reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3132 - Manner of probate

§ 3132. Manner of probate.
All wills shall be proved by the oaths or affirmations of two competent witnesses and
(1) Will signed by testator.--
In the case of a will to which the testator signed his name, proof by subscribing witnesses, if there are such, shall be preferred to the extent that they are readily available, and proof of the signature of the testator shall be preferred to proof of the signature of a subscribing witness.
(2) Will signed by mark or by another.--
In the case of a will signed by mark or by another in behalf of the testator, the proof must be by subscribing witnesses, except to the extent that the register is satisfied that such proof cannot be adduced by the exercise of reasonable diligence. In that event other proof of the execution of the will, including proof of the subscribers' signatures, may be accepted, and proof of the signature of a witness who has subscribed to an attestation clause shall be prima facie proof that the facts recited in the attestation clause are true.
(3) Nuncupative will.--
(Repealed).
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Repeal.
Act 293 repealed par. (3).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3133 - Limit of time for probate

§ 3133. Limit of time for probate.
(a) Original probate.--
A will may be offered for probate at any time.
(b) Conclusiveness of original probate.--
The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in section 908 (relating to appeals), or the probate record shall have been amended as authorized by section 3138 (relating to later will or codicil).
(c) Effect upon grantee or lienholder.--
A will offered for original or subsequent probate more than one year after the testator's death shall be void against a bona fide grantee or holder of a lien on real estate of the testator if the conveyance or lien is entered of record before the will is offered for probate.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days)
1980 Amendment.
Act 118 amended subsec. (c).
1974 Amendment.
Act 293 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3134 - Nuncupative wills (Repealed)

§ 3134. Nuncupative wills (Repealed).
1974 Repeal.
Section 3134 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3135 - Wills in foreign language

§ 3135. Wills in foreign language.
A writing not in English shall not be filed for probate or for any other purpose in the office of the register unless there is attached to it and filed with it a translation into English, sworn to be correct. The register shall attach the translation to the original and shall file them in his office, and in all cases where a recording is now or hereafter may be required, both the original and the translation shall be recorded. A writing filed in violation of this section shall not constitute notice to any person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3136 - Wills probated outside the Commonwealth

§ 3136. Wills probated outside the Commonwealth.
A duly authenticated copy of a will proved outside of the Commonwealth according to the law of the place of probate may be offered for probate before any register having jurisdiction, and letters testamentary or of administration with a will annexed may be granted thereon as though the original will had been offered before such register. If, in addition to such copy, there shall be produced a duly authenticated copy of the record of the probate proceeding of the original instrument, the will shall be entitled to probate in this Commonwealth and appropriate letters shall be issued thereon without the production or examination of the witnesses to prove such will, unless the will was probated outside of the United States and the record shows or it is satisfactorily proved that an essential requirement of Pennsylvania law for a valid will has not been met. If the will was probated outside of the United States, the probate proceedings may be supplemented by the submission of additional evidence to the register.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3137 - Enforcing production of will

§ 3137. Enforcing production of will.
The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of a will of a decedent requiring him to show cause why it should not be deposited with him. In the absence of good cause shown, the register shall order the will to be deposited with him.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3138 - Later will or codicil

§ 3138. Later will or codicil.
If a later will or codicil is submitted to the register for probate within three months of the testator's death but after the register shall have probated an earlier instrument, the register, after such notice as he deems advisable, but with at least ten-days' notice to the petitioner who presented the probated instrument if he has not requested probate of the later will or codicil, shall have power to open the probate record, receive proof of the later instrument or instruments and amend his probate record.
Cross References.
Section 3138 is referred to in section 3133 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3151 - Proper county

§ 3151. Proper county.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3152 - When 21 years elapsed

§ 3152. When 21 years elapsed.
Letters testamentary or of administration shall not be granted after the expiration of 21 years from the decedent's death, except on the order of the court, upon cause shown.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3153 - Contents of petition

§ 3153. Contents of petition.
A petition for the grant of letters testamentary or of administration shall state, under oath, so far as they are known:
(1) The decedent's name, age, state or country of domicile, his last family or principal residence, and the place and day of his death.
(2) If the decedent died intestate, the name and residence address of the surviving spouse, if any, and the names, relationships and residence addresses of other heirs.
(3) If the decedent died testate, whether the will was modified by the occurrence of any of the circumstances delineated in section 2507 (relating to modification by circumstances).
(4) If the decedent was domiciled in the Commonwealth at the time of his death, the estimated value of all his personal property, and the estimated value and the location of his real property situated in the Commonwealth.
(5) If the decedent was not domiciled in the Commonwealth at the time of his death, the estimated value of his personal property in the Commonwealth, the estimated value of his personal property in the county in which the petition is filed, and the estimated value and location of his real property in the Commonwealth.
(6) The name and residence address of each person to whom letters are requested to be granted.
(7) Any other facts necessary to entitle the petitioner to letters.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days)
1980 Amendment.
Act 118 amended par. (1).
1974 Amendment.
Act 293 amended par. (3).
Cross References.
Section 3153 is referred to in section 3908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3154 - Affidavit and oath

§ 3154. Affidavit and oath.
(a) Fiduciary and witness.--
The affidavit to a petition for the grant of letters and the oath of the fiduciary relative to the performance of his duties and, except as provided in subsection (b), the oath of a witness relative to probate of a will shall be taken before and administered by:
(1) Within the Commonwealth.--
The register of any county of the Commonwealth.
(2) Outside of the Commonwealth.--
A public officer of another jurisdiction having duties similar to those of a register who has been authorized to do so by the register of the county where the application for letters is to be made.
(b) Subscribing witness.--
Unless there is a contest with respect to the validity of the will or unless the will is signed by mark or by another under section 2502(2) or (3) (relating to form and execution of a will), the oath of a subscribing witness relative to probate of a will may be taken before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of another state.
(July 14, 1988, P.L.553, No.99, eff. imd.)
Cross References.
Section 3154 is referred to in sections 911, 3908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3155 - Persons entitled

§ 3155. Persons entitled.
(a) Letters testamentary.--
Letters testamentary shall be granted by the register to the executor designated in the will, whether or not he has declined a trust under the will.
(b) Letters of administration.--
Letters of administration shall be granted by the register, in such form as the case shall require, to one or more of those hereinafter mentioned and, except for good cause, in the following order:
(1) Those entitled to the residuary estate under the will.
(2) The surviving spouse.
(3) Those entitled under the intestate law as the register, in his discretion, shall judge will best administer the estate, giving preference, however, according to the sizes of the shares of those in this class.
(4) The principal creditors of the decedent at the time of his death.
(5) Other fit persons.
(6) If anyone of the foregoing shall renounce his right to letters of administration, the register, in his discretion, may appoint a nominee of the person so renouncing in preference to the persons set forth in any succeeding paragraph.
(7) A guardianship support agency serving as guardian of an incapacitated person who dies during the guardianship administered pursuant to Subchapter F of Chapter 55 (relating to guardianship support).
(8) A redevelopment authority formed pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.
(c) Time limitation.--
Except with the consent of those enumerated in paragraphs (1), (2) and (3), no letters shall be issued to those enumerated in paragraph (4), (5) or (8) of subsection (b) until 30 days after the decedent's death.
(d) Death charges.--
Notwithstanding the provisions of subsections (a) and (b), the register shall not grant letters testamentary or letters of administration to any person 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.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Nov. 29, 2006, P.L.1536, No.171, eff. 60 days)
Cross References.
Section 3155 is referred to in sections 3181, 3182 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3156 - Persons not qualified

§ 3156. Persons not qualified.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3157 - Nonresidents

§ 3157. Nonresidents.
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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3158 - Letters of administration C.T.A

§ 3158. Letters of administration C.T.A.
When there is a will, but no executor qualifies, letters of administration cum testamento annexo may be granted to the person or persons entitled thereto.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A

§ 3159. Letters of administration D.B.N. or D.B.N.C.T.A.
When an entire vacancy occurs in the office of personal representative before administration is completed, the register, in a case of intestacy, shall grant letters of administration de bonis non, and in the case of testacy, letters de bonis non cum testamento annexo, to the person or persons entitled thereto.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite

§ 3160. Letters of administration durante minoritate, durante absentia, and pendente lite.
Whenever the circumstances of the case require, letters of administration durante minoritate, durante absentia, or pendente lite may be granted to any fit person or persons, after such notice, if any, as the register shall require.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3161 - Oath of personal representative

§ 3161. Oath of personal representative.
Before letters shall be granted to a personal representative by the register, the personal representative shall swear that he will well and truly administer the estate according to law. The oath of a corporate personal representative may be taken by any of its officers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3162 - Advertisement of grant of letters

§ 3162. Advertisement of grant of letters.
(a) Notice generally.--
The personal representative, immediately after the grant of letters, shall cause notice thereof to be given in one newspaper of general circulation published at or near the place where the decedent resided or, in the case of a nonresident decedent, at or near the place where the letters were granted, and in the legal periodical, if any, designated by rule of court for the publication of legal notices, once a week for three successive weeks, together with his name and address; and in every such notice, he shall request all persons having claims against the estate of the decedent to make known the same to him or his attorney, and all persons indebted to the decedent to make payment to him without delay.
(b) Proofs of advertisement to trustee.--
A personal representative who has advertised the grant of letters and received the notice required by section 7780.3(c) (relating to duty to inform and report) shall promptly send copies of the proofs of that advertisement to the trustee.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
Cross References.
Section 3162 is referred to in section 7755 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3163 - Submission to jurisdiction

§ 3163. Submission to jurisdiction.
(a) General rule.--
By accepting appointment by the register of wills, the personal representative submits personally to the jurisdiction of the orphans' court division of the county where letters testamentary or letters of administration are granted in all matters involving the performance of the personal representative's duties as personal representative, and an action by any interested party seeking an accounting by, or removal of, the personal representative, or alleging breach of duty by the personal representative, shall be commenced by notice to the personal representative.
(b) Criminal contempt.--
Notwithstanding subsection (a), no personal representative shall be held in criminal contempt of an order of the orphans' court division without the prior issuance of a citation and service of process.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
2016 Amendment.
Act 79 added section 3163.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3171 - Individual estate

§ 3171. Individual estate.
Except as hereinafter provided, before letters shall be granted to any personal representative, he shall execute and file a bond which shall be in the name of the Commonwealth, with sufficient surety, in such amount as the register considers necessary, having regard to the value of the personal estate which will come into the control of the personal representative, and conditioned in the following form:
(1) When one personal representative.--
The condition of this obligation is, that if the said personal representative shall well and truly administer the estate according to law, this obligation shall be void; but otherwise, it shall remain in force.
(2) When two or more personal representatives.--
The condition of this obligation is, that if the said personal representatives or any of them shall well and truly administer the estate according to law, this obligation shall be void as to the personal representative or representatives who shall so administer the estate; but otherwise, it shall remain in force.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3172 - Register's responsibility

§ 3172. Register's responsibility.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3173 - Fiduciary estate

§ 3173. Fiduciary estate.
The register, in his discretion, upon the application of any party in interest, in addition to any bond required for the decedent's individual estate, may require a separate bond in the name of the Commonwealth, with sufficient surety, in such amount as the register shall consider necessary for the protection of the parties in interest in an estate of which the decedent was a fiduciary, and conditioned in the following form:
(1) When one personal representative.--
The condition of this obligation is, that if the said personal representative shall well and truly account for property held by the decedent as fiduciary according to law, this obligation shall be void; but otherwise, it shall remain in force.
(2) When two or more personal representatives.--
The condition of this obligation is, that if the said personal representatives or any of them shall well and truly account for property held by the decedent as fiduciary according to law, this obligation shall be void as to the personal representative or representatives who shall so account; but otherwise, it shall remain in force.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3174 - When not required

§ 3174. When not required.
(a) Corporate personal representative.--
No bond shall be required of:
(1) A bank and trust company or of a trust company incorporated in this Commonwealth.
(2) A national bank having its principal office in this Commonwealth.
(3) A foreign corporate fiduciary or a national bank having its principal office out of this Commonwealth, otherwise qualified to act if the laws of the state in which it is incorporated or in which the national bank is located provide a similar exemption for corporations existing under the laws of this Commonwealth.
(b) Individual personal representative.--
Unless a bond is ordered by the court or is required by the will, if any, no bond shall be required of an individual personal representative who:
(1) Is named in the will as an original or successor personal representative and:
(i) is a resident of this Commonwealth;
(ii) has been excused from filing a bond by the express direction of the testator in his will; or
(iii) is not a resident of this Commonwealth but will serve with a resident co-personal representative of whom no bond is required if the petition for letters includes an averment that all assets will remain in the custody and control of the resident co-personal representative.
(2) Is not named in the will, if any, as an original or successor personal representative but is a resident of this Commonwealth and is either the sole residuary legatee or next of kin or is the nominee of all residuary legatees or next of kin who are adult and sui juris.
(July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3175 - Requiring or changing amount of bond

§ 3175. Requiring or changing amount of bond.
(a) By the court.--
The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond, or increase or decrease the amount of an existing bond, or require more or less security therefor.
(b) By the register.--
(1) If, after examining the inventory or inheritance tax return, the register determines that the register has required insufficient security, the register may direct the personal representative to post additional security.
(2) The personal representative shall post such additional security as the register may reasonably require.
(3) Subject to paragraph (4), in the event the personal representative fails or refuses to post the additional security, the register shall refer the matter to the court for appropriate enforcement.
(4) If the register requires additional security and the personal representative obtains a waiver from all parties in interest to the estate, the personal representative may elect to not post additional security, and the register shall be released and held harmless from any and all liability related to the personal representative's failure to post the security.
(5) A waiver under paragraph (4) must be signed on a form provided by the register subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and contain, at a minimum, all of the following information:
(i) The name and address of the beneficiary.
(ii) The name of the decedent.
(iii) The estate's file number.
(iv) The name and address of each personal representative.
(v) A list of distributions that have been made to beneficiaries to date.
(vi) The amount of additional security requested by the register.
(vii) An estimate by the administrator of the amount of time necessary to complete the administration of the estate from the date of the waiver.
(c) Construction.--
Nothing in this section may be construed as creating any liability of a register or the register's surety to any person for the register's failure to require additional security under this section.
(Oct. 24, 2018, P.L.722, No.113, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3181 - Revocation of letters

§ 3181. Revocation of letters.
(a) When no will.--
The register may revoke letters of administration granted by him whenever it appears that the person to whom the letters were granted is not entitled thereto.
(b) When a will.--
The register may amend or revoke letters testamentary or of administration granted by him not in conformity with the provisions of a will admitted to probate.
(c) Death charges.--
Whether or not a will has been submitted or admitted, the register may revoke letters testamentary or of administration when it appears that the person to whom the letters were granted has been charged with voluntary manslaughter or homicide, except homicide by vehicle, as set forth in sections 3155 (relating to persons entitled) and 3156 (relating to persons not qualified), provided that the revocation shall not occur on these grounds if and when the charge has been dismissed, withdrawn or terminated by a verdict of not guilty.
(Dec. 20, 2000, P.L.838, No.118, eff. 60 days)
2000 Amendment.
Act 118 added subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3182 - Grounds for removal

§ 3182. Grounds for removal.
The court shall have exclusive power to remove a personal representative when he:
(1) is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law; or
(2) (Deleted by amendment).
(3) has become incapacitated to discharge the duties of his office because of sickness or physical or mental incapacity and his incapacity is likely to continue to the injury of the estate; or
(4) has removed from the Commonwealth or has ceased to have a known place of residence therein, without furnishing such security or additional security as the court shall direct; or
(4.1) has been charged with voluntary manslaughter or homicide, except homicide by vehicle, as set forth in sections 3155 (relating to persons entitled) and 3156 (relating to persons not qualified), provided that the removal shall not occur on these grounds if the charge has been dismissed, withdrawn or terminated by a verdict of not guilty; or
(5) when, for any other reason, the interests of the estate are likely to be jeopardized by his continuance in office.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 20, 2000, P.L.838, No.118, eff. 60 days)
2000 Amendment.
Act 118 added par. (4.1).
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 3182 is referred to in sections 5131, 5515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3183 - Procedure for and effect of removal

§ 3183. Procedure for and effect of removal.
The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal representative to appear and show cause why he should not be removed, or, when necessary to protect the rights of creditors or parties in interest, may summarily remove him. Upon removal, the court may direct the grant of new letters testamentary or of administration by the register to the person entitled and may, by summary attachment of the person or other appropriate orders, provide for the security and delivery of the assets of the estate, together with all books, accounts and papers relating thereto. Any personal representative summarily removed under the provisions of this section may apply, by petition, to have the decree of removal vacated and to be reinstated, and, if the court shall vacate the decree of removal and reinstate him, it shall thereupon make any orders which may be appropriate to accomplish the reinstatement.
Cross References.
Section 3183 is referred to in sections 5131, 5515, 7766 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 31 - Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters › Section 3184 - Discharge of personal representative and surety

§ 3184. Discharge of personal representative and surety.
After confirmation of his final account and distribution to the parties entitled, a personal representative and his surety may be discharged by the court from future liability. The court may discharge only the surety from future liability, allowing the personal representative to continue without surety, upon condition that no further assets shall come into the control of the personal representative until he files another bond with sufficient surety, as required by the register.
Cross References.
Section 3184 is referred to in sections 5131, 5515, 7766, 7792 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3301 - Duty of personal representative

§ 3301. Duty of personal representative.
(a) General assets.--
Every personal representative shall file with the register a verified inventory of all real and personal estate of the decedent, except real estate outside of this Commonwealth. An ancillary personal representative shall include in the inventory only assets for which he is responsible.
(b) Real estate outside of Commonwealth.--
The inventory shall include at the end a memorandum of real estate outside of this Commonwealth. The memorandum, at the election of the personal representative, may indicate the value of each item of real estate included therein, but the values so fixed shall not be extended into the total of the inventory or included as real estate in subsequent accountings.
(c) Time for filing.--
The personal representative shall file his inventory no later than the date he files his account or the due date, including any extension, for the filing of the inheritance tax return for the estate, whichever is earlier. Any party in interest in the estate may request the filing of an inventory at an earlier date by writing delivered to the personal representative or his attorney in which event an inventory shall be filed within three months after the appointment of the personal representative or within 30 days after the request, whichever is later. The court may direct the personal representative to file an inventory of estate assets at any time.
(Oct. 12, 1984, P.L.929, No.182, eff. imd.; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
2010 Amendment.
Act 85 amended subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3303 - Supplemental inventory

§ 3303. Supplemental inventory.
Whenever any property not included in the inventory comes to the knowledge of the personal representative, he shall file, within 30 days of its discovery, a supplemental inventory thereof with the register.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3304 - Claims against personal representative

§ 3304. Claims against personal representative.
The appointment of a personal representative shall not operate as a discharge or bequest of any debt which he owes the decedent or of any claim which the decedent had against him, but any such debt or claim, if it survives, shall be included in the inventory.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3305 - Objections to inventory

§ 3305. Objections to inventory.
Objections to the inventory may be made by any party in interest at any time up to and including the time fixed by rule of court for making objections to the first account of the personal representative. Such objections in the discretion of the court may be heard at the audit of the account. Objections to the inventory also may be made in the form of objections to the account.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3311 - Possession of real and personal estate; exception

§ 3311. Possession of real and personal estate; exception.
(a) Personal representative.--
A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent, except real estate occupied at the time of death by an heir or devisee with the consent of the decedent. He shall collect the rents and income from each asset in his possession until it is sold or distributed, and, during the administration of the estate, shall have the right to maintain any action with respect to it and shall make all reasonable expenditures necessary to preserve it. The court may direct the personal representative to take possession of, administer and maintain real estate so occupied by an heir or a devisee if this is necessary to protect the rights of claimants or other parties. Nothing in this section shall affect the personal representative's power to sell real estate occupied by an heir or devisee.
(b) Redevelopment authority.--
A redevelopment authority granted letters of administration shall have the power to take, clear, combine or transfer title to real property of the estate as necessary to return such property to productive use and, upon payment of fair market value of the property in its current state, to the estate.
(Nov. 29, 2006, P.L.1536, No.171, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3312 - Renunciation of right to administer property

§ 3312. Renunciation of right to administer property.
When any property is of no value to the estate, the court may authorize the personal representative to renounce his right to administer it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3313 - Liability insurance

§ 3313. Liability insurance.
The personal representative, at the expense of the estate, may protect himself, his employees and the beneficiaries by insurance from liability to third persons arising from the administration of the estate.
Cross References.
Section 3313 is referred to in sections 5144, 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3314 - Continuation of business

§ 3314. Continuation of business.
Giving due regard to the provisions of the governing instrument and any other factor that the court deems relevant, and aided by the report of a master if necessary, the court may authorize the personal representative to continue any business of the estate for the benefit of the estate. The order may be with or without notice. If prior notice is not given to all parties in interest, it shall be given within five days after the order or within such extended time as the court, for cause shown, shall allow. Any party in interest may, at any time, petition the court to revoke or modify the order. The order may provide:
(1) for the conduct of business, by the personal representative alone or jointly with others, or, unless restricted by the terms of the governing instrument, as a corporation, partnership, limited liability company or other entity to be formed;
(2) the extent of the liability of the estate or any part thereof, or of the personal representative, for obligations incurred in the continuation of the business;
(3) whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole;
(4) the period of time the business may be conducted;
(4.1) for the compensation of a personal representative actively managing, supervising or engaging in the operation of an entity or business, from the estate's assets or from the entity or business, as appropriate, provided that the compensation is reasonably based upon the actual responsibilities assumed and performed; and
(5) such other regulations, including accountings, as the court shall deem advisable.
(July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017)
Cross References.
Section 3314 is referred to in sections 5144, 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3315 - Incorporation of or formation of entity to operate estate's business

§ 3315. Incorporation of or formation of entity to operate estate's business.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3316 - Investment of funds

§ 3316. Investment of funds.
Subject to his duty to liquidate the estate for prompt distribution and to the provisions of the will, if any, the personal representative may invest the funds of the estate but shall have no duty to do so. Any such investment, except as the court or the will may otherwise authorize or direct, shall be restricted to:
(1) obligations of the United States or the United States Treasury, of the Commonwealth, or of any political subdivision of the Commonwealth;
(2) an interest-bearing deposit in any bank, bank and trust company, savings bank or national banking association located within this Commonwealth if:
(i) the maturity date or the permissible date of withdrawal does not exceed one year from the date of the deposit or any renewal thereof; and
(ii) the deposits do not exceed the amount which is fully insured by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. §§ 264 and 1811 et seq.);
(3) savings accounts of any savings association incorporated under the laws of this Commonwealth, or of any Federal savings and loan association incorporated under the laws of the United States, if the withdrawal or repurchase value thereof is insured by the Federal Deposit Insurance Corporation pursuant to the Federal Deposit Insurance Act; and
(4) a money market mutual fund affiliated with a corporate personal representative.
The personal representative may also make temporary investments as authorized by section 7207 (relating to retention of cash; temporary investments) without regard to any investment restrictions imposed by the will.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.; June 25, 1999, P.L.212, No.28, eff. 6 months)
1999 Amendment.
See section 6(a) of Act 28 in the appendix to this title for special provisions relating to applicability.
1992 Amendment.
See section 27(b) of Act 152 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3316.1 - Set-aside

§ 3316.1. Set-aside.
A personal representative may, without court approval, set aside property in a separate fund prior to actual distribution, after which income earned on the separate fund and appreciation or depreciation of the property set-aside shall belong to the separate fund.
(Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
Act 39 added section 3316.1. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3317 - Claims against co-fiduciary

§ 3317. Claims against co-fiduciary.
When one of two or more personal representatives shall be individually liable to the estate, the other or others shall take any legal action against him necessary to protect the estate.
Cross References.
Section 3317 is referred to in sections 5144, 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 33 - Administration and Personal Representatives › Section 3318 - Revival of judgments against personal representative

§ 3318. Revival of judgments against personal representative.
When the estate holds a judgment which is a lien on the real estate of the personal representative, any party in interest may suggest his interest in the judgment upon the record thereof and bring an appropriate action to revive it and to continue its lien. Any judgment so revived shall remain for the use of all parties in interest.
Cross References.
Section 3318 is referred to in sections 5144, 5521 of this title.