reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3911 - Disclosure of digital assets held in trust when trustee is original user

§ 3911. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications.
Cross References.
Section 3911 is referred to in section 3916 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3912 - Disclosure of contents of electronic communications held in trust when trustee not original user

§ 3912. Disclosure of contents of electronic communications held in trust when trustee not original user.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3913 - Disclosure of other digital assets held in trust when trustee not original user

§ 3913. Disclosure of other digital assets held in trust when trustee not original user.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3914 - Disclosure of digital assets to guardian of the estate

§ 3914. Disclosure of digital assets to guardian of the estate.
(a) Access.--
After an opportunity for a hearing, the court may grant a guardian of the estate access to the digital assets of a protected person.
(b) Disclosure.--
Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian of the estate the catalog of electronic communications sent or received by the protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian of the estate gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the court order which gives the guardian of the estate authority over the digital assets of the protected person; and
(3) if requested by the custodian:
(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(ii) evidence linking the account to the protected person.
(c) Account activity.--
A guardian of the estate with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the court order giving the guardian of the estate authority over the protected person's property.
Cross References.
Section 3914 is referred to in section 3916 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3915 - Fiduciary duty and authority

§ 3915. Fiduciary duty and authority.
(a) Duties.--
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) Authority.--
A fiduciary's authority with respect to a digital asset of a user:
(1) except as otherwise provided in section 3904 (relating to user direction for disclosure of digital assets), is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) Access.--
A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset:
(1) in which the decedent, protected person, principal or settlor had a right or interest; and
(2) which is not held by a custodian or subject to a terms-of-service agreement.
(d) Authorized user.--
A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including 18 Pa.C.S. Ch. 76 (relating to computer offenses).
(e) Tangible personal property.--
A fiduciary with authority over the tangible personal property of a decedent, protected person, principal or settlor:
(1) has the right to access the property and any digital asset stored in the property; and
(2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including 18 Pa.C.S. Ch. 76.
(f) Disclosure by custodian.--
A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) Termination of account.--
A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and be accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user;
(2) a certified copy of the letters, court order, power of attorney or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user; or
(iii) a finding by the court that the user had a specific account with the custodian identifiable by the information specified in subparagraph (i).
Cross References.
Section 3915 is referred to in section 3916 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3916 - Custodian compliance and immunity

§ 3916. Custodian compliance and immunity.
(a) Requirement.--
Not later than 60 days after receipt of the information required under sections 3907 (relating to disclosure of content of electronic communications of deceased user), 3908 (relating to disclosure of other digital assets of deceased user), 3909 (relating to disclosure of content of electronic communications of principal), 3910 (relating to disclosure of other digital assets of principal), 3911 (relating to disclosure of digital assets held in trust when trustee is original user), 3912 (relating to disclosure of contents of electronic communications held in trust when trustee not original user), 3913 (relating to disclosure of other digital assets held in trust when trustee not original user), 3914 (relating to disclosure of digital assets to guardian of the estate) and 3915 (relating to fiduciary duty and authority), a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated representative may apply to the court for an order directing compliance.
(b) Court order.--
An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702 (relating to voluntary disclosure of customer communications or records).
(c) Notification.--
A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) Lawful access following termination request.--
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) Additional court orders.--
This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) Immunity.--
A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Cross References.
Section 3916 is referred to in section 3908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3917 - Uniformity of application and construction

§ 3917. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 39 - Uniform Fiduciary Access to Digital Assets › Section 3918 - Relation to Electronic Signatures in Global and National Commerce Act

§ 3918. Relation to Electronic Signatures in Global and National Commerce Act.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4101 - In general

§ 4101. In general.
A foreign fiduciary may institute proceedings in the Commonwealth, subject to the conditions and limitations imposed on nonresident suitors generally, and may exercise all the other powers of a similar local fiduciary, but a foreign personal representative shall have no such power when there is an administration in the Commonwealth. Except in the case of powers with respect to securities and bank accounts, for which special provision is made in section 4102 (relating to powers with respect to securities and bank accounts) the maintenance of a proceeding or the exercise of any other power by a foreign fiduciary shall be subject to the following additional conditions and limitations:
(1) Copy of appointment.--
The foreign fiduciary shall file with the register of the county where the power is to be exercised, or the proceeding is instituted, or the property concerning which the power is to be exercised is located, an exemplified copy of his appointment or other qualification in the foreign jurisdiction, together with an exemplified copy of the will or other instrument, if any, in pursuance of which he has been appointed or qualified. When he is an executor, administrator C.T.A., testamentary trustee, or testamentary guardian under a will of a decedent who either died prior to April 1, 1956, or whose will was probated outside of the United States, and wishes to exercise a power with respect to Pennsylvania real estate, the will must be admitted to probate in Pennsylvania as required by law.
(2) Affidavit.--
The foreign fiduciary shall execute and file an affidavit with the register of the county where the power is to be exercised or the proceeding is instituted or the property concerning which the power is to be exercised is located, 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 the Commonwealth, and that he will not exercise any power which he would not be permitted to exercise in the jurisdiction of his appointment. The affidavit shall be attached to the copy of appointment.
(3) Time limitation.--
When the foreign fiduciary is a personal representative or a trustee under the will of a nonresident decedent, he shall not exercise any of his powers within the Commonwealth for one month after the decedent's death.
(4) Taxes.--
When the foreign fiduciary exercises a power to sell or mortgage any Pennsylvania real estate, all taxes due thereon to the Commonwealth or to any subdivision thereof must be paid or provided for.
Cross References.
Section 4101 is referred to in sections 4102, 4104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4102 - Powers with respect to securities and bank accounts

§ 4102. Powers with respect to securities and bank accounts.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4103 - Service of process (Repealed)

§ 4103. Service of process (Repealed).
1978 Repeal.
Section 4103 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4104 - Proof of authority in court proceedings

§ 4104. Proof of authority in court proceedings.
Upon commencing any proceeding in any court of the Commonwealth, the foreign fiduciary, in addition to the requirements of section 4101 (relating to in general), shall file with the court in which the proceeding is commenced, an exemplified copy of his official bond, if he has given a bond. If the court believes that he should furnish security or additional security in the Commonwealth or in the domiciliary jurisdiction, it may, at any time, order the action or proceeding stayed until sufficient security is furnished.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4105 - Effect of local proceedings

§ 4105. Effect of local proceedings.
No person who, before receiving actual notice of local administration or of application therefor, has changed his position by relying on the powers granted to foreign fiduciaries by this chapter shall be prejudiced by reason of the application for or grant of local administration.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4111 - To foreign personal representative

§ 4111. To foreign personal representative.
When a share of an estate administered in the Commonwealth is distributable to a deceased nonresident creditor or other distributee, the court may award it to his domiciliary personal representative or to some other person performing the function of a personal representative, unless it shall appear that the rights of any resident of the Commonwealth may be adversely affected or the court shall determine that for any reason ancillary administration within the Commonwealth is advisable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4112 - To foreign trustee, guardian or committee

§ 4112. To foreign trustee, guardian or committee.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 41 - Foreign Fiduciaries › Section 4121 - Award to foreign guardian when minor or incapacitated person becomes a nonresident

§ 4121. Award to foreign guardian when minor or incapacitated person becomes a nonresident.
When the minor or incapacitated person for whose estate a guardian has been appointed by the court is or becomes a nonresident of the Commonwealth, the court, upon satisfactory proof that it will be for the best interests of the minor or incapacitated person and that no rights of a resident of the Commonwealth will be adversely affected and that removal of the property will not conflict with any limitations upon the right of the minor or incapacitated person to such property, may direct the locally appointed guardian to transfer the assets of the minor or incapacitated person within his control to a duly qualified guardian or guardians in the jurisdiction where the minor or incapacitated person resides.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Extra - Chapter Notes

Enactment.
Chapter 43 was added December 10, 1974, P.L.896, No.294, effective immediately.
Cross References.
Chapter 43 is referred to in section 7781 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4301 - Appointment of temporary fiduciary

§ 4301. Appointment of temporary fiduciary.
Whenever and for so long as any fiduciary is in military service, in other government service, in a position of conflicting interest or in any situation where his functioning as a fiduciary for a temporary period may not be in the best interests of the estate, the court having jurisdiction over such fiduciary shall have the power in its discretion:
(1) to authorize the cofiduciary or cofiduciaries, if any, to exercise all or specified powers of the incapacitated fiduciary, whether discretionary or ministerial; or
(2) to appoint a substituted fiduciary pro tem to act in place of the incapacitated fiduciary and to authorize the substituted fiduciary pro tem to exercise all or specified powers and discretion of the incapacitated fiduciary.
Cross References.
Section 4301 is referred to in sections 4302, 4303, 4304, 4305, 4306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4302 - Petition for relief; joinder of parties; notice

§ 4302. Petition for relief; joinder of parties; notice.
The relief authorized by section 4301 (relating to appointment of temporary fiduciary) may be granted upon petition of any party in interest, including the fiduciary himself or any cofiduciary. It shall not be necessary to secure the joinder of any other party in interest in such petition, but notice of the presentation of the petition shall be given in such manner as the court may direct by general rule or special order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4303 - Security by substituted fiduciaries; duties and responsibilities

§ 4303. Security by substituted fiduciaries; duties and responsibilities.
Any substituted fiduciary pro tem appointed under the provisions of section 4301 (relating to appointment of temporary fiduciary) shall enter such security, if any, as the court may direct and shall receive such compensation as the court may allow. Such substituted fiduciary pro tem shall be subject to such duties and responsibilities with respect to accounting, and otherwise, during the period that he holds office as the court shall direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4304 - Duration of decree; impeachment of acts

§ 4304. Duration of decree; impeachment of acts.
Any decree entered pursuant to the provisions of section 4301 (relating to appointment of temporary fiduciary) shall remain in force for the period specified in the court's original order or until revoked by the court upon petition and no act done by any substituted fiduciary pro tem or cofiduciary or cofiduciaries while such decree is in force shall be impeached on the ground that fiduciary temporarily removed was not acting.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4305 - Fiduciaries temporarily relieved of duties and liabilities

§ 4305. Fiduciaries temporarily relieved of duties and liabilities.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 43 - Temporary Fiduciaries › Section 4306 - Power to control, remove, discharge and settle accounts

§ 4306. Power to control, remove, discharge and settle accounts.
The court appointing a substituted fiduciary pro tem under the provisions of section 4301 (relating to appointment of temporary fiduciary) shall have the same powers of control, removal, discharge and settlement of the accounts of such substituted fiduciary as are conferred upon it by existing law with respect to other fiduciaries.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4501 - Agreement concerning deposit of assets

§ 4501. Agreement concerning deposit of assets.
A fiduciary may agree with his surety for the deposit of any or all moneys or other assets of the estate with a bank or bank and trust company or other depository approved by the court, if such deposit is otherwise proper, on such terms as to prevent the withdrawal of such moneys or other assets without the written consent of the surety, or on order of the court made on such notice to the surety as the court may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4502 - Notice

§ 4502. Notice.
Except as otherwise provided by contract, the surety of every fiduciary shall be entitled to written notice by the fiduciary of all accountings and of other court proceedings in which the fiduciary is a party. The fiduciary's failure to give notice hereby required shall not affect the rights or remedies of claimants and other parties in interest against the surety.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4503 - Participation in administration

§ 4503. Participation in administration.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4504 - Information from fiduciary; accounting

§ 4504. Information from fiduciary; accounting.
Upon the application of his surety, every fiduciary shall make available to him his complete files and records relating to the administration of the estate. The surety shall have the same right as a party in interest to enforce the filing of a court accounting and the performance of any duty of the fiduciary's office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4505 - Release of surety before discharge of fiduciary

§ 4505. Release of surety before discharge of fiduciary.
For good cause, the court, upon the petition of any surety of a fiduciary, may order the surety's release and require the fiduciary to procure a new surety. In such case, the original surety shall remain liable for all breaches of the obligation of the bond occurring prior to the execution of the bond by the new surety and his approval by the court, but not for breaches thereafter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4521 - Suits on bonds

§ 4521. Suits on bonds.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 45 - Sureties › Section 4522 - Service of process on nonresident surety (Repealed)

§ 4522. Service of process on nonresident surety (Repealed).
1978 Repeal.
Section 4522 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5101 - When guardian unnecessary

§ 5101. When guardian unnecessary.
When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances:
(1) Award from decedent's estate or trust.--
When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct.
(2) Interest in real estate.--
When the court having jurisdiction to direct the sale or mortgage of real estate in which the minor has an interest shall so direct as to the minor's interest in the real estate.
(3) Other circumstances.--
In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
Cross References.
Section 5101 is referred to in sections 5102, 5505 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5102 - Power of natural guardian

§ 5102. Power of natural guardian.
The court may authorize or direct the parent, person, or institution maintaining the minor to execute as natural guardian, any receipt, deed, mortgage, or other appropriate instrument necessary to carry out a decree entered under section 5101 (relating to when guardian unnecessary) and, in such event, may require the deposit of money in a savings account or the care of securities in any manner considered by the court to be for the best interests of the minor. The decree so made, except as the court shall expressly provide otherwise, shall constitute sufficient authority to all transfer agents, registrars and others dealing with property of the minor to recognize the persons named therein as entitled to receive the property, and shall in all respects have the same force and effect as an instrument executed by a duly appointed guardian under court decree.
Cross References.
Section 5102 is referred to in section 5505 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5103 - Sequestered deposit

§ 5103. Sequestered deposit.
Without the appointment of a guardian, any amount in cash of a resident or nonresident minor may be ordered by the court to be deposited in one or more savings accounts in the name of the minor in banks, building and loan associations or savings and loan associations insured by a Federal governmental agency, provided that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are thus insured. Every such order shall contain a provision that no withdrawal can be made from any such account until the minor attains his majority, except as authorized by a prior order of the court.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment.
Act 293 added section 5103.
Cross References.
Section 5103 is referred to in section 5505 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5111 - County of appointment

§ 5111. County of appointment.
(a) Resident minor.--
A guardian of the person or of the estate of a minor may be appointed by the court of the county in which the minor resides.
(b) Nonresident minor.--
A guardian of the estate within the Commonwealth of a minor residing outside the Commonwealth may be appointed by the court of the county having jurisdiction of a decedent's estate or of a trust from which the minor's estate is derived. When the nonresident minor's estate is derived otherwise than from a decedent's estate or a trust, a guardian may be appointed by the court of any county where an asset of the minor's estate is located.
(c) Exclusiveness of appointment.--
When a court has appointed a guardian of a minor's estate pursuant to subsections (a) or (b), no other court shall appoint a similar guardian for the minor within the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5112 - Persons not qualified to be appointed by the court

§ 5112. Persons not qualified to be appointed by the court.
The court shall not appoint as guardian of the estate of a minor any person who is:
(1) Under 18 years of age.
(2) A corporation not authorized to act as fiduciary in the Commonwealth.
(3) A parent of the minor, except that a parent may be appointed a co-guardian with another fiduciary or fiduciaries.
(Dec. 6, 1972, P.L.1461, No.331)
1972 Amendment.
Act 331 amended par. (1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5113 - Persons preferred in appointment

§ 5113. Persons preferred in appointment.
A person of the same religious persuasion as the parents of the minor shall be preferred as guardian of his person. A person nominated by a minor over the age of 14, if found by the court to be qualified and suitable, shall be preferred as guardian of his person or estate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5114 - Service of process on nonresident guardian (Repealed)

§ 5114. Service of process on nonresident guardian (Repealed).
1978 Repeal.
Section 5114 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5115 - Appointment of guardian in conveyance

§ 5115. Appointment of guardian in conveyance.
Any person, who makes a deed or gift inter vivos or exercises a right under an insurance or annuity policy to designate the beneficiary to receive the proceeds of such policy, may in such deed or in the instrument creating such gift or designating such beneficiary, appoint a guardian of the estate or interest of each beneficiary named therein who shall be a minor or otherwise incapacitated. Payment by an insurance company to the guardian of such beneficiary so appointed shall discharge the insurance company to the extent of such payment to the same effect as payment to an otherwise duly appointed and qualified guardian.
(Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5115 is referred to in section 5515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5116 - Orphan beneficiaries, charitable uses or trusts; administration, cities of first class

§ 5116. Orphan beneficiaries, charitable uses or trusts; administration, cities of first class.
Whenever any city of the first class of this Commonwealth shall be charged with the administration of any charitable use or trust for both the maintenance and education of orphans, it shall, without application to any court, act as guardian of the person and estate of each of such orphans, through the same agency that administers the charitable use or trust. In case any such orphan child, at or before the time said city is charged with the administration of such a charitable use or trust, or during the remaining time it acts as guardian of his estate, shall possess or become entitled to any effects or property, the said city shall be entitled, in like manner as other guardians, to demand and receive the same from any person having possession thereof, or owning the same, and to give acquittance therefor; and it shall be the duty of the said city to take care of the same as guardians, and to make the same productive as far as reasonably can be, and to deliver and pay over the same with the increase, less expenditures made in the exercise of a reasonable discretion, to the said orphan, on his attaining the age of 18 years, or to his legal representatives if he shall die before attaining that age.
(Apr. 28, 1978, P.L.77, No.37, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5121 - Necessity, form and amount

§ 5121. Necessity, form and amount.
Except as hereinafter provided, every guardian of the estate of a minor shall execute and file a bond which shall be in the name of the Commonwealth, with sufficient surety, in such amount as the court considers necessary, having regard to the value of the personal estate which will come into the control of the guardian, and conditioned in the following form:
(1) When one guardian.--
The condition of this obligation is, that if the said guardian shall well and truly administer the estate according to law, this obligation shall be void; but otherwise, it shall remain in force.
(2) When two or more guardians.--
The condition of this obligation is, that if the said guardians or any of them shall well and truly administer the estate according to law, this obligation shall be void as to the guardian or guardians who shall so administer the estate; but otherwise, it shall remain in force.
Cross References.
Section 5121 is referred to in section 5515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5122 - When bond not required

§ 5122. When bond not required.
(a) Guardian named in conveyance.--
No bond shall be required of a guardian appointed by or in accordance with the terms of a will, inter vivos instrument, or insurance contract as to the property acquired under the authority of such appointment, unless it is required by the conveyance, or unless the court, for cause shown, deems it advisable.
(b) Corporate guardian.--
No bond shall be required of a bank and trust company or of a trust company incorporated in the Commonwealth, or of a national bank having its principal office in the Commonwealth, unless the court, for cause shown, deems it advisable.
(c) Nonresident corporation.--
A nonresident corporation or a national bank having its principal office out of the Commonwealth, otherwise qualified to act as guardian, in the discretion of the court, may be excused from giving bond.
(d) Other cases.--
In all other cases, the court may dispense with the requirement of a bond when, for cause shown, it finds that no bond is necessary.
Cross References.
Section 5122 is referred to in section 5515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5123 - Requiring or changing amount of bond

§ 5123. Requiring or changing amount of bond.
The court, for cause shown, and after such notice, if any, as it shall direct, may require a surety bond, or increase or decrease the amount of an existing bond, or require more or less security therefor.
Cross References.
Section 5123 is referred to in section 5515 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5131 - Grounds and procedure

§ 5131. Grounds and procedure.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5141 - Possession of real and personal property

§ 5141. Possession of real and personal property.
The guardian of the estate of a minor appointed by the court until it is distributed or sold shall have the right to, and shall take possession of, maintain and administer, each real and personal asset of the minor to which his appointment extends, collect the rents and income from it, and make all reasonable expenditures necessary to preserve it. He shall also have the right to maintain any action with respect to such real or personal property of the minor.
Cross References.
Section 5141 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5142 - Inventory

§ 5142. Inventory.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5143 - Abandonment of property

§ 5143. Abandonment of property.
When any property is so burdensome or is so encumbered or is in such condition that it is of no value to the estate, the guardian may abandon it. When such property cannot be abandoned without transfer of title to another or without a formal renunciation, the court may authorize the guardian to transfer or renounce it without consideration if it shall find that this will be for the best interests of the estate.
Cross References.
Section 5143 is referred to in section 5521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5144 - Powers, duties and liabilities identical with personal representatives

§ 5144. Powers, duties and liabilities identical with personal representatives.
The provisions concerning the powers, duties and liabilities of a guardian appointed by the court shall be the same as those set forth in the following provisions of this title for the administration of a decedent's estate:
Section 3313 (relating to liability insurance).
Section 3314 (relating to continuation of business).
Section 3315 (relating to incorporation of estate's business).
Section 3317 (relating to claims against co-fiduciary).
Section 3318 (relating to revival of judgments against personal representative).
Section 3319 (relating to power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations).
Section 3320 (relating to voting stock by proxy).
Section 3321 (relating to nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities).
Section 3322 (relating to acceptance of deed in lieu of foreclosure).
Section 3323 (relating to compromise of controversies).
Section 3324 (relating to death or incapacity of fiduciary).
Section 3327 (relating to surviving or remaining personal representatives).
Section 3328 (relating to disagreement of personal representatives).
Section 3331 (relating to liability of personal representatives on contracts).
Section 3332 (relating to inherent powers and duties).
(Feb. 18, 1982, P.L.45, No.26, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)
1999 Amendment.
See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.
1992 Amendment.
See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 51 - Minors › Section 5145 - Investments

§ 5145. Investments.
Subject only to the provisions of a governing instrument, if any, a guardian may accept, hold, invest in and retain investments as provided by Chapter 72 (relating to prudent investor rule).
(June 25, 1999, P.L.212, No.28, eff. 6 months)
1999 Amendment.
See section 6(a) of Act 28 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5145 is referred to in section 5521 of this title.