annexation of account of terminated trust, guardianship or agency.
Status: in_force

A personal representative who has received property from a trustee, guardian or agent following the decedent's death may annex a copy of an account of the administration of the trust, guardianship or agency to an account filed by the personal representative covering the administration of the estate. If notice of the annexation of the account of the trust, guardianship or agency is given to the persons required to be notified of the filing of the account of the estate, confirmation of the account of the estate shall relieve both the personal representative and the trustee, guardian or agent of all liability to the persons so notified for transactions shown in the accounts so annexed to the same extent as if the annexed account had been separately filed and confirmed. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 added section 3501.2. Cross References. Section 3501.2 is referred to in section 7799.1 of this title.
20 Pa.C.S. § 8146 — PA Code / Title 20 / Chapter 81 / Section 8146
Obligation to pay money.
Status: in_force

(a) Interest allocated to income.--An amount received as interest, whether determined at a fixed, variable or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium.

(b) Allocation of obligations.--A trustee shall allocate to principal an amount received from the sale, redemption or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation the purchase price or value of which when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income.

(c) Application.--This section does not apply to an obligation to which any of the following apply:

(1) Section 8149 (relating to retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments).

(2) Section 8150 (relating to liquidating asset).

(3) Section 8151 (relating to minerals, water and other natural resources).

(4) Section 8152 (relating to timber).

(5) Section 8154 (relating to derivatives and options).

(6) Section 8155 (relating to asset-backed securities).
20 Pa.C.S. § 6111 — PA Code / Title 20 / Chapter 61 / Section 6111
Conveyances to defeat marital rights (Repealed).
Status: repealed

1978 Repeal. Section 6111 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
20 Pa.C.S. § 8665 — PA Code / Title 20 / Chapter 86 / Section 8665
Funeral establishments.
Status: in_force

(a) General rule.--Except as set forth in subsection (b), a funeral director or a funeral establishment shall not:

(1) remove vascularized composite allografts from a corpse;

(2) permit others to remove vascularized composite allografts from a corpse; or

(3) use funeral establishment facilities to remove vascularized composite allografts from a corpse.

(b) Exception.--Subsection (a) shall not apply and removal is permissible if the removal is:

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

(2) authorized in writing by a family member or guardian.
20 Pa.C.S. § 5464 — PA Code / Title 20 / Chapter 54 / Section 5464
Validity.
Status: in_force

This subchapter does not limit the validity of a power of attorney executed prior to the effective date of this subchapter. A health care power of attorney 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 health care power of attorney executed in another state or jurisdiction would allow a health care agent to make a health care decision inconsistent with the laws of this Commonwealth.
20 Pa.C.S. § 6113 — PA Code / Title 20 / Chapter 61 / Section 6113
Limited estates in personalty and in the proceeds of the conversion of real estate.
Status: in_force

A person having a present interest in personal property, or in the proceeds of the conversion of real estate, which is not in trust, and which is subject to a future interest, shall be deemed to be a trustee of such property, and not a debtor to the remainderman, with the ordinary powers and duties of a trustee, except that he shall not be required to change the form of the investment to an investment authorized for Pennsylvania fiduciaries, nor shall he be entitled to compensation as trustee. Such person, unless given a power of consumption or excused from entering security by the terms of the conveyance, shall be required to enter such security for the protection of persons entitled to the future interests as the court in its discretion shall direct. If a person having a present interest shall not enter security as directed, the court shall appoint a trustee who shall enter such security as the court shall direct, and who shall exercise all the ordinary powers and duties of a trustee, except that he shall not be required to change the form of the investment to an investment authorized for Pennsylvania fiduciaries.
20 Pa.C.S. § 9 — PA Code / Title 20 / Chapter 9 / Section 9
Application of law.
Status: in_force

The following shall apply:

(1) Except as provided by this section, the provisions of this act apply to powers of attorney created before, on or after the respective effective dates of such provisions, but do not apply to the acts or omissions of agents, or third parties presented with instructions by agents, that occur before such respective effective dates.

(2) Except as provided by this section, the provisions of this act apply to judicial proceedings concerning a power of attorney commenced before, on or after the respective effective dates of such provisions, unless the court finds that application of a provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.

(3) The amendment, addition or repeal of 20 Pa.C.S. §§ 5601(b), (c), (d) and (e.2), 5601.2, 5601.4, 5602(a)(5) and

(17) and 5603 apply only to powers of attorney created on or after the effective dates of those provisions.

(4) The amendment of 20 Pa.C.S. §§ 5601(f) and 5608 shall apply retroactively to acts performed after December 15, 1992, and to judicial proceedings commenced prior to the effective dates of those provisions.

(5) In interpreting and applying the amendment or addition of 20 Pa.C.S. §§ 5601(f), 5608, 5608.1, 5608.2 and 5611, a court shall give due consideration of the intent of the General Assembly to reverse the interpretation of 20 Pa.C.S. § 5608 as set forth in Teresa M. Vine v. Commonwealth of Pennsylvania, State Employees' Retirement Board, 9 A.3d 1150 (Pa. 2010). Explanatory Note. Act 95 amended, added or repealed sections 5601, 5601.2, 5601.3, 5601.4, 5602, 5603, 5608, 5608.1, 5608.2, 5611 and 5612 of Title 20. 2016, JULY 8, P.L.497, NO.79
20 Pa.C.S. § 4 — PA Code / Title 20 / Chapter 4 / Section 4
Use of existing forms by Department of Transportation.
Status: in_force

The Department of Transportation shall continue to use or recycle all forms which contain references to the Organ Donation Awareness Trust Fund until the existing forms are depleted. 2002, MAY 16, P.L.330, NO.50
20 Pa.C.S. § 4112 — PA Code / Title 20 / Chapter 41 / Section 4112
To foreign trustee, guardian or committee.
Status: in_force

When a share of an estate administered in the Commonwealth is distributable to a nonresident minor, a trustee subject to the jurisdiction of a foreign court, or a nonresident incapacitated person, the court may award it to the guardian or committee of the nonresident appointed in the foreign jurisdiction, or to such trustee: Provided, That the court shall be satisfied, in all cases where an applicable will or trust instrument does not direct distribution to the foreign guardian, committee or trustee, that adequate security or other protection has been provided in the domiciliary jurisdiction by the domiciliary law for the protection of the persons beneficially interested in the share so awarded. (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. § 910 — PA Code / Title 20 / Chapter 9 / Section 910
Transmission of accounts to the court.
Status: in_force

All accounts filed with the register shall be transmitted to the court for audit and confirmation on dates fixed by the

court by general rule or special order and shall be advertised as required by law.
20 Pa.C.S. § 7746 — PA Code / Title 20 / Chapter 77 / Section 7746
Overdue distribution - UTC 506.
Status: in_force

(a) Distribution not made within reasonable time.--Whether or not the interest of the beneficiary in the trust is subject to a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date.

(b) Definition.--As used in this section, the term "mandatory distribution" means a distribution of income or principal that the trustee is required by the terms of the trust to make to a beneficiary, including a distribution upon the termination of the trust. The term excludes a distribution that is subject to the exercise of the trustee's discretion regardless of whether the terms of the trust include a support or other standard to guide the trustee in making distribution decisions or provides that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (b). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 8661 — PA Code / Title 20 / Chapter 86 / Section 8661
Vital records.
Status: in_force

An organ procurement organization may, upon request and payment of associated fees, obtain certified copies of death records of a donor from the Division of Vital Records of the Department of Health.
20 Pa.C.S. § 8627.1 — PA Code / Title 20 / Chapter 86 / Section 8627.1
Information relative to organ and tissue donation.
Status: in_force

(a) Model curriculum.--Within nine months of the effective date of this section, the Department of Education, in consultation with the designated organ procurement organizations, shall develop and post on the Department of Education's publicly accessible Internet website a model curriculum regarding organ donation for students in grades 9 through 12 which public and nonpublic schools may use to provide instruction. The form and content of the model curriculum regarding organ donation shall be determined by the Department of Education. The model curriculum shall do all of the following, at a minimum:

(1) Provide a comprehensive, scientific overview of anatomical donation, its history and scientific advancement.

(2) Fully address the risks and benefits of and the myths and misunderstandings regarding organ and tissue donation.

(3) Explain the options available to minors and adults, including the option of designating oneself as an organ and tissue donor and the option of not designating oneself as an organ and tissue donor.

(b) Materials.--Within nine months of the effective date of this section, the Department of Education shall make related instructional materials available on the Department of Education's publicly accessible Internet website to public and nonpublic schools educating students in grades 9 through 12. The General Assembly shall encourage public and nonpublic schools to use the instructional materials. Nothing in this subsection shall be construed to require public or nonpublic schools to use the instructional materials.

(c) Parental option.--A minor enrolled in a public or nonpublic school shall be permitted to opt out of receiving instruction or materials relating to anatomical donation as provided under this section if the minor's parent or guardian has provided written notice to the school.

(d) Institutions of higher education.--

(1) Beginning with the 2018-2019 school year, each public institution of higher education in this Commonwealth may provide, in collaboration with the designated organ procurement organizations, information to its students, either through student health services or as part of the curriculum, which:

(i) provides a comprehensive, scientific overview of anatomical donation, its history and scientific advancement; and

(ii) addresses the risks and benefits of and the myths and misunderstandings about anatomical donation.

(2) Beginning with the 2019-2020 school year, each private institution of higher education in this Commonwealth may provide, in collaboration with the designated organ procurement organizations, information to its students, either through student health services or as part of the curriculum, which:

(i) provides a comprehensive, scientific overview of anatomical donation, its history and scientific advancement; and

(ii) addresses the risks and benefits of and the myths and misunderstandings about anatomical donation. (Oct. 23, 2018, P.L.594, No.90, eff. imd.) 2018 Amendment. Act 90 added section 8627.1.
20 Pa.C.S. § 7739 — PA Code / Title 20 / Chapter 77 / Section 7739
Noncharitable trust without ascertainable beneficiary - UTC 409.
Status: in_force

Except as otherwise provided in section 7738 (relating to trust for care of animal - UTC 408) or by another statute:

(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor if then living, otherwise to the settlor's successors in interest. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended pars. (2) and (3). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7739 is referred to in sections 7710, 7732 of this title.
20 Pa.C.S. § 7314.1 — PA Code / Title 20 / Chapter 73 / Section 7314.1
Mutual funds.
Status: in_force

Notwithstanding that a bank or trust company or an affiliate provides services to the investment company or investment trust, including that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor or manager, and receives reasonable compensation for those services and notwithstanding any other provision of law, a bank or trust company acting as a fiduciary, agent or otherwise may invest and reinvest in the securities of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.) if the portfolio of the investment company or investment trust consists substantially of investments not prohibited by the governing instrument. With respect to any funds invested, the basis upon which compensation is calculated, expressed as a percentage of asset value or otherwise, shall

be disclosed by prospectus, account statement or otherwise to all persons to whom statements of the account are rendered. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; July 7, 2006, P.L.625, No.98, eff. imd.)
20 Pa.C.S. § 7707 — PA Code / Title 20 / Chapter 77 / Section 7707
Governing law - UTC 107.
Status: in_force

The meaning and effect of the terms of a trust shall be determined by:

(1) the law of the jurisdiction designated in the terms of the trust, but the mandatory rules of section 7705(b) (relating to trust controls; mandatory rules - UTC 105) shall govern if different from the law of the designated jurisdiction; or

(2) in the absence of an effective designation in the terms of the trust, the law of the jurisdiction in which the settlor is domiciled when the trust becomes irrevocable.

(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. § 3913 — PA Code / Title 20 / Chapter 39 / Section 3913
Disclosure of other digital assets held in trust when trustee not original user.
Status: in_force

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under section 7790.3 (relating to certification of trust - UTC 1013);

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(ii) evidence linking the account to the trust. Cross References. Section 3913 is referred to in section 3916 of this title.
20 Pa.C.S. § 5147 — PA Code / Title 20 / Chapter 51 / Section 5147
Proceedings against guardian.
Status: in_force

Any proceeding may be brought against a guardian or the surety on his bond in the court having jurisdiction of the estate, and if he does not reside in the county, process may be served on him 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 of the court having jurisdiction of the estate. (Feb. 18, 1982, P.L.45, No.26, eff. imd.) 1982 Amendment. Act 26 amended par. (2). Cross References. Section 5147 is referred to in section 5521 of this title.
20 Pa.C.S. § 7744 — PA Code / Title 20 / Chapter 77 / Section 7744
Discretionary trusts; effect of standard - UTC 504.
Status: reserved

(a) (Reserved).

(b) Distribution not compelled.--Except as otherwise provided in subsection (c), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if:

(1) the discretion is expressed in the form of a standard of distribution;

(2) the trustee has abused the discretion; or

(3) the beneficiary is the trustee or a cotrustee of the trust.

(c) Exception.--To the extent a trustee has not complied with a standard of distribution or has abused a discretion:

(1) a distribution from the trust's income, principal or both may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child to the extent of the beneficiary's interests in the trust's income, principal or both, and the court shall direct the trustee to pay the child from the trust an amount as is equitable under the circumstances, but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion; and

(2) a distribution from trust income may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of any person other than the beneficiary's child to the extent of the beneficiary's interest in the income of the trust, and the court shall direct the trustee to pay the person an amount from the income of the trust as is equitable under the

circumstances, but not more than the amount of income the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.

(d) Proceeding against trustee.--This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.

(e) (Reserved).

(f) Definition.--As used in this section, the term "child" includes any person for whom an order or judgment for child support has been entered in this Commonwealth or another state. Cross References. Section 7744 is referred to in section 7745 of this title.
20 Pa.C.S. § 8301 — PA Code / Title 20 / Chapter 83 / Section 8301
Powers of court to authorize sale, etc. of real property.
Status: in_force

The court of common pleas, operating through its appropriate division, may authorize the sale, mortgage, lease or exchange of real property or grant declaratory relief with respect to real property:

(1) Where the legal title is held:

(i) by a person whose spouse is an incapacitated person, or has abandoned him or her for one year, or has been absent in circumstances from which the law would presume his or her decease;

(ii) by a tenant of an estate by entireties, when the other tenant of such estate has been absent in circumstances from which the law would presume his or her decease;

(iii) by corporations of any kind having no capacity to convey, or by any unincorporated association;

(iv) by any religious, beneficial, or charitable society or association, incorporated or unincorporated, whose title is subject to forfeiture if real property is held in excess of the amount authorized by law; or

(v) by any religious, beneficial or charitable society or association, incorporated or unincorporated, whose title is subject to reversion, possibility of reverter or right of reentry for condition broken if the real property ceases to be used for a purpose specified in a deed, subject to the following:

(A) A petition to declare the real property free from reversion, possibility of reverter or right of reentry shall contain an affidavit of an officer of the religious, beneficial or charitable society or association, stating in detail what reasonable efforts have been made to locate or contact the grantor or the grantor's heirs, successors or assigns to obtain a conveyance of the reversion, possibility of reverter or right of reentry, why the real property should be declared free of the reversion, possibility of reverter or right of reentry, and the use of the funds, if any, to be derived from sale of the real property.

(B) The court shall have the power to consider all of the circumstances and to grant such equitable relief as shall be just and proper and impose such restrictions upon the use of the funds to be derived from the sale of real property as the court shall deem to be appropriate to further the religious, beneficial or charitable purpose reflected in the deed containing the reversion, possibility of reverter or right of reentry for condition broken.

(2) Where the legal title is an estate tail, or is subject to contingent remainders, executory interests, or remainders to a class some or all of whom may not be in being or ascertained at the time of the entry of the decree.

(3) Where the legal title is otherwise inalienable. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendments. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability. See section 27(b) of Act 152 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 5554 — PA Code / Title 20 / Chapter 55 / Section 5554
Services to courts, guardians and others.
Status: in_force

(a) Services to courts.--Guardianship support agencies may be available to assist courts on request with reviewing petitions for appointment of a guardian, recommending alternatives to guardianship, investigating petitions, explaining petitions to respondents or reviewing reports and monitoring guardianship arrangements.

(b) Services to guardians.--Guardianship support agencies may be available to assist guardians in filing reports, monitoring incapacitated persons and otherwise fulfilling their duties.

(c) Services to petitioners and others.--Guardianship support agencies may be available to assist in the filing of petitions for guardianship, to provide information on available alternatives to potential petitioners, to locate and train individuals skilled in providing functional evaluations of alleged incapacitated persons and to perform such other duties as required.
20 Pa.C.S. § 3151 — PA Code / Title 20 / Chapter 31 / Section 3151
Proper county.
Status: in_force

Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted only by the register of the county where the decedent had his last family or principal residence. If the decedent had no such domicile in the Commonwealth, letters testamentary or of administration may be granted by the register of any county wherein property of the estate shall be located and, when granted, shall be exclusive throughout the Commonwealth. If the decedent had no such domicile in the Commonwealth, and had no property located therein, and service of process is to be made in the Commonwealth upon his personal representative as authorized by law, then letters testamentary or of administration on his estate may be granted by the register of any county of the Commonwealth and, when granted, shall be exclusive throughout the Commonwealth.
20 Pa.C.S. § 3322 — PA Code / Title 20 / Chapter 33 / Section 3322
Acceptance of deed in lieu of foreclosure.
Status: in_force

The personal representative may take for the estate from the owner of property encumbered by a mortgage owned by the estate, a deed in lieu of foreclosure, in which event the real estate shall be considered personalty to the same extent as though title were acquired by foreclosure at sheriff's sale. Any deed or deeds heretofore so accepted are hereby made valid in accordance with the provisions hereof. Cross References. Section 3322 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 3918 — PA Code / Title 20 / Chapter 39 / Section 3918
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.
20 Pa.C.S. § 4522 — PA Code / Title 20 / Chapter 45 / Section 4522
Service of process on nonresident surety (Repealed).
Status: repealed

1978 Repeal. Section 4522 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 2203 — PA Code / Title 20 / Chapter 22 / Section 2203
Right of election; resident decedent.
Status: in_force

(a) Property subject to election.--Except as provided in subsection (c), when a married person domiciled in this Commonwealth dies, his surviving spouse has a right to an elective share of one-third of the following property:

(1) Property passing from the decedent by will or intestacy.

(2) Income or use for the remaining life of the spouse of property conveyed by the decedent during the marriage to the extent that the decedent at the time of his death had the use of the property or an interest in or power to withdraw the income thereof.

(3) Property conveyed by the decedent during his lifetime to the extent that the decedent at the time of his death had a power to revoke the conveyance or to consume, invade or dispose of the principal for his own benefit.

(4) Property conveyed by the decedent during the marriage to himself and another or others with right of survivorship to the extent of any interest in the property that the decedent had the power at the time of his death unilaterally to convey absolutely or in fee.

(5) Survivorship rights conveyed to a beneficiary of an annuity contract to the extent it was purchased by the decedent during the marriage and the decedent was receiving annuity payments therefrom at the time of his death.

(6) Property conveyed by the decedent during the marriage and within one year of his death to the extent that the aggregate amount so conveyed to each donee exceeds $3,000, valued at the time of conveyance. In construing this subsection, a power in the decedent to withdraw income or principal, or a power in any person whose interest is not adverse to the decedent to distribute to or use for the benefit of the decedent any income or principal, shall be deemed to be a power in the decedent to withdraw so much of the income or principal as is subject to such power, even though such income or principal may be distributed only for support or other particular purpose or only in limited periodic amounts.

(b) Property not subject to election.--The provisions of subsection (a) shall not be construed to include any of the following except to the extent that they pass as part of the decedent's estate to his personal representative, heirs, legatees or devisees:

(1) Any conveyance made with the express consent or joinder of the surviving spouse.

(2) The proceeds of insurance, including accidental death benefits, on the life of the decedent.

(3) Interests under any broad-based nondiscriminatory pension, profit sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer for the benefit of its employees and their beneficiaries.

(4) Property passing by the decedent's exercise or nonexercise of any power of appointment given by someone other than the decedent.

(c) Nonapplicability.--Pursuant to 23 Pa.C.S. § 3323(d.1) (relating to decree of court), this section shall not apply in the event a married person domiciled in this Commonwealth dies during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 and grounds have been established as provided in 23 Pa.C.S. § 3323(g). (July 11, 1980, P.L.565, No.118, eff. 60 days; Nov. 29, 2004, P.L.1357, No.175, eff. 60 days) 2004 Amendment. Act 175 amended subsec. (a) and added subsec. (c). Cross References. Section 2203 is referred to in sections 2204, 2205 of this title.
20 Pa.C.S. § 3156 — PA Code / Title 20 / Chapter 31 / Section 3156
Persons not qualified.
Status: in_force

No person shall be qualified to serve as a personal representative who is:

(1) Under 18 years of age.

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

(3) A person, other than an executor designated by name or description in the will, found by the register to be unfit to be entrusted with the administration of the estate.

(4) The nominee of any beneficiary, legatee or person having any interest whatsoever, when such beneficiary, legatee or person is a citizen or resident of any country outside the territorial limits or possessions of the United States, when it shall appear doubtful to the register that in the distribution of the estate any such person will have the actual benefit, use, enjoyment or control of the money or other property representing his share or interest therein.

(5) Charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of

the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death unless and until the charge is withdrawn, dismissed or a verdict of not guilty is returned. (Dec. 6, 1972, P.L.1461, No.331; Dec. 20, 2000, P.L.838, No.118, eff. 60 days) 2000 Amendment. Act 118 added par. (5). 1972 Amendment. Act 331 amended par. (1). Cross References. Section 3156 is referred to in sections 3181, 3182 of this title.
20 Pa.C.S. § 7768 — PA Code / Title 20 / Chapter 77 / Section 7768
Compensation of trustee - UTC 708.
Status: in_force

(a) If unspecified.--If neither the terms of a trust nor a separate written agreement signed by the settlor or anyone who is authorized by the terms of the trust to do so specifies the trustee's compensation, the trustee is entitled to compensation that is reasonable under the circumstances. Neither a compensation provision in the terms of a trust nor a fee agreement governs compensation payable from trust principal unless it explicitly so provides.

(b) If specified; adjustment.--If the terms of a trust or written fee agreement signed by the settlor or anyone who is authorized by the terms of the trust to do so specifies a trustee's compensation, the trustee is entitled to the specified compensation. The court may allow reasonable compensation that is more or less than that specified if:

(1) the duties of the trustee have become substantially different from those contemplated when the trust was created or when the fee agreement was executed;

(2) the compensation specified in the terms of the trust or fee agreement would be unreasonable; or

(3) the trustee performed extraordinary services, and the trustee's compensation for those services is not specified in the terms of the trust or fee agreement.

(c) Entitlement not barred.--None of the following shall bar a trustee's entitlement to compensation from the income or principal of the trust:

(1) The trust is perpetual or for any other reason has not yet terminated.

(2) The trustee's term of office has not yet ended.

(3) The trustee of a testamentary trust also acted as a personal representative of the settlor and was or might have been compensated for services as a personal representative from the principal of the settlor's estate.

(d) Court authority.--In determining reasonable compensation, the court may consider, among other facts, the market value of the trust and may determine compensation as a fixed or graduated percentage of the trust's market value. The court may allow compensation from principal, income or both and determine the frequency with which compensation may be collected. Compensation at levels that arise in a competitive market shall be presumed to be reasonable in the absence of compelling evidence to the contrary.

(e) Cemetery lots.--The authority in this section to pay compensation from trust principal shall not apply to trusts created by cemetery lot owners as endowments for the endowed care and maintenance of burial or cemetery lots if the principal sum involved is less than $20,000. Compensation shall be paid exclusively from the income of such trusts. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (a) and (b). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7768 is referred to in sections 7705, 7780.27 of this title.
20 Pa.C.S. § 3910 — PA Code / Title 20 / Chapter 39 / Section 3910
Disclosure of other digital assets of principal.
Status: in_force

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and any digital assets other than the content of electronic communications of the principal if the agent gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect under section 5606 (relating to proof of continuance of powers of attorney by affidavit); and

(4) if requested by the custodian:

(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or

(ii) evidence linking the account to the principal. Cross References. Section 3910 is referred to in section 3916 of this title.
20 Pa.C.S. § 7783 — PA Code / Title 20 / Chapter 77 / Section 7783
Damages in absence of breach - UTC 1003.
Status: in_force

(a) Profit.--A trustee is accountable to an affected beneficiary for any profit, excluding reasonable compensation, made by the trustee arising from the administration of the trust, even absent a breach of trust.

(b) Loss or depreciation.--Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
20 Pa.C.S. § 7780.19 — PA Code / Title 20 / Chapter 77 / Section 7780.19
Duty and liability of trust director - UDTA 8.
Status: in_force

(a) Scope.--Except as provided in subsections (b) and (c), with respect to a power of direction, a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power if the power:

(1) may be exercised by only one trust director, as a sole trustee in a like position and under similar circumstances; or

(2) is shared with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances.

(b) Licensed or certified trust directors.--If a trust director is licensed, certified or otherwise authorized or permitted by law other than this subchapter to provide health care in the ordinary course of the trust director's business or practice of a profession, to the extent that the trust director acts in that capacity, the trust director is not subject to duty or liability under this subchapter unless the terms of the trust provide otherwise.

(c) Effect of terms of the trust.--The terms of a trust may vary a trust director's duty or liability to the same extent that the terms of the trust may vary the duty or liability of a trustee in a like position and under similar circumstances.
20 Pa.C.S. § 7740 — PA Code / Title 20 / Chapter 77 / Section 7740
Termination of trusts; proceedings for termination or modification of trusts - UTC 410.
Status: in_force

(a) Termination.--A trust terminates to the extent it is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful or contrary to public policy. In addition, a trust may be terminated by the methods prescribed by sections 7740.1 (relating to modification or termination of noncharitable irrevocable trust by consent - UTC 411) through 7740.4 (relating to modification or termination of noncharitable trust - UTC 414).

(b) Proceedings for termination or modification.--The settlor, the trustee or a beneficiary may commence a proceeding to approve or disapprove a proposed modification or termination under sections 7740.1 through 7740.6 (relating to modification to achieve settlor's tax objectives - UTC 416), the division of a trust under section 7740.7 (relating to division of trusts) or the combination of trusts under section 7740.8 (relating to combination of trusts). The settlor of a charitable trust may

commence a proceeding to modify the trust under section 7740.3 (relating to charitable trusts - UTC 413). Cross References. Section 7740 is referred to in section 7705 of this title.
20 Pa.C.S. § 5837 — PA Code / Title 20 / Chapter 58 / Section 5837
Removal of agent.
Status: in_force

(a) Grounds for removal.--A mental health care agent may be removed by the court for any of the following reasons:

(1) Death or incapacity.

(2) Noncompliance with a mental health power of attorney.

(3) Physical assault or threats of harm.

(4) Coercion.

(5) Voluntary withdrawal by the agent.

(6) Divorce.

(b) Notice of voluntary withdrawal.--

(1) A mental health care agent who voluntarily withdraws shall inform the principal.

(2) If the mental health power of attorney is in effect, the agent shall notify providers of mental health treatment.

(c) Challenges.--Third parties may challenge the authority of a mental health agent in the orphan's court division of the court of common pleas.

(d) Effect of removal.--If a mental health power of attorney provides for a substitute agent, then the substitute agent shall assume responsibility when the agent is removed. If the power of attorney does not provide for a substitute, then a mental health care provider shall follow any instructions in the power of attorney.
20 Pa.C.S. § 5606 — PA Code / Title 20 / Chapter 56 / Section 5606
Proof of continuance of powers of attorney by affidavit.
Status: in_force

As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, death or, if applicable, disability or incapacity or the filing of an action in divorce and that, if applicable,

the specified future time or contingency has occurred, is conclusive proof of the nonrevocation or nontermination of the power at that time and conclusive proof that the specified time or contingency has occurred. The agent shall furnish an affidavit to a person relying upon the power of attorney on demand; however, good faith reliance on the power shall protect the person who acts without an affidavit. If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; 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. Cross References. Section 5606 is referred to in sections 3910, 5608, 5608.1 of this title.
20 Pa.C.S. § 7722 — PA Code / Title 20 / Chapter 77 / Section 7722
Representation of parties in interest in general.
Status: in_force

(a) Judicial proceeding.--In a judicial proceeding involving a trust matter, an order or decree of the court that binds the representative is binding upon a person, class of persons or both represented in accordance with section 7723 (relating to representatives and persons represented) if:

(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725 (relating to notice of representation);

(2) a petitioner, whether or not a trustee, avers the representation in a petition before the court, the representative is the petitioner or a respondent over whom the court has jurisdiction and, if a respondent, the representative does not decline the representation in a responsive pleading filed and served as required by law; or

(3) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification on the court's records by the time the court acts upon the petition.

(b) Nonjudicial resolution.--In a nonjudicial resolution of a trust matter, notice to, the consent or approval of or the waiver or release by the representative is binding upon a person, class of persons or both represented in accordance with section 7723 if:

(1) the trustee notifies the representative in writing whom he represents and the representative does not decline the representation as provided in section 7725; or

(2) the representative has signed a certification of representation described in subsection (d) and has not rescinded the certification in a writing received by the trustee by the time of the nonjudicial settlement.

(c) Permissible consideration.--In making decisions, a representative may consider the general benefit accruing to the living members of the family of the person represented.

(d) Certification of representation.--

(1) A certification signed by the representative describing his representation of another person, class of persons or both in accordance with section 7723 may be filed with:

(i) the court, in the case of a judicial proceeding; or

(ii) the trustee, in the case of a nonjudicial resolution of a trust matter.

(2) Subject to paragraph (3), a certification of representation may be rescinded in a writing signed by the representative and filed with:

(i) the court at any time before the court acts in reliance upon the certification, in the case of a judicial proceeding; or

(ii) the trustee before a trust matter is resolved without application to the court.

(3) A representative's rescission of a certification of representation shall have no effect upon actions taken by a trustee in good faith reliance upon the certification. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
20 Pa.C.S. § 7763 — PA Code / Title 20 / Chapter 77 / Section 7763
Cotrustees - UTC 703.
Status: in_force

(a) Majority decision.--Cotrustees who do not reach a unanimous decision may act by majority decision.

(a.1) When no majority.--When a dispute arises among trustees as to the exercise or nonexercise of any of their powers and there is no agreement by a majority of them, unless otherwise provided by the terms of the trust, the court in its discretion, upon petition filed by any of the trustees or any party in interest, aided if necessary by the report of a master, may direct the exercise or nonexercise of the power as it deems necessary for the best interest of the trust.

(b) Vacancy.--If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.

(c) Performance.--Subject to section 7780.23 (relating to application to cotrustee - UDTA 12), a cotrustee shall participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under the law or other reason or the cotrustee has properly delegated the performance of the function to another trustee.

(d) Unavailability.--If a cotrustee is unavailable to perform duties and prompt action is necessary to achieve the purposes of the trust or to avoid injury or loss to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

(e) (Reserved).

(f) Liability.--Except as otherwise provided in subsection

(g), a trustee who does not join in an action of another trustee is not liable for the action.

(g) Reasonable care.--Subject to section 7780.23, each trustee shall exercise reasonable care to:

(1) prevent a cotrustee from committing a breach of trust involving fraud or self-dealing; and

(2) compel a cotrustee to redress a breach of trust involving fraud or self-dealing.

(h) Dissenting trustee.--A dissenting trustee shall join the majority to carry out a majority decision requiring affirmative action and may be ordered to do so by the court. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a breach of trust involving fraud or self-dealing. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsecs. (a.1), (c) and (g). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 5831 — PA Code / Title 20 / Chapter 58 / Section 5831
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Mental Health Care Agents Act.
20 Pa.C.S. § 7904 — PA Code / Title 20 / Chapter 79 / Section 7904
Power to amend governing instrument.
Status: in_force

The trustees or directors of every charitable organization have the power, acting alone, without the approval of a member, court, donor or beneficiary, to amend the instrument governing the charitable organization in any manner required for the sole purpose of ensuring that:

(1) Gifts and bequests to the charitable organization qualify for charitable deductions available for Federal income, gift and estate tax purposes.

(2) The charitable organization qualifies for tax exemptions available for Federal income tax purposes.
20 Pa.C.S. § 8166 — PA Code / Title 20 / Chapter 81 / Section 8166
Income taxes.
Status: in_force

(a) Receipts allocated to income.--A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income.

(b) Receipts allocated to principal.--A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal even if the tax is called an income tax by the taxing authority.

(c) Tax on entity's taxable income.--A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid proportionately:

(1) from income to the extent that receipts from the entity are allocated to income; and

(2) from principal to the extent that:

(i) receipts from the entity are allocated to principal; and

(ii) the trust's share of the entity's taxable income exceeds the total receipts described in paragraph

(1) and subparagraph (i).

(d) Reductions in receipts allocated to principal or income.--For purposes of this section, receipts allocated to principal or income shall be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.
20 Pa.C.S. § 3315 — PA Code / Title 20 / Chapter 33 / Section 3315
Incorporation of or formation of entity to operate estate's business.
Status: in_force

After notice to all parties in interest, aided by the report of a master if necessary, and giving due regard to the provisions of the governing instrument and any other factor that the court deems relevant, the court may authorize the personal representative alone or jointly with others, to organize a corporation, or form a partnership, limited liability company or other entity, to carry on the business of the estate, whether the business was owned solely or with others, and may contribute for stock of the corporation, as capital, or for an interest in a partnership, limited liability company or other entity, all or part of the property of the estate which was invested in the business. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) Cross References. Section 3315 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 3906 — PA Code / Title 20 / Chapter 39 / Section 3906
Procedure for disclosing digital assets.
Status: in_force

(a) Authority of custodian.--When disclosing digital assets of a user under this chapter, the custodian has the sole discretion to:

(1) grant a fiduciary or designated recipient full access to the user's account;

(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3) provide a fiduciary or designated recipient a copy in a record of any digital asset which, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

(b) Charge.--A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.

(c) Deleted digital assets.--A custodian need not disclose under this chapter a digital asset deleted by a user.

(d) Segregation.--If a user directs or a fiduciary requests a custodian to disclose under this chapter some but not all of the user's digital assets, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to do any of the following:

(1) Disclose a subset limited by date of the user's digital assets.

(2) Disclose all of the user's digital assets to the fiduciary or designated recipient.

(3) Disclose none of the user's digital assets.

(4) Disclose all of the user's digital assets to the court for review in camera.
20 Pa.C.S. § 7710 — PA Code / Title 20 / Chapter 77 / Section 7710
Notice; others treated as beneficiaries - UTC 110.
Status: in_force

(a) Notice.--Whenever notice to qualified or current beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a written request for notice.

(b) Enforcement by charitable organization expressly named in instrument.--A charitable organization expressly named in the trust instrument to receive distributions from the trust has the rights of a beneficiary under this chapter.

(c) Enforcement by others.--A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 7738 (relating to trust for care of animal - UTC 408) or 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409) has the rights of a beneficiary under this chapter.

(d) Office of Attorney General.--The Office of Attorney General has the rights of a charitable organization expressly named in the trust instrument to receive distributions from a trust having its situs in this Commonwealth and the right to notice of any proceeding or nonjudicial settlement agreement in which there is a charitable interest or purpose. Cross References. Section 7710 is referred to in section 7785.1 of this title.
20 Pa.C.S. § 5552 — PA Code / Title 20 / Chapter 55 / Section 5552
Services to individuals whose decision-making ability is impaired.
Status: in_force

Guardianship support agencies shall provide guardianship services under this chapter. Such services shall include, but not be limited to:

(1) Assistance to individuals in decision making, including financial management training.

(2) Assistance to individuals in securing and maintaining benefits and services.

(3) Recruiting, training and maintaining a group of individuals to serve as representative payees or similar fiduciaries established by benefit-issuing agencies, agents pursuant to a power of attorney, and trustees. (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.
20 Pa.C.S. § 15 — PA Code / Title 20 / Chapter 15 / Section 15
Consolidation of Pooled Trust Act.
Status: in_force

(a) General rule.--Except as set forth in subsection (b), the addition of 20 Pa.C.S. § 7799.3 is a consolidation of the act of December 9, 2002 (P.L.1379, No.168), known as the Pooled Trust Act. Any differences between 20 Pa.C.S. § 7799.3 and the Pooled Trust Act are intended only to conform to the style of the Pennsylvania Consolidated Statutes and are not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Pooled Trust Act.

(b) Exception.--Subsection (a) does not apply to the addition of 20 Pa.C.S. § 7799.3(d)(1), (e)(1), (f) and paragraph

(5) of the definition of "pooled trust" in subsection (h). Explanatory Note. Act 98 amended, added or deleted sections 723, 724, 725, 751, 908, 3384.1, 3534.1, 3543, 3702, 6101, 6102, 6104, 6106, 6107, 6107.1, 6110, 6112 and 6114, Chapter 71, sections 7201, 7314.1, 7503, 7504 and 7506, Chapter 77 and sections 8102, 8104, 8105, 8107, 8113, 8121 and 8141 of Title 20. 2006, NOVEMBER 29, P.L.1484, NO.169
20 Pa.C.S. § 777 — PA Code / Title 20 / Chapter 7 / Section 777
Right to jury trial; discretion of orphans' court division.
Status: in_force

(a) Title to property.--When a substantial dispute of fact shall arise concerning the decedent's title to property, real or personal, any party in interest shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.

(b) Determination of incapacity.--Any person against whom proceedings have been instituted to establish his incapacity shall be entitled to a trial of such issue by a jury. The verdict of the jury shall have the same effect as the verdict of a jury in a case at law.

(c) Will contest and other matters.--When a contest shall arise concerning the validity of a writing alleged to be

testamentary, or concerning any matter other than as provided in subsections (a) and (b) of this section, the orphans' court division, in its discretion at any stage of the proceedings, may impanel a jury to decide any question of fact, but the verdict of the jury shall be advisory only.

(d) Waiver of right.--A person desiring a trial by jury shall make demand therefor in writing at least ten days prior to the initial hearing before the orphans' court division or; if the initial hearing is dispensed with as provided in section 778(b) (relating to combined hearings and trials) then at least ten days prior to the trial. The right to trial by jury is waived if such demand is not so made or, after having been made, the person claiming the right fails to appear. (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. § 7754 — PA Code / Title 20 / Chapter 77 / Section 7754
Actions contesting validity of revocable trust.
Status: in_force

(a) How action may be commenced.--A person having standing to do so may contest the validity of a revocable trust by filing a petition with the court.

(b) Time limit.--The petition described in subsection (a) must be filed no later than one year after the date on which the trustee gave the notice required by section 7780.3(c) (relating to duty to inform and report). The court, upon petition of a party in interest and with such notice as the court may direct, may limit the time by which a petition under this section must be filed to six months after the date on which the trustee gave the notice required by section 7780.3(c).

(c) Grounds for contest.--The grounds for contesting the validity of a revocable trust shall be the same as those for contesting the validity of a will.

(d) Competency of witnesses.--The competency of a witness in an action contesting the validity of a revocable trust shall be governed by the same rules that apply in actions contesting the validity of a will. (Oct. 27, 2010, P.L.837, No.85, eff. 60 days) 2010 Amendment. Act 85 added subsec. (d). Cross References. Section 7754 is referred to in section 7785.1 of this title.
20 Pa.C.S. § 7605 — PA Code / Title 20 / Chapter 76 / Section 7605
Antilapse provision.
Status: in_force

(a) General rule.--

(1) Subject to paragraphs (2) and (3), in the absence of a contrary intent appearing in the instrument creating a power of appointment or, in the donee's instrument, exercising the power, an exercise of the power of appointment in favor of any of the following, whether designated by name or as one of a class, shall not fail if the appointee is not living at the time the appointment becomes effective:

(i) A child or other issue of the donee.

(ii) A brother or sister of the donee.

(iii) A child of a brother or sister of the donee.

(2) Paragraph (1) applies if:

(i) One or more issues of the appointee are living at the time the appointment becomes effective.

(ii) The issue under subparagraph (i), per stirpes, are objects of the power.

(3) The property appointed to the deceased appointee shall pass per stirpes to the appointee's issue living at the time the appointment becomes effective, but the appointment to a brother or sister or child of a brother or sister of the donee shall fail to the extent the property would pass to the spouse or issue of the donee if the appointment were to lapse.

(b) Lapsed share of residue.--In the absence of a contrary intent appearing in the donee's instrument exercising a power of appointment, if an appointment of an amount or share of the residue of the property subject to the power fails, the amount or share shall pass to the other appointees of the residue of the property subject to the power, if any, in proportion to their shares in the residue of the property subject to the power.
20 Pa.C.S. § 3320 — PA Code / Title 20 / Chapter 33 / Section 3320
Voting stock by proxy.
Status: in_force

The personal representatives or a majority of them, either in person or by proxy, may vote stock owned by the estate. Cross References. Section 3320 is referred to in sections 5144, 5521 of this title.
20 Pa.C.S. § 7740.3 — PA Code / Title 20 / Chapter 77 / Section 7740.3
Charitable trusts - UTC 413.
Status: in_force

(a) General rule.--Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable or wasteful:

(1) the trust does not fail, in whole or in part;

(2) the trust property does not revert to the settlor or the settlor's successors in interest; and

(3) the court shall apply cy pres to fulfill as nearly as possible the settlor's charitable intention, whether it be general or specific.

(b) Exception.--A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres.

(c) Administrative deviation.--A court may modify an administrative provision of a charitable trust to the extent necessary to preserve the trust.

(d) Administrative termination of small charitable trusts.--A trust solely for charitable purposes having assets of less than $100,000 may be terminated at its inception or at any time thereafter by the trustee with the consent of the Attorney General and all charitable organizations that are designated as beneficiaries by name in the trust instrument. Upon termination, the assets, subject to the approval of the Attorney General, shall be delivered to the organizations, if any, designated in the trust instrument or, if none, to organizations selected by the trustee, in either case to be held and applied for the general or specific charitable purposes and on the terms that will, in the trustee's discretion, fulfill as nearly as possible the settlor's intention.

(e) Judicial termination of charitable trusts.--If the separate existence of a trust, whenever created, solely for charitable purposes results or will result in administrative expense or other burdens unreasonably out of proportion to the charitable benefits, the court may, upon application of the trustee or any interested person and after notice to the Attorney General, terminate the trust, either at its inception or at any time thereafter, and award the assets outright, free of the trust, to the charitable organizations, if any, designated in the trust instrument or, if none, to charitable organizations selected by the court, in either case for the purposes and on the terms that the court may direct to fulfill as nearly as possible the settlor's intentions other than any intent to continue the trust, if the court is satisfied that the charitable organizations will properly use or administer the assets. Cross References. Section 7740.3 is referred to in sections 7705, 7740 of this title.
20 Pa.C.S. § 6111.1 — PA Code / Title 20 / Chapter 61 / Section 6111.1
Modification by divorce or pending divorce.
Status: in_force

Any provision in a conveyance which was revocable by a conveyor at the time of the conveyor's death and which was to take effect at or after the conveyor's death in favor of or relating to the conveyor's spouse shall become ineffective for all purposes unless it appears in the governing instrument that the provision was intended to survive a divorce, if the conveyor:

(1) is divorced from such spouse after making the conveyance; or

(2) dies domiciled in this Commonwealth during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court) and grounds have been established as provided in 23 Pa.C.S. § 3323(g). (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
20 Pa.C.S. § 5461 — PA Code / Title 20 / Chapter 54 / Section 5461
Decisions by health care representative.
Status: in_force

(a) General rule.--A health care representative may make a health care decision for an individual whose attending physician has determined that the individual is incompetent if:

(1) the individual is at least 18 years of age, has graduated from high school, has married or is an emancipated minor;

(2)

(i) the individual does not have a health care power of attorney; or

(ii) the individual's health care agent is not reasonably available or has indicated an unwillingness to act and no alternate health care agent is reasonably available; and

(3) a guardian of the person to make health care decisions has not been appointed for the individual.

(b) Application.--This section applies to decisions regarding treatment, care, goods or services that a caretaker is obligated to provide to a care-dependent person who has an end-stage medical condition or is permanently unconscious as permitted under 18 Pa.C.S. § 2713(e)(5) (relating to neglect of care-dependent person).

(c) Extent of authority of health care representative.--Except as set forth in section 5462(c)(1) (relating to duties of attending physician and health care provider), the authority and the decision-making process of a health care representative shall be the same as provided for a health care agent in section 5456 (relating to authority of health care agent) and 5460(c) (relating to relation of health care agent to court-appointed guardian and other agents).

(d) Who may act as health care representative.--

(1) An individual of sound mind may, by a signed writing or by personally informing the attending physician or the health care provider, designate one or more individuals to act as health care representative. In the absence of a designation or if no designee is reasonably available, any member of the following classes, in descending order of priority, who is reasonably available may act as health care representative:

(i) The spouse, unless an action for divorce is pending, and the adult children of the principal who are not the children of the spouse.

(ii) An adult child.

(iii) A parent.

(iv) An adult brother or sister.

(v) An adult grandchild.

(vi) An adult who has knowledge of the principal's preferences and values, including, but not limited to, religious and moral beliefs, to assess how the principal would make health care decisions.

(2) An individual may by signed writing, including a health care power of attorney, provide for a different order of priority.

(3) An individual with a higher priority who is willing to act as a health care representative may assume the

authority to act notwithstanding the fact that another individual has previously assumed that authority.

(e) Disqualification.--An individual of sound mind may disqualify one or more individuals from acting as health care representative in the same manner as specified under subsection

(d) for the designation of a health care representative. An individual may also disqualify one or more individuals from acting as health care representative by a health care power of attorney. Upon the petition of any member of the classes set forth in subsection (d), the court may disqualify for cause shown an individual otherwise eligible to serve as a health care representative.

(f) Limitation on designation of health care representative.--Unless related by blood, marriage or adoption, a health care representative may not be the principal's attending physician or other health care provider nor an owner, operator or employee of a health care provider in which the principal receives care.

(g) Decision of health care representative.--

(1) If more than one member of a class assumes authority to act as a health care representative, the members do not agree on a health care decision and the attending physician or health care provider is so informed, the attending physician or health care provider may rely on the decision of a majority of the members of that class who have communicated their views to the attending physician or health care provider.

(2) If the members of the class of health care representatives are evenly divided concerning the health care decision and the attending physician or health care provider is so informed, an individual having a lower priority may not act as a health care representative. So long as the class remains evenly divided, no decision shall be deemed made until such time as the parties resolve their disagreement. Notwithstanding such disagreement, nothing in this subsection shall be construed to preclude the administration of health care treatment in accordance with accepted standards of medical practice.

(h) Duty of health care representative.--Promptly upon assuming authority to act, a health care representative shall communicate the assumption of authority to the members of the principal's family specified in subsection (d) who can be readily contacted.

(i) Countermand of health care decision.--

(1) A principal of sound mind may countermand any health care decision made by the principal's health care representative at any time and in any manner by personally informing the attending physician or health care provider.

(2) Regardless of the principal's mental or physical capacity, a principal may countermand a health care decision made by the principal's health care representative that would withhold or withdraw life-sustaining treatment at any time and in any manner by personally informing the attending physician.

(3) The attending physician or health care provider shall make reasonable efforts to promptly inform the health care representative of a countermand exercised under this section.

(4) A countermand exercised under this section shall not affect the authority of the health care representative to make other health care decisions.

(j) Court approval unnecessary.--A health care decision made by a health care representative for a principal shall be effective without court approval.

(k) Written declaration of health care representative.--An attending physician or health care provider may require a person claiming the right to act as health care representative for a principal to provide a written declaration made under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed authority. Cross References. Section 5461 is referred to in sections 5422, 5431, 5453 of this title; section 2713 of Title 18 (Crimes and Offenses).
20 Pa.C.S. § 6301 — PA Code / Title 20 / Chapter 63 / Section 6301
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Account" means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangements. "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee. "Financial institution" means any organization authorized to do business under State or Federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations and credit unions. "Joint account" means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. "Multiple-party account" is either a joint account or a trust account. It does not include accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes, or accounts controlled by one or more

persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization or a regular fiduciary or trust account where the relationship is established other than by deposit agreement. "Net contribution" of a party to a joint account as of any given time is the sum of all deposits thereto made by or for him, less all withdrawals made by or for him which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. The term includes, in addition, any proceeds of life insurance added to the account by reason of the death of the party whose net contribution is in question. "Party" means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. A beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original trustee. Unless the context otherwise requires, it includes a guardian, personal representative, assignee, or attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless he has a present right of withdrawal. "Payment" of a sum on deposit includes withdrawal, payment on check or other directive of a party, any pledge of a sum on deposit by a party, and any set-off or reduction or other disposition of all or part of an account pursuant to a pledge. "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this chapter the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. "Sum on deposit" means the balance payable on a multiple-party account including interest, dividends, and in addition any life insurance proceeds added to the account by reason of the death of a party. "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sum on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary account arising from a fiduciary relation such as attorney-client. "Withdrawal" includes payment to a third person pursuant to check or other directive of a party.
20 Pa.C.S. § 3325 — PA Code / Title 20 / Chapter 33 / Section 3325
Administrator C.T.A.
Status: in_force

An administrator with the will annexed shall have all the powers given by the will to the executor, unless otherwise provided by the will. When he has been required to give bond, no proceeds of real estate shall be paid to him until the court has made an order excusing him from entering additional security or requiring additional security, and in the latter event, only after he has entered the additional security.
20 Pa.C.S. § 5610 — PA Code / Title 20 / Chapter 56 / Section 5610
Account.
Status: in_force

An agent shall file an account of his administration whenever directed to do so by the court and may file an account at any other time. All accounts shall be filed in the office of the

clerk in the county where the principal resides. The court may assess the costs of the accounting proceeding as it deems appropriate, including the costs of preparing and filing the account. (Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) 2016 Amendment. Section 21(2)(ii) of Act 79 of 2016 provided that the amendment of section 5610 shall apply to all powers of attorney executed before, on or after the effective date of section 21(2)(ii). 1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
20 Pa.C.S. § 8143 — PA Code / Title 20 / Chapter 81 / Section 8143
Business and other activities conducted by trustee.
Status: in_force

(a) Separate accounting for business or activity.--If a trustee that conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets.

(b) Net receipts.--

(1) A trustee that accounts separately for a business or other activity may determine the extent to which:

(i) its net cash receipts must be retained for working capital, the acquisition or replacement of fixed assets and other reasonably foreseeable needs of the business or activity; and

(ii) the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records.

(2) If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business.

(c) Permissible activities for separate accounting.--Activities for which a trustee may maintain separate accounting records include:

(1) Retail, manufacturing, service and other traditional business activities.

(2) Farming.

(3) Raising and selling livestock and other animals.

(4) Management of rental properties.

(5) Extraction of minerals and other natural resources.

(6) Timber operations.

(7) Activities to which section 8154 (relating to derivatives and options) applies. Cross References. Section 8143 is referred to in sections 8141, 8147, 8154, 8164 of this title.
20 Pa.C.S. § 4102 — PA Code / Title 20 / Chapter 41 / Section 4102
Powers with respect to securities and bank accounts.
Status: in_force

(a) Securities.--When there is no administration in the Commonwealth, a foreign fiduciary, upon submission of a certificate of his appointment, shall have all of the powers of a similar local fiduciary with respect to stock, bonds and other securities of a Pennsylvania corporation or of a Federal corporation located in Pennsylvania, and shall not be required to comply with the conditions and limitations of section 4101 (relating to in general).

(b) Bank accounts.--When there is no administration in this Commonwealth, a foreign fiduciary shall have all the powers of a similar local fiduciary with respect to money deposited or invested in a financial institution located in this Commonwealth and shall not be required to comply with the conditions and limitations of section 4101 if he has submitted to the financial institution a certificate of his appointment and an affidavit stating that after diligent search and inquiry the estate of which he is fiduciary is not, to his knowledge or so far as he has been able to discover, indebted to any person in this Commonwealth and that any taxes owing by such estate to the Commonwealth or any subdivision thereof have been paid or provided for.

(c) Definition.--As used in subsection (b) of this section "financial institution" means a bank, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a credit union, a savings bank, a private bank and a national bank. (Feb. 18, 1982, P.L.45, No.26, eff. imd.) 1982 Amendment. Act 26 amended subsec. (b). Cross References. Section 4102 is referred to in section 4101 of this title.
20 Pa.C.S. § 3385 — PA Code / Title 20 / Chapter 33 / Section 3385
Limitation upon claims.
Status: in_force

All claims against the decedent, subject only to the provisions of section 3381 (relating to liens and charges existing at death not impaired) and section 3382 (relating to judgments which are liens at death), shall become unenforceable after one year from the decedent's death against a bona fide grantee of, or holder of a lien on, real property of the decedent who has acquired his interest for value from or through those entitled to the property by will or by intestacy, either:

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

(2) within such year if no letters upon the decedent's estate have been issued in the Commonwealth during that year. Nothing in this section shall be construed to limit the right of a personal representative subsequently appointed to recover from the heir or devisee the value of property so sold or encumbered.
20 Pa.C.S. § 102 — PA Code / Title 20 / Chapter 1 / Section 102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Clerk." Means the clerk of the orphans' court division of the court of common pleas.

"Court, orphans' court, or orphans' court division." Means the court of common pleas exercising the jurisdiction referred to in this title through its orphans' court division.

"Fiduciary." Includes personal representatives, guardians, and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the orphans' court division.

"First complete advertisement of the grant of letters." In counties having no legal publication, means the first of the three times that the grant of letters is advertised in a newspaper, and, in counties having a legal publication, it means when it has been advertised, on at least one occasion, in both the newspaper and in the legal publication.

"Foreign fiduciary." Means a personal representative, guardian of a minor or incapacitated person, trustee or one performing the functions of any such fiduciary, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.

"Foreign guardian." Means a guardian, or one performing the function of a guardian, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth.

"General rule or rule of court." A rule or order promulgated by the governing authority, as defined in 42 Pa.C.S. § 102 (relating to definitions), of the unified judicial system.

"Guardian." Means a fiduciary who has the care and management of the estate or person of a minor or an incapacitated person.

"Incapacitated person." Means a person determined to be an incapacitated person under the provisions of Chapter 55 (relating to incapacitated persons).

"Letters." Means letters testamentary or letters of administration of any description.

"Minor." Means an individual under the age of 18 years.

"Personal representative." Means an executor or administrator of any description.

"Register." Means the register of wills having jurisdiction of granting of letters testamentary or of administration.

"Trust." Means any trust, whether testamentary or inter vivos, subject to the jurisdiction of the orphans' court division.

"Will." Means a written will, codicil or other testamentary writing. (Dec. 6, 1972, P.L.1461, No.331; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; 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. § 762 — PA Code / Title 20 / Chapter 7 / Section 762
Accounts.
Status: in_force

The orphans' court division may decide or dispose of any question relating to the administration or distribution of an estate or trust and exercise any of its powers in respect thereof upon the filing of an account or in any other appropriate proceeding. The account may be a complete accounting of the estate or trust or of only the transactions which raise the question to be determined.
20 Pa.C.S. § 3125 — PA Code / Title 20 / Chapter 31 / Section 3125
Other remedies.
Status: in_force

The surviving spouse, child or children, parent or parents may also collect the exemption out of real and personal estate, together with income thereon, in the manner provided by law for the collection of legacies.
20 Pa.C.S. § 7601 — PA Code / Title 20 / Chapter 76 / Section 7601
Definitions.
Status: in_force

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

"Broad power of appointment." A power of appointment that the donee may exercise in favor of any one or more of the following:

(1) One or more persons selected by the donee.

(2) The donee.

(3) The donee's estate.

(4) Every person other than the donee, the donee's creditors, the donee's estate or the creditors of the donee's estate.

"Limited power of appointment." A power of appointment that is not a broad power of appointment. The term includes a power to appoint to the donee's creditors or the creditors of the donee's estate.
20 Pa.C.S. § 7765 — PA Code / Title 20 / Chapter 77 / Section 7765
Resignation of trustee; filing resignation.
Status: in_force

(a) Court approval.--(Deleted by amendment).

(a.1) General rule.--A trustee may resign:

(1) with court approval;

(2) without court approval if authorized to resign by the terms of the trust; or

(3) pursuant to a nonjudicial settlement agreement described in section 7710.1 (relating to nonjudicial settlement agreements - UTC 111).

(b) Without court approval if authorized by trust instrument.--(Deleted by amendment).

(c) Without court approval and without authorization in trust instrument.--(Deleted by amendment).

(d) Liability.--The resignation of a trustee shall not by itself relieve the resigning trustee of liability in connection with the administration of the trust.

(e) Filing resignation.--A resignation of a trustee may be filed with the clerk of the court having jurisdiction over the trust. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017; July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (a.1)(2). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. 2016 Amendment. Act 79 added subsec. (a.1) and deleted subsecs. (a), (b) and (c). Cross References. Section 7765 is referred to in section 7780.27 of this title.
20 Pa.C.S. § 3545 — PA Code / Title 20 / Chapter 35 / Section 3545
Transcripts of balances due by personal representative.
Status: in_force

(a) Filing in common pleas.--The prothonotary of any court of common pleas shall, on demand of any party in interest, file and docket a certified transcript or extract from the record showing that an orphans' court division has adjudged an amount to be due by a personal representative, and such transcript or

extract shall constitute a judgment against the personal representative from the time of its filing with the same effect as if it had been obtained in an action in the trial or civil division of the court of common pleas. If the amount adjudged to be due by the personal representative shall be increased or decreased on appeal, the prothonotary shall, if the decree of the appellate court is certified to him, change his records accordingly, and if the appellate court has increased the amount, the excess shall constitute a judgment against the personal representative from the time when the records are so changed.

(b) Satisfaction and discharge.--If the orphans' court division shall order the personal representative to be relieved from any such judgment, the prothonotary shall, on demand of any party in interest, enter on his records a certified copy of such order, which shall operate as a satisfaction of the judgment. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 amended subsec. (a). Cross References. Section 3545 is referred to in sections 5163, 5533, 7799.2 of this title.
20 Pa.C.S. § 3332 — PA Code / Title 20 / Chapter 33 / Section 3332
Inherent powers and duties.
Status: in_force

Except as otherwise provided in this title, nothing in this title shall be construed to limit the inherent powers and duties of a personal representative. Cross References. Section 3332 is referred to in sections 5144, 5521, 7792 of this title.
20 Pa.C.S. § 5842 — PA Code / Title 20 / Chapter 58 / Section 5842
Duties of attending physician and mental health care provider.
Status: in_force

(a) Compliance with decisions of mental health care agent.--Subject to any limitation specified in a mental health power of attorney, an attending physician or mental health care provider shall comply with a mental health care decision made by a mental health care agent to the same extent as if the decision had been made by the principal.

(b) Mental health record.--

(1) An attending physician or mental health care provider who is given a mental health power of attorney shall arrange for the mental health power of attorney or a copy to be placed in the mental health record of the principal.

(2) An attending physician or mental health care provider to whom an amendment or revocation of a mental health power of attorney is communicated shall promptly enter the information in the mental health record of the principal and maintain a copy if one is furnished.

(c) Record of determination.--An attending physician who determines that a principal is unable to make or has regained the capacity to make mental health treatment decisions or makes a determination that affects the authority of a mental health care agent shall enter the determination in the mental health record of the principal and, if possible, promptly inform the principal and any mental health care agent of the determination.
20 Pa.C.S. § 3903 — PA Code / Title 20 / Chapter 39 / Section 3903
Applicability.
Status: in_force

(a) Time.--This chapter applies to:

(1) a fiduciary acting under a will or power of attorney executed before, on or after the effective date of this section;

(2) a personal representative acting for a decedent who died before, on or after the effective date of this section;

(3) a proceeding for the appointment of a guardian of the estate commenced before, on or after the effective date of this section; and

(4) a trustee acting under a trust created before, on or after the effective date of this section.

(b) Residence of user.--This chapter applies to a custodian if the user resides in this Commonwealth or resided in this Commonwealth at the time of the user's death.

(c) Employers.--This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
20 Pa.C.S. § 7761 — PA Code / Title 20 / Chapter 77 / Section 7761
Accepting or declining trusteeship - UTC 701.
Status: in_force

(a) Accepting trusteeship.--Except as otherwise provided in subsection (c), a person designated as trustee accepts the trusteeship:

(1) by substantially complying with a method of acceptance provided in the terms of the trust; or

(2) if the terms of the trust do not provide a method or the method provided in the terms of the trust is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee or by otherwise indicating acceptance of the trusteeship.

(b) Rejecting trusteeship.--A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.

(c) Actions not constituting acceptance of trusteeship.--A person designated as trustee, without accepting the trusteeship, may:

(1) act to preserve the trust property if, within a reasonable time after acting, the person sends a written rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and

(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (a). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code. Cross References. Section 7761 is referred to in section 7780.27 of this title.
20 Pa.C.S. § 5488 — PA Code / Title 20 / Chapter 54 / Section 5488
Advisory committee.
Status: in_force

(a) Establishment.--Within 60 days of the effective date of this section, the department shall establish a committee to assist it in determining the advisability of using a standardized form containing orders by qualified physicians that detail the scope of medical treatment for patients' life-sustaining wishes.

(b) Membership.--The committee shall include representatives from the Pennsylvania Medical Society, the Hospital and Health System Association of Pennsylvania, the Joint State Government Commission's Advisory Committee on Decedents' Estates Laws, the Pennsylvania Bar Association, the Department of Aging, the Department of Public Welfare and other interested persons at the department's discretion.

(c) Scope of review.--The committee's review shall include, but not be limited to, examination of the following:

(1) The need to adopt this type of standardized form in view of the existing use of do-not-resuscitate orders.

(2) The use and evaluation of use of such forms in other states.

(3) Any other matters determined by the department to be relevant to its determination. 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. § 774 — PA Code / Title 20 / Chapter 7 / Section 774
Depositions and discovery.
Status: in_force

The orphans' court division, by general rule or special order, may prescribe the practice relating to depositions, discovery, and the production of documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the division of the court having jurisdiction over actions at law.
20 Pa.C.S. § 8631 — PA Code / Title 20 / Chapter 86 / Section 8631
Study of organ procurement organizations.
Status: in_force

(a) Study.--The Legislative Budget and Finance Committee shall conduct a study and performance evaluation of expenditures which utilize grants from the Department of Health under section 8622(b) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).

(b) Date.--The study under subsection (a) shall be completed no later than two years after the effective date of this section. Copies shall be submitted to the following:

(1) The Health and Human Services Committee of the Senate.

(2) The Judiciary Committee of the Senate.

(3) The Health Committee of the House of Representatives.

(4) The Judiciary Committee of the House of Representatives. (Oct. 23, 2018, P.L.594, No.90, eff. imd.) 2018 Amendment. Act 90 added section 8631.
20 Pa.C.S. § 8618 — PA Code / Title 20 / Chapter 86 / Section 8618
Voluntary contribution system (Repealed).
Status: repealed

1997 Repeal. Section 8618 was repealed May 7, 1997, P.L.85, No.7, effective immediately.
20 Pa.C.S. § 3172 — PA Code / Title 20 / Chapter 31 / Section 3172
Register's responsibility.
Status: in_force

If any register shall grant letters without having taken such bond as is required by law, he and his surety shall be liable to pay all damages which shall accrue to any person by reason thereof. Nothing herein stated shall be deemed to relieve the personal representative from liability which would otherwise be imposed upon him by law.
20 Pa.C.S. § 7753 — PA Code / Title 20 / Chapter 77 / Section 7753
Trustee's duties; powers of withdrawal - UTC 603.
Status: in_force

(a) Power of settlor.--Regardless of the legal capacity of the settlor, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor to the extent a trust is revocable.

(b) Holder of power of withdrawal.--The holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power during the period the power may be exercised.

(c) Direction contrary to trust terms.--While a trust is revocable, the trustee may follow a written direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with other persons, the trustee may follow a written direction from the settlor and those persons that is contrary to the terms of the trust. (July 15, 2024, P.L.786, No.64, eff. 90 days) 2024 Amendment. Act 64 amended subsec. (a) and added subsec.

(c). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
20 Pa.C.S. § 7799.2 — PA Code / Title 20 / Chapter 77 / Section 7799.2
Accounts, audits and distributions.
Status: in_force

The provisions concerning accounts, audits and distributions in trust estates shall be the same as those set forth in the following provisions of this title for the administration of a decedent's estate: Section 3511 (relating to audits in counties having separate orphans' court division). Section 3512 (relating to audits in counties having no separate orphans' court division). Section 3513 (relating to statement of proposed distribution). Section 3514 (relating to confirmation of account and approval of proposed distribution). Section 3521 (relating to rehearing; relief granted). Section 3533 (relating to award upon final confirmation of account). Section 3536 (relating to recording and registering decrees awarding real estate). Section 3538 (relating to distributions involving persons born out of wedlock). Section 3539 (relating to change in law after pattern of distribution established). Section 3540 (relating to absentee and additional distributees). Section 3541 (relating to order of abatement). Section 3545 (relating to transcripts of balances due by personal representative).
20 Pa.C.S. § 4305 — PA Code / Title 20 / Chapter 43 / Section 4305
Fiduciaries temporarily relieved of duties and liabilities.
Status: in_force

So long as any decree entered pursuant to the provisions of section 4301 (relating to appointment of temporary fiduciary) remains in force, the fiduciary named therein shall exercise none of his fiduciary powers or discretion and shall be under no liability for any acts or omissions of the substituted fiduciary pro tem or of any cofiduciary or cofiduciaries during that period: Provided, That nothing contained in this chapter shall relieve a fiduciary from liability for the administration of the estate before the entry of a decree under the provisions of section 4301 and upon the reinstatement of such fiduciary.
20 Pa.C.S. § 7212 — PA Code / Title 20 / Chapter 72 / Section 7212
Degree of care.
Status: in_force

A fiduciary shall exercise reasonable care, skill and caution in making and implementing investment and management decisions.

A fiduciary who represents that he has special investment skills shall exercise those skills.
20 Pa.C.S. § 7736 — PA Code / Title 20 / Chapter 77 / Section 7736
Creation of trust induced by fraud, duress or undue influence - UTC 406.
Status: in_force

A trust or an amendment to a trust is voidable to the extent its creation was induced by fraud, duress or undue influence.
20 Pa.C.S. § 8155 — PA Code / Title 20 / Chapter 81 / Section 8155
Asset-backed securities.
Status: in_force

(a) General rule.--If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets:

(1) The trustee shall allocate to income the portion of the payment which the payor identifies as being from interest or other current return.

(2) The trustee shall allocate the balance of the payment to principal.

(b) Allocation where liquidating trust's interest in security.--

(1) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal.

(2) If a payment is one of a series of payments which will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate:

(i) ten percent of the payment to income; and

(ii) the balance to principal.

(c) Definition.--As used in this section, the term "asset-backed security" means an asset the value of which is

based upon the right it gives the owner to receive distributions from the proceeds of financial assets which provide collateral for the security. The term includes an asset which gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which section 8141 (relating to character of receipts) or 8149 (relating to retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments) applies. Cross References. Section 8155 is referred to in sections 8141, 8142, 8144, 8146, 8148, 8150 of this title.
20 Pa.C.S. § 5430 — PA Code / Title 20 / Chapter 54 / Section 5430
Effect of divorce.
Status: in_force

(a) General rule.--If the spouse of a principal is designated as the principal's health care agent and thereafter either spouse files an action in divorce, the designation of the spouse as health care agent shall be revoked as of the time the action is filed unless it clearly appears from the advance health care directive that the designation was intended to continue to be effective notwithstanding the filing of an action in divorce by either spouse.

(b) Construction.--A revocation under this section shall not be construed to invalidate an advance health care directive unless its terms expressly direct otherwise.
20 Pa.C.S. § 3532 — PA Code / Title 20 / Chapter 35 / Section 3532
At risk of personal representative.
Status: in_force

(a) Rights of claimants against personal representatives.--A personal representative, at his own risk and without the filing, audit or confirmation of his account, may distribute real or personal property and such distribution shall be without liability to any claimant against the decedent, unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant

of letters to such personal representative or thereafter but prior to such distribution.

(b) Rights of claimants against distributed property.--

(1) Personal property.--No claimant shall have any claim against personal property distributed by a personal representative at his own risk pursuant to subsection (a), unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant of letters or thereafter but prior to such distribution.

(2) Real property.--No claimant shall have any claim against real property conveyed by a personal representative in distribution at his own risk pursuant to subsection (a) hereof, unless such claimant, within one year after the decedent's death, files a written notice of his claim with the clerk. Such claim against real property shall expire at the end of five years after the decedent's death, unless within that time the personal representative files an account or the claimant files a petition to compel an accounting.

(3) Liens and charges existing at death.--Nothing in this section shall be construed as affecting any lien or charge which existed at the time of the decedent's death on his real or personal property.

(b.1) Limitation on rights of claimants.--A personal representative may make written demand by mail or delivery to any person who may have a claim but who has not previously given written notice of his claim to the personal representative. If the personal representative's demand requests the person to give written notice of his claim within 60 days from the mailing or delivery of the demand or within one year from the first complete advertisement of the grant of letters, whichever is later, and the person fails to do so, the person shall not have any rights with respect to such claim under subsection (a) or

(b)(1) and shall not have any right on account of such claim to receive notice of the filing of the personal representative's account and of its call for audit or confirmation. The personal representative shall not be liable to any such person or to any beneficiary, heir or next of kin or creditor of the estate for making or failing to make demand under this subsection.

(c) Record of risk distributions.--The personal representative may file with the clerk receipts, releases and refunding agreements which he may have received from persons to whom he has made a risk distribution, or from other parties in interest. Receipts, releases and refunding agreements so filed shall be indexed under the name of the estate. Their acceptance shall not be construed as court approval of any act of administration or distribution therein reflected. (July 9, 1976, P.L.551, No.135, eff. imd.; Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendment. Act 152 amended subsecs. (a) and (b)(1) and added subsec. (b.1). 1976 Amendment. Act 135 added subsec. (c). Cross References. Section 3532 is referred to in sections 3503, 5163, 5533, 7792 of this title.
20 Pa.C.S. § 5836 — PA Code / Title 20 / Chapter 58 / Section 5836
Authority of mental health care agent.
Status: in_force

(a) Extent of authority.--Except as expressly provided otherwise in a mental health power of attorney and subject to subsections (b) and (c), a mental health care agent may make any mental health care decision and exercise any right and power regarding the principal's care, custody and mental health care treatment that the principal could have made and exercised.

(b) Powers not granted.--A mental health power of attorney may not convey the power to relinquish parental rights or consent to psychosurgery.

(c) Powers and duties only specifically granted.--Unless specifically included in a mental health power of attorney, the agent shall not have the power to consent to electroconvulsive therapy or to experimental procedures or research.

(d) Mental health care decisions.--After consultation with mental health care providers and after consideration of the prognosis and acceptable alternatives regarding diagnosis, treatments and side effects, a mental health care agent shall make mental health care decisions in accordance with the mental health care agent's understanding and interpretation of the instructions given by the principal at a time when the principal had the capacity to make and communicate mental health care decisions. Instructions include a declaration made by the principal and any clear written or verbal directions that cover the situation presented. In the absence of instructions, the mental health care agent shall make mental health care decisions conforming with the mental health care agent's assessment of the principal's preferences.

(e) Mental health care information.--

(1) Unless specifically provided otherwise in a mental health power of attorney, a mental health care agent shall have the same rights and limitations as the principal to request, examine, copy and consent or refuse to consent to the disclosure of mental health care information.

(2) Disclosure of mental health care information to a mental health care agent shall not be construed to constitute a waiver of any evidentiary privilege or right to assert confidentiality.

(3) A mental health care provider that discloses mental health care information to a mental health care agent in good faith shall not be liable for the disclosure.

(4) A mental health care agent may not disclose mental health care information regarding the principal except as is reasonably necessary to perform the agent's obligations to the principal or as otherwise required by law.

(f) Liability of agent.--A mental health care agent shall not be personally liable for the costs of care and treatment of the principal. Cross References. Section 5836 is referred to in section 5843 of this title.
20 Pa.C.S. § 7795 — PA Code / Title 20 / Chapter 77 / Section 7795
Reports for school district trustees.
Status: in_force

(a) Scope.--This section applies if a school district is a trustee of land in accordance with all of the following:

(1) The land is held for the benefit of the public.

(2) The land is not used directly for school purposes.

(b) Requirement.--

(1) By January 30, the school district shall prepare a report for the prior year concerning the trust.

(2) The report shall detail all of the following:

(i) Revenues generated.

(ii) Expenses incurred.

(iii) Balance of funds held by the school district as trustee.

(iv) A statement regarding the activities taken by the trustee during the prior year to advance the purposes of the trust.

(3) The report must be certified as correct by the district superintendent.

(4) The report shall be made public as follows:

(i) The report shall be published in 14-point type in a newspaper of general circulation in each county in which the land is located.

(ii) The report shall be available during business hours for inspection and copying at the office of the district superintendent. A reasonable fee may be charged for copying. Cross References. Section 7795 is referred to in section 7796 of this title.
20 Pa.C.S. § 7780.12 — PA Code / Title 20 / Chapter 77 / Section 7780.12
Definitions - UDTA 2.
Status: in_force

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

"Directed trust." A trust for which the terms of the trust grant a power of direction.

"Directed trustee." A trustee that is subject to a trust director's power of direction.

"Power of direction." As follows:

(1) A power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee.

(2) The term includes a power over the investment, management or distribution of trust property or other matters of trust administration and, in the case of a trust protector, may include powers to modify the terms of the trust.

(3) A power of direction includes incidental powers that are appropriate and necessary to the exercise or nonexercise of the power of direction. The rules specified in this subchapter govern the exercise of such incidental powers.

"Trust director." As follows:

(1) A person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee.

(2) A beneficiary or settlor of a trust may serve as a trust director of the trust.

"Trust protector." A trust director authorized by the terms of a trust to modify one or more terms of the trust.

"Willful misconduct." As follows:

(1) Intentional conduct that is malicious, designed to defraud or unconscionable.

(2) Mere negligence, gross negligence and recklessness do not constitute "willful misconduct."
20 Pa.C.S. § 2112 — PA Code / Title 20 / Chapter 21 / Section 2112
Property distributable to the Commonwealth (Repealed).
Status: repealed

1976 Repeal. Section 2112 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
20 Pa.C.S. § 2503 — PA Code / Title 20 / Chapter 25 / Section 2503
Nuncupative wills (Repealed).
Status: repealed

1974 Repeal. Section 2503 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
20 Pa.C.S. § 754 — PA Code / Title 20 / Chapter 7 / Section 754
Power to administer oaths (Repealed).
Status: repealed

1978 Repeal. Section 754 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 5838 — PA Code / Title 20 / Chapter 58 / Section 5838
Effect of divorce.
Status: in_force

If the spouse of a principal is designated as the principal's mental health care agent and thereafter either spouse files an action in divorce, the designation of the spouse as mental health care agent shall be revoked as of the time the action is filed unless it clearly appears from the mental health power of attorney that the designation was intended to continue to be effective notwithstanding the filing of an action in divorce by either spouse.
20 Pa.C.S. § 7604 — PA Code / Title 20 / Chapter 76 / Section 7604
Manner of appointment.
Status: in_force

(a) Outright or in trust.--Subject to section 7602(e) (relating to exercise of powers of appointment), unless expressly prohibited by the instrument creating a power of appointment, a donee may exercise a power by appointing in any manner, including, but not limited to:

(1) Appointing outright to one or more objects of the power.

(2) Appointing to one or more trustees to hold the appointive property in trust for the benefit of one or more objects of the power and specifying the terms and

administrative provisions of the trust and the powers and duties of the trustees, even if the trustees themselves are not objects of the power.

(3) Creating a broad or limited power of appointment exercisable by any one or more objects of the original power to whom the donee could have appointed outright, even if some of the objects of the new power are not among the objects of the original power, provided that if the original power is a limited power, other than a power to appoint to the donee's creditors or the creditors of the donee's estate:

(i) All the objects of the original power are among the objects of the new power.

(ii) All the takers in default of exercise of the new power are among the objects of the original power.

(b) Exclusive and nonexclusive powers.--Unless the instrument creating a power of appointment expressly specifies a minimum share of, a minimum pecuniary amount of or a particular item of appointive property to be appointed to an object of the power, the donee may exclude any object of the power as the donee deems appropriate.
20 Pa.C.S. § 5162 — PA Code / Title 20 / Chapter 51 / Section 5162
Where accounts filed.
Status: in_force

All accounts of guardians shall be filed in the office of the clerk.
20 Pa.C.S. § 7706 — PA Code / Title 20 / Chapter 77 / Section 7706
Common law of trusts; principles of equity - UTC 106.
Status: in_force

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this Commonwealth.
20 Pa.C.S. § 3912 — PA Code / Title 20 / Chapter 39 / Section 3912
Disclosure of contents of electronic communications held in trust when trustee not original user.
Status: in_force

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under section 7790.3 (relating to certification of trust - UTC 1013), which includes consent to disclosure of the content of electronic communications to the trustee;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(ii) evidence linking the account to the trust. Cross References. Section 3912 is referred to in section 3916 of this title.
20 Pa.C.S. § 8132 — PA Code / Title 20 / Chapter 81 / Section 8132
Apportionment of receipts and disbursements when decedent dies or income interest begins.
Status: in_force

(a) Allocation to principal.--Unless section 8121(1) (relating to determination and distribution of net income) applies, a trustee shall allocate an income receipt or disbursement to principal if its due date occurs before:

(1) a decedent dies in the case of an estate; or

(2) an income interest begins in the case of a trust or successive income interest.

(b) Allocation to income.--A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal and the balance must be allocated to income.

(c) Due dates.--An item of income or an obligation is due on the date the payor is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which section 8141 (relating to character of receipts) applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
20 Pa.C.S. § 7780.14 — PA Code / Title 20 / Chapter 77 / Section 7780.14
Exclusions - UDTA 5.
Status: in_force

This subchapter does not apply to:

(1) A power of appointment.

(2) A power held by the settlor or a beneficiary of a trust to appoint or remove a trustee or a trust director unless the terms of the trust provide that the power is exercisable by the settlor or beneficiary acting as a trust director.

(3) A settlor's power over a trust to the extent the settlor may revoke the trust.

(4) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(i) the beneficiary; or

(ii) another beneficiary who is represented by the beneficiary under Subchapter C (relating to representation) with respect to the exercise or nonexercise of the power.

(5) A power over a trust that must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under 26 U.S.C. (relating to Internal Revenue Code), as amended, and regulations issued thereunder, as amended.
20 Pa.C.S. § 7209 — PA Code / Title 20 / Chapter 72 / Section 7209
Mutual funds.
Status: in_force

Notwithstanding that a bank or trust company or an affiliate provides services to the investment company or investment trust, including that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor or manager, and receives reasonable compensation for those services and notwithstanding any other provision of law, a bank or trust company acting as a fiduciary, agent or otherwise may invest and reinvest in a mutual fund if the portfolio of the mutual fund consists substantially of investments not prohibited by the governing instrument. With respect to any funds invested, the basis upon which compensation is calculated, expressed as a percentage of asset value or otherwise, shall be disclosed by prospectus, account statement or otherwise to all persons to whom statements of the account are rendered. Cross References. Section 7209 is referred to in section 7772 of this title.
20 Pa.C.S. § 5163 — PA Code / Title 20 / Chapter 51 / Section 5163
Notice, audits, reviews and distribution.
Status: in_force

The provisions concerning accounts, audits, reviews, distribution and rights of distributees in a minor's estate shall be the same as those set forth in the following provisions of this title for the administration of a decedent's estate: Section 3503 (relating to notice to parties in interest). Section 3504 (relating to representation of parties in interest). Section 3511 (relating to audits in counties having separate orphans' court division). Section 3512 (relating to audits in counties having no separate orphans' court division). Section 3513 (relating to statement of proposed distribution). Section 3514 (relating to confirmation of account and approval of proposed distribution). Section 3521 (relating to rehearing; relief granted). Section 3532(c) (relating to record of risk distributions). Section 3533 (relating to award upon final confirmation of account). Section 3534 (relating to distribution in kind). Section 3536 (relating to recording and registering decrees awarding real estate). Section 3544 (relating to liability of personal representative for interest).

Section 3545 (relating to transcripts of balances due by personal representative). (Apr. 28, 1978, P.L.77, No.37, eff. 60 days) References in Text. Section 3504, referred to in this section, is repealed. The subject matter is now contained in section 751(6).
20 Pa.C.S. § 3535 — PA Code / Title 20 / Chapter 35 / Section 3535
Delivery of possession of real estate.
Status: in_force

Upon application of any party in interest and after such notice as the court shall direct, the court may order the personal representative to deliver to any distributee possession of any real estate to which he is entitled, provided that claimants and other distributees are not prejudiced thereby. The personal representative shall cease to be responsible for the maintenance of such real estate unless and until possession of it is returned to him with his consent or by order of court. The court, at any time prior to a final decree approving the distribution, may order the distributee to return the possession of any such real estate to the personal representative or may require the distributee to give security for the rents or rental value pending a decree of distribution.
20 Pa.C.S. § 7906 — PA Code / Title 20 / Chapter 79 / Section 7906
Applicability.
Status: in_force

This chapter shall apply to:

(1) A charitable organization created after December 31, 1969.

(2) A charitable organization created before January 1, 1970, unless a court of competent jurisdiction in a proceeding instituted before January 1, 1972, explicitly decided that the operation of this chapter would substantially impair the accomplishment of the purposes of the charitable organization involved in that proceeding.
20 Pa.C.S. § 5429 — PA Code / Title 20 / Chapter 54 / Section 5429
Pregnancy.
Status: in_force

(a) Living wills and health care decisions.--Notwithstanding the existence of a living will, a health care decision by a health care representative or health care agent or any other direction to the contrary, life-sustaining treatment, nutrition and hydration shall be provided to a pregnant woman who is incompetent and has an end-stage medical condition or who is permanently unconscious unless, to a reasonable degree of medical certainty as certified on the pregnant woman's medical record by the pregnant woman's attending physician and an obstetrician who has examined the pregnant woman, life-sustaining treatment, nutrition and hydration:

(1) will not maintain the pregnant woman in such a way as to permit the continuing development and live birth of the unborn child;

(2) will be physically harmful to the pregnant woman; or

(3) will cause pain to the pregnant woman that cannot be alleviated by medication.

(b) Rule for orders.--Notwithstanding the existence of an order or direction to the contrary, life-sustaining treatment, cardiopulmonary resuscitation, nutrition and hydration shall be provided to a pregnant patient unless, to a reasonable degree of medical certainty as certified on the pregnant patient's medical record by the attending physician and an obstetrician who has examined the pregnant patient, life-sustaining treatment, nutrition and hydration:

(1) will not maintain the pregnant patient in such a way as to permit the continuing development and live birth of the unborn child;

(2) will be physically harmful to the pregnant patient; or

(3) would cause pain to the pregnant patient that cannot be alleviated by medication.

(c) Pregnancy test.--Nothing in this chapter shall require a physician to perform a pregnancy test unless the physician has reason to believe that the woman may be pregnant.

(d) Payment of expenses by Commonwealth.--

(1) In the event that treatment, cardiopulmonary resuscitation, nutrition and hydration are provided to a pregnant woman, notwithstanding the existence of a living will, health care decision by a health care representative or health care agent, order or direction to the contrary, the Commonwealth shall pay all usual, customary and reasonable expenses directly, indirectly and actually incurred by the pregnant woman to whom such treatment, cardiopulmonary resuscitation, nutrition and hydration are provided.

(2) The Commonwealth shall have the right of subrogation against all moneys paid by any third-party health insurer on behalf of the pregnant woman.

(3) The expenditures incurred on behalf of the pregnant woman constitute a grant, and a lien may not be placed upon the property of the pregnant woman, her estate or her heirs. Cross References. Section 5429 is referred to in section 5456 of this title.
20 Pa.C.S. § 726 — PA Code / Title 20 / Chapter 7 / Section 726
Venue of nonprofit corporations.
Status: in_force

Except as otherwise prescribed by general rules, in exercising the jurisdiction of the court over the property or affairs of a domestic or foreign nonprofit corporation, the venue shall be in the county where the registered office of the corporation is located or deemed to be located for venue purposes or, in the absence of a registered office within this Commonwealth, in a county where any property held or controlled by the nonprofit corporation is located. (Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Dec. 19, 1990, P.L.834, No.198, eff. imd.)
20 Pa.C.S. § 4103 — PA Code / Title 20 / Chapter 41 / Section 4103
Service of process (Repealed).
Status: repealed

1978 Repeal. Section 4103 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
20 Pa.C.S. § 5608.2 — PA Code / Title 20 / Chapter 56 / Section 5608.2
Activities through employees.
Status: in_force

For the purposes of sections 5608 (relating to acceptance of and reliance upon power of attorney) and 5608.1 (relating to liability for refusal to accept power of attorney), the following shall apply:

(1) A person who conducts activities through employees shall be considered to be without actual knowledge of a fact relating to a power of attorney, a principal or an agent, if the employee conducting the transaction involving the power of attorney is without knowledge of the fact.

(2) An employee has knowledge of a fact if the employee has actual knowledge of the fact or acts with conscious disregard or willful ignorance regarding the existence of the fact. (July 2, 2014, P.L.855, No.95, eff. imd.) 2014 Amendment. Act 95 added section 5608.2. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law.
20 Pa.C.S. § 6405 — PA Code / Title 20 / Chapter 64 / Section 6405
Form of registration in beneficiary form.
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the acronym "TOD," or by the words "pay on death" or the acronym "POD," after the name of the registered owner and before the name of a beneficiary.
20 Pa.C.S. § 5131 — PA Code / Title 20 / Chapter 51 / Section 5131
Grounds and procedure.
Status: in_force

The grounds and the procedure for the removal or discharge of a guardian and his surety and the effect of such removal or discharge shall be the same as are set forth in this title relating to the removal and discharge of a personal representative and his surety, with regard to the following:

(1) Grounds for removal, as in section 3182 (relating to grounds for removal).

(2) Procedure for and effect of removal, as in section 3183 (relating to procedure for and effect of removal), for which purpose the minor shall be deemed a party in interest.

(3) Discharge of guardian and surety, as in section 3184 (relating to discharge of personal representative and surety).
20 Pa.C.S. § 764 — PA Code / Title 20 / Chapter 7 / Section 764
Citation.
Status: in_force

Jurisdiction of the person shall be obtained by citation to be awarded by the orphans' court division upon application of any party in interest. The citation shall direct the party named therein to file a complete answer under oath to the averments of the petition on or before a day certain, which shall be not less than ten days after the service thereof, and to show cause as the decree of the division shall provide.
20 Pa.C.S. § 2504.1 — PA Code / Title 20 / Chapter 25 / Section 2504.1
Validity of execution.
Status: in_force

A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 added section 2504.1.
20 Pa.C.S. § 7741 — PA Code / Title 20 / Chapter 77 / Section 7741
Rights of beneficiary's creditor or assignee - UTC 501.
Status: in_force

A judgment creditor or assignee of the beneficiary may reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means to the extent the beneficiary's interest is not subject to a spendthrift provision.
20 Pa.C.S. § 753 — PA Code / Title 20 / Chapter 7 / Section 753
Subpoenas.
Status: in_force

Masters, auditors and examiners shall have the power to issue subpoenas with or without a clause of duces tecum to witnesses to appear before them when necessary for the performance of any of their duties. If any person who has been duly subpoenaed fails to obey the subpoena, the master, auditor, or examiner issuing the subpoena may report the neglect or refusal to the orphans' court division. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
20 Pa.C.S. § 7318 — PA Code / Title 20 / Chapter 73 / Section 7318
Court direction.
Status: in_force

A fiduciary appointed by the court and not acting under a trust instrument, in addition to or in place of the investments authorized by this chapter, may make and retain without liability for resulting loss, such investments as the court, upon petition of the fiduciary or of any party in interest, and after such notice as it shall direct, aided by the report of a master if necessary, shall authorize or direct, subject only to such conditions and limitations as shall be fixed by the court in the decree authorizing or directing the investment.
20 Pa.C.S. § 8141 — PA Code / Title 20 / Chapter 81 / Section 8141
Character of receipts.
Status: in_force

(a) Allocation to income.--Except as otherwise provided in this section, a trustee shall allocate to income money received from an entity, including reinvested cash dividends.

(b) Allocation to principal.--A trustee shall allocate the following receipts from an entity to principal:

(1) Property other than money, excluding reinvested cash dividends.

(2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity.

(3) Money received in total or partial liquidation of the entity.

(4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a short-term or long-term capital gain dividend for Federal income tax purposes.

(c) When received in partial liquidation.--Money is received in partial liquidation:

(1) to the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or

(2) if the total amount of money and property distributed by the entity to its owners in one distribution or a series of related distributions is greater than 20% of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt.

(d) When not received in partial liquidation.--Money is not received in partial liquidation nor may it be taken into account under subsection (c)(2) to the extent that it does not exceed

the amount of income tax that a trust beneficiary must pay on taxable income of the entity that distributes the money.

(e) Reliance upon a statement.--A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors.

(f) Definition.--As used in this section, the term "entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund or any other organization in which a trustee has an interest other than:

(1) a trust or estate to which section 8142 (relating to distribution from trust or estate) applies;

(2) a business or activity to which section 8143 (relating to business and other activities conducted by trustee) applies;

(3) a payment to which section 8149 (relating to retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments) applies; or

(4) an asset-backed security to which section 8155 (relating to asset-backed securities) applies. (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 amended subsecs. (c) and (d). Cross References. Section 8141 is referred to in sections 8132, 8142, 8155 of this title.
20 Pa.C.S. § 7314 — PA Code / Title 20 / Chapter 73 / Section 7314
Common trust fund and mortgage investment fund.
Status: in_force

Any corporate fiduciary and its co-fiduciary, if any, may invest in:

(1) Common trust fund.--A common trust fund containing only investments authorized for fiduciaries, established and maintained by the corporate fiduciary or by any affiliate of the corporate fiduciary within the meaning of section 1504 of the Internal Revenue Code and otherwise in conformity with the laws of the Commonwealth and of the United States; and

(2) Mortgage investment fund.--A mortgage investment fund containing only mortgages and other investments authorized for fiduciaries, established and maintained by the corporate fiduciary in conformity with the laws of the Commonwealth and of the United States. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 amended par. (1).
20 Pa.C.S. § 8167 — PA Code / Title 20 / Chapter 81 / Section 8167
Adjustments between principal and income because of taxes.
Status: in_force

A trustee may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from any of the following:

(1) An election or decision which the trustee makes regarding tax matters.

(2) An income tax or any other tax which is imposed upon the trustee or a beneficiary as a result of a transaction involving the trust or distribution from the trust.

(3) The ownership by a trust of an interest in an entity the taxable income of which, whether or not distributed, is includable in the taxable income of the trust or a beneficiary.

SUBCHAPTERS F and G (Reserved)
20 Pa.C.S. § 3352 — PA Code / Title 20 / Chapter 33 / Section 3352
Power to lease.
Status: in_force

Except as otherwise provided by the will, if any, the personal representative may lease any real or personal property which he is entitled to possess. The lease may be for a term expiring not more than one year after the decedent's death unless it is terminable by the personal representative at any later time on 30 days' notice, or unless a longer term is approved by the court.
20 Pa.C.S. § 8121 — PA Code / Title 20 / Chapter 81 / Section 8121
Determination and distribution of net income.
Status: in_force

After a decedent dies in the case of an estate or after an income interest in a trust ends, the following rules apply:

(1) A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under paragraph (5) and the provisions applicable to trustees in Subchapters C (relating to apportionment at beginning and end of income interest), D (relating to allocation of receipts during administration of trust) and E (relating to allocation of disbursements during administration of trust). The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

(2) A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright and shall allocate to a pecuniary amount in trust the income or other amount provided by the governing instrument or, in the absence of any such provision, the income provided in section 3543 (relating to income on distributive shares) or 7799 (relating to income on distributive shares) from net income determined under paragraph (3) or from principal to the extent that net income is insufficient.

(3) A fiduciary shall determine the remaining net income of a decedent's estate or a terminating income interest under the provisions applicable to trustees in Subchapters C, D and E and by:

(i) including in net income all income from property used to discharge liabilities; and

(ii) paying from principal debts, funeral expenses, costs of disposition of remains, the family exemption, fees of personal representatives and their attorneys and accountants, and death taxes and related interest and penalties which are apportioned to the estate or terminating income interest by the governing instrument or applicable law.

(4) A fiduciary shall distribute the net income remaining after distributions required by paragraph (2) in the manner described in section 8122 (relating to distribution to residuary and remainder beneficiaries) to all other beneficiaries.

(5) A fiduciary may not reduce principal or income receipts from property described in paragraph (1) because of a payment described in section 8151 (relating to minerals, water and other natural resources) or 8152 (relating to timber) to the extent that the governing instrument or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent that the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by:

(i) including all of the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on or after the date of a decedent's death or an income interest's terminating event; and

(ii) making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed. (July 7, 2006, P.L.625, No.98, eff. 120 days) 2016 Correction. Incorrect language was carried in the publication of the 2006 amendment of par. (2). The correct version of par. (2) appears in this publication. 2006 Amendment. Act 98 amended par. (2). Cross References. Section 8121 is referred to in sections 8122, 8132 of this title.
20 Pa.C.S. § 5142 — PA Code / Title 20 / Chapter 51 / Section 5142
Inventory.
Status: in_force

Every guardian, within three months after real or personal estate of his ward comes into his possession, shall verify by oath and file with the clerk an inventory and appraisement of such personal estate, a statement of such real estate, and a

statement of any real or personal estate which he expects to acquire thereafter. Cross References. Section 5142 is referred to in section 5521 of this title.
20 Pa.C.S. § 5427 — PA Code / Title 20 / Chapter 54 / Section 5427
Life insurance.
Status: in_force

The making of or failure to make an advance health care directive, to request an order or to designate or disqualify a health care representative in accordance with this chapter shall not affect in any manner the sale, procurement or issuance of a policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured individual, notwithstanding a term of the policy to the contrary.
20 Pa.C.S. § 7740.8 — PA Code / Title 20 / Chapter 77 / Section 7740.8
Combination of trusts.
Status: in_force

(a) With court approval.--The court, for cause shown, may authorize the combination of separate trusts with substantially similar provisions upon terms and conditions and with notice as the court shall direct notwithstanding that the trusts may have been created by separate instruments and by different persons. If necessary to protect possibly different future interests, the assets shall be valued at the time of the combination, and a record made of the proportionate interest of each separate trust in the combined fund.

(b) Without court approval.--A trustee may, without court approval, combine trusts that were created under the same or different instruments if the trusts have identical provisions, tax attributes and trustees. Cross References. Section 7740.8 is referred to in section 7740 of this title.
20 Pa.C.S. § 8814 — PA Code / Title 20 / Chapter 88 / Section 8814
Record of conviction as evidence.
Status: in_force

The record of his conviction of having participated in the willful and unlawful killing of the decedent or the elder abuse of the victim shall be admissible in evidence against a claimant of property in any civil action arising under this chapter. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 7701 — PA Code / Title 20 / Chapter 77 / Section 7701
Short title of chapter - UTC 101.
Status: in_force

Subchapters A (relating to general provisions) through I (relating to liability of trustees and rights of persons dealing with trustees) shall be known and may be cited as the Uniform Trust Act.
20 Pa.C.S. § 3384 — PA Code / Title 20 / Chapter 33 / Section 3384
Notice of claim.
Status: in_force

(a) Written notice.--Written notice of any claim against a decedent given to the personal representative or his attorney of record before the claim is barred shall toll the statute of limitations.

(b) Acts equivalent to written notice.--Any of the following acts by a claimant shall be equivalent to the giving of written notice of a claim to the personal representative:

(1) Instituting proceedings to compel the filing of an account.

(2) Bringing an action against the personal representative in any court having jurisdiction of the claim and having the writ or pleading duly served on the personal representative.

(3) Substituting the personal representative as a defendant in an action pending against the decedent.

(4) Receiving a written acknowledgment by the personal representative or his attorney of record of the existence of the claim. Cross References. Section 3384 is referred to in section 7755 of this title.
20 Pa.C.S. § 3371 — PA Code / Title 20 / Chapter 33 / Section 3371
Actions which survive.
Status: in_force

All causes of action or proceedings shall survive as provided by 42 Pa.C.S. § 8302 (relating to survival action). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days).
20 Pa.C.S. § 5921 — PA Code / Title 20 / Chapter 59 / Section 5921
Transfer of guardianship or conservatorship to another state.
Status: in_force

(a) Petition.--A guardian or conservator appointed in this Commonwealth may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice.--Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this Commonwealth for the appointment of a guardian or conservator.

(c) Hearing.--The court shall hold a hearing on a petition filed under subsection (a):

(1) on its own motion; or

(2) on request of:

(i) the guardian or conservator;

(ii) the incapacitated or protected person; or

(iii) another person required to be notified of the petition.

(d) Provisional guardianship order.--The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(e) Provisional conservatorship order.--The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) the protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in section 5911(b) (relating to definitions; significant connection factors);

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) adequate arrangements will be made for management of the protected person's property.

(f) Final order.--The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 5922 (relating to accepting guardianship or conservatorship transferred from another state); and

(2) the documents required to terminate a guardianship or conservatorship in this Commonwealth. Cross References. Section 5921 is referred to in sections 5911, 5914, 5922 of this title.
20 Pa.C.S. § 8652 — PA Code / Title 20 / Chapter 86 / Section 8652
Intent of General Assembly.
Status: in_force

It is the intent of the General Assembly to provide guidance to organ procurement organizations, hospitals, health care professionals and the public about the donation of hands, facial tissue, limbs and other vascularized composite allografts when donated by an individual whose death is imminent or who has died in the hospital. The General Assembly recognizes that a donation of a vascularized composite allograft from an individual whose death is imminent or who has died in the hospital, sometimes referred to as authorization for a vascularized composite allograft from a deceased donor, is a gift which must be given freely. In order to be given freely, explicit and specific consent must be obtained from donors or the donors' families. Obtaining explicit and specific consent is the only way to ensure transparency in the donation process and to preserve the public trust. It is the intention of the General Assembly to design policies and procedures to ensure that the donation of hands, facial tissue, limbs and other vascularized composite allografts from an individual whose death is imminent or who has died in the hospital is only made with explicit and specific consent.
20 Pa.C.S. § 8809 — PA Code / Title 20 / Chapter 88 / Section 8809
Contingent remainders and executory or other future interests.
Status: in_force

As to any contingent remainder or executory or other future interest held by the slayer or elder abuser, subject to become vested in him or increased in any way for him upon the condition of the death of the decedent or victim:

(1) If the interest would not have become vested or increased if he had predeceased the decedent or victim, he shall be deemed to have so predeceased the decedent or victim.

(2) In any case the interest shall not be vested or increased during the period of the life expectancy of the decedent or victim. (July 1, 2024, P.L.444, No.40, eff. 180 days)
20 Pa.C.S. § 5704 — PA Code / Title 20 / Chapter 57 / Section 5704
Notice to absentee.
Status: in_force

The court, if satisfied concerning the interest of the petitioner, shall cause to be advertised in a newspaper of general circulation in the county of the absentee's last known residence and in the legal journal, if any, designated by rule of court for publication of legal notices, once a week for four successive weeks or for such shorter period as the court may deem appropriate, and to be otherwise advertised as the court according to the circumstances of the case shall deem advisable, the fact of such application, together with notice that on a specified day, which shall be at least two weeks after the last appearance of any such advertisement, the court, or a master appointed by the court for that purpose, will hear evidence concerning the alleged absence, including the circumstances and duration thereof. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.) Cross References. Section 5704 is referred to in sections 5701, 5702, 5706 of this title.
20 Pa.C.S. § 5608 — PA Code / Title 20 / Chapter 56 / Section 5608
Acceptance of and reliance upon power of attorney.
Status: in_force

(a) Third party liability.--(Deleted by amendment).

(b) Third party immunity.--(Deleted by amendment).

(c) Genuineness.--A person who in good faith accepts a power of attorney without actual knowledge that a signature or mark of any of the following are not genuine may, without liability, rely upon the genuineness of the signature or mark of:

(1) The principal.

(2) A person who signed the power of attorney on behalf of the principal and at the direction of the principal.

(3) A witness.

(4) A notary public or other person authorized by law to take acknowledgments.

(d) Immunity.--A person who in good faith accepts a power of attorney without actual knowledge of any of the following may, without liability, rely upon the power of attorney as if the power of attorney and agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority that:

(1) The power of attorney is void, invalid or terminated.

(2) The purported agent's authority is void, invalid or terminated.

(3) The agent is exceeding or improperly exercising the agent's authority.

(e) Request for information.--A person who is asked to accept a power of attorney may request and, without liability, rely upon without further investigation:

(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or

power of attorney or an affidavit under section 5606 (relating to proof of continuance of powers of attorney by affidavit).

(2) An English translation of the power of attorney, if the power of attorney contains, in whole or in part, language other than English.

(3) An opinion of counsel relating to whether the agent is acting within the scope of the authority granted by the power of attorney if the person making the request provides in writing or other record the reason for the request.

(f) Additional request for information.--A person who has accepted a power of attorney, whether or not the person has a certification or an opinion of counsel under subsection (e) or an affidavit under section 5606, and has acted upon it by allowing the agent to exercise authority granted under the power of attorney, shall not be precluded from requesting at later times a certification or an opinion of counsel under this subsection, subsection (e) or an affidavit under section 5606 with regard to any further exercise of authority by the agent under the power of attorney.

(g) English translation.--An English translation or an opinion of counsel requested under this section shall be at the principal's expense, unless the request is made more than seven business days after the power of attorney or any revision or addition to a power of attorney:

(1) is presented for acceptance; or

(2) after being previously accepted by a person, is presented to exercise a power not previously exercised by the agent in a transaction with that person.

(h) Limitations.--Except as otherwise provided by law, nothing in this section shall in itself:

(1) validate a forged instrument conveying an interest in real property;

(2) provide that the recording of a forged instrument gives constructive notice of a conveyance of an interest in real property; or

(3) limit the liability of an insurer, indemnitor or guarantor of contractual obligations to indemnify, hold harmless or defend a person who accepts or relies upon a power of attorney. (Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; July 2, 2014, P.L.855, No.95, eff. imd.) 2014 Amendment. See section 9 of Act 95 in the appendix to this title for special provisions relating to application of law. 1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5608 is referred to in sections 5608.1, 5608.2 of this title.
20 Pa.C.S. § 7208 — PA Code / Title 20 / Chapter 72 / Section 7208
Life insurance.
Status: in_force

A trustee may acquire or retain a contract of life insurance upon the life of the settlor or the settlor's spouse, or both, without liability for a loss arising from the trustee's failure to:

(1) determine whether the contract is or remains a proper investment;

(2) investigate the financial strength of the life insurance company;

(3) exercise nonforfeiture provisions available under the contract; or

(4) diversify the contract. 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. § 6206 — PA Code / Title 20 / Chapter 62 / Section 6206
Bar to disclaimer.
Status: in_force

(a) Acceptance.--A disclaimer may be made at any time before acceptance. An acceptance may be express or may be inferred from actions of the person entitled to receive an interest in property such as the following:

(1) The taking of possession or accepting delivery of the property or interest.

(2) A written waiver of the right to disclaim.

(3) An assignment, conveyance, encumbrance, pledge or other transfer of the interest or a contract to do so.

(4) A representation that the interest has been or will be accepted to a person who relies thereon to his detriment.

(5) A sale of the interest under a judicial sale. To constitute a bar to a disclaimer, a prior acceptance must be affirmatively proved. The mere lapse of time, with or without knowledge of the interest on the part of the disclaimant, shall not constitute an acceptance.

(b) Partial acceptance within six months.--The acceptance of part of a single interest shall be considered as only a partial acceptance and will not be a bar to a subsequent disclaimer of any part or all of the balance of the interest if the part of the interest is accepted before the expiration of six months from:

(1) the death of the decedent in the case of an interest that would have devolved by will or intestacy; or

(2) the effective date of the transfer in the case of an interest that would have devolved by an inter vivos transfer or third-party beneficiary contract. In applying this subsection to an interest that would have devolved by reason of the exercise of a power of appointment, the person exercising the power shall be regarded as the decedent or the transferor, as the case may be.

(c) Partial acceptance after six months.--The acceptance of a part of a single interest after the expiration of such six-month period shall be considered an acceptance of the entire interest and a bar to any subsequent disclaimer thereof but shall not be an acceptance of any separate interest given under the same instrument. In construing this subsection:

(1) income for life or any other period shall be considered a single interest but separate from any interest in the principal or any additional interest in income to take effect upon the happening of a future event; and

(2) an interest in periodic payments to be made from principal or income, or both, for the life of the beneficiary or any other period shall be considered a single interest but separate from any additional payments to be made upon the happening of a future event. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 amended subsec. (b).
20 Pa.C.S. § 5912 — PA Code / Title 20 / Chapter 59 / Section 5912
Exclusive basis.
Status: in_force

Notwithstanding any inconsistent provisions of Chapter 55 (relating to incapacitated persons), this subchapter provides the exclusive jurisdictional basis for a court of this Commonwealth to appoint a guardian or issue a protective order for an adult.
20 Pa.C.S. § 5442 — PA Code / Title 20 / Chapter 54 / Section 5442
Execution.
Status: in_force

(a) Who may make.--An individual of sound mind may make a living will governing the initiation, continuation, withholding or withdrawal of life-sustaining treatment if the individual:

(1) is 18 years of age or older;

(2) has graduated from high school;

(3) has married; or

(4) is an emancipated minor.

(b) Requirements.--A living will shall be:

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

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

(c) Witnesses.--

(1) An individual who signs a living will on behalf of and at the direction of a principal may not witness the living will.

(2) A health care provider and its agent may not sign a living will on behalf of and at the direction of a principal if the health care provider or agent provides health care services to the principal.
20 Pa.C.S. § 2517 — PA Code / Title 20 / Chapter 25 / Section 2517
Rule in Shelley's case and doctrine of worthier title.
Status: in_force

(a) Rule in Shelley's case.--The rule in Shelley's case and its corollaries shall not be applied, and a devise or bequest directly or in trust which shall express an intent to create an estate for life with remainder to the life tenant's heirs or the heirs of his body or his issue or his next of kin or persons described by words of similar import shall not operate to give such life tenant an estate in fee in real estate or an absolute estate in personalty.

(b) Doctrine of worthier title.--The doctrine of worthier title shall not be applied as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives or family or language of similar import shall not create or presumptively create a reversionary interest in the transferor. (Dec. 1, 1994, P.L.655, No.102, eff. 60 days)