reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2102 - Share of surviving spouse

§ 2102. Share of surviving spouse.
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.
(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230).
(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.
(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days; Oct. 3, 2003, P.L.175, No.26, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2103 - Shares of others than surviving spouse

§ 2103. Shares of others than surviving spouse.
The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:
(1) Issue.--
To the issue of the decedent.
(2) Parents.--
If no issue survives the decedent, then to the parents or parent of the decedent.
(3) Brothers, sisters, or their issue.--
If no parent survives the decedent, then to the issue of each of the decedent's parents.
(4) Grandparents.--
If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side.
(5) Uncles, aunts and their children, and grandchildren.--
If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees).
(6) Commonwealth.--
In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days)
Cross References.
Section 2103 is referred to in sections 2104, 3546 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2105 - Spouse's rights

§ 2105. Spouse's rights.
(a) Widow.--
The share of the estate to which a widow is entitled under this title shall be in lieu and full satisfaction of her dower at common law.
(b) Surviving husband.--
The share of the estate to which a surviving husband is entitled under this title shall be in lieu and full satisfaction of his curtesy at common law.
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2106 - Forfeiture

§ 2106. Forfeiture.
(a) Spouse's share.--
(1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.
(2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:
(i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;
(ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and
(iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g).
(b) Parent's share.--
Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has:
(1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or
(2) been convicted of one of the following offenses under Title 18:
section 4303 (relating to concealing death of child);
section 4304 (relating to endangering welfare of children);
section 6312 (relating to sexual abuse of children);
or an equivalent crime under Federal law or the law of
another state involving his or her child;
shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child.
(c) Slayer's share.--
Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers).
(d) Surviving spouse as witness.--
The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Mar. 7, 1984, P.L.103, No.21, eff. imd.; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
2010 Amendment.
Act 85 amended subsec. (a).
2000 Amendment.
Act 118 amended subsec. (b).
1976 Amendment.
Act 135 amended subsec. (a) and deleted subsec. (b).
1974 Amendment.
Act 293 amended subsec. (c).
Cross References.
Section 2106 is referred to in section 2208 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2107 - Persons born out of wedlock

§ 2107. Persons born out of wedlock.
(a) Child of mother.--
For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his mother.
(b) Marriage of parents.--
(Deleted by amendment).
(c) Child of father.--
For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his father when the identity of the father has been determined in any one of the following ways:
(1) If the parents of a child born out of wedlock shall have married each other.
(2) If during the lifetime of the child, the father openly holds out the child to be his and receives the child into his home, or openly holds the child out to be his and provides support for the child which shall be determined by clear and convincing evidence.
(3) If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity.
(Nov. 26, 1978, P.L.1269, No.303, eff. imd.)
Cross References.
Section 2107 is referred to in sections 2514, 6114 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2108 - Adopted person

§ 2108. Adopted person.
For purposes of inheritance by, from and through an adopted person he shall be considered the issue of his adopting parent or parents. An adopted person shall not be considered as continuing to be the child or issue of his natural parents except in distributing the estate of a natural kin, other than the natural parent, who has maintained a family relationship with the adopted person. If a natural parent shall have married the adopting parent, the adopted person for purposes of inheritance by, from and through him shall also be considered the issue of such natural parent.
(July 9, 1976, P.L.551, No.135, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2109 - Advancements (Repealed)

§ 2109. Advancements (Repealed).
1976 Repeal.
Section 2109 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2109.1 - Advancements

§ 2109.1. Advancements.
If a person dies intestate as to all or any part of his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue unless the declaration or acknowledgment so provides.
(July 9, 1976, P.L.551, No.135, eff. imd.)
1976 Amendment.
Act 135 added section 2109.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2110 - Spouse's allowance; procedure

§ 2110. Spouse's allowance; procedure.
The allowance shall be set aside and awarded in distribution to the surviving spouse, or his successor in interest, in the same manner as other distributive shares of the estate are awarded, without any right in the surviving spouse to choose particular real or personal property in satisfaction thereof. Nothing herein shall be construed as limiting the right of the surviving spouse and other distributees to demand that property, not theretofore sold, be distributed in kind to them.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2111 - Procedure to establish title to real property when spouse claims entire estate (Repealed)

§ 2111. Procedure to establish title to real property when spouse claims entire estate (Repealed).
1978 Repeal.
Section 2111 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2112 - Property distributable to the Commonwealth (Repealed)

§ 2112. Property distributable to the Commonwealth (Repealed).
1976 Repeal.
Section 2112 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2113 - Limitations of claims (Repealed)

§ 2113. Limitations of claims (Repealed).
1976 Repeal.
Section 2113 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 21 - Intestate Succession › Section 2114 - Personal estate of nonresident (Repealed)

§ 2114. Personal estate of nonresident (Repealed).
1976 Repeal.
Section 2114 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Extra - Chapter Notes

Enactment.
Chapter 22 was added April 18, 1978, P.L.42, No.23, effective in 60 days.
Cross References.
Chapter 22 is referred to in section 3702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2201 - Definition of conveyance

§ 2201. Definition of conveyance.
As used in this chapter, unless the context clearly indicates otherwise, "conveyance" means an act by which it is intended to create an interest in real or personal property whether the act is intended to have inter vivos or testamentary operation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2202 - Right of election; nonresident decedent

§ 2202. Right of election; nonresident decedent.
When a married person not domiciled in this Commonwealth dies, the rights, if any, of his surviving spouse to an elective share in property in this Commonwealth are governed by the laws of the decedent's domicile at death, but the rights of the electing spouse shall be subject to the rights of fiduciaries, custodians and obligors within this Commonwealth and transferees for value of and holders of liens for value on real estate or tangible personal property located in this Commonwealth under section 2211 (relating to determination of effect of election; enforcement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2205 - Transfers for value excluded

§ 2205. Transfers for value excluded.
Conveyances and contracts made by the decedent are excluded from the provisions of section 2203 (relating to right of election; resident decedent) and section 2204 (relating to disclaimers, releases and charges against elective share), to the extent that the decedent received adequate consideration therefor in money or money's worth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2206 - Right of election personal to surviving spouse

§ 2206. Right of election personal to surviving spouse.
The right of election of the surviving spouse may be exercised in whole or in part only during his lifetime by him or by his agent in accordance with section 5603(d) (relating to implementation of power of attorney). In the case of a minor spouse, the right of election may be exercised in whole or in part only by the spouse's guardian; in the case of an incapacitated spouse, the right of election may be exercised in whole or in part only by the spouse's guardian or by his agent in accordance with section 5603(d) if the power of attorney qualifies as a durable power of attorney under section 5604 (relating to durable powers of attorney); provided, that, in each case, the election shall be exercised only upon order of the court having jurisdiction of the minor's or the incapacitated person's estate, after finding that exercise of the right is advisable.
(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.
Cross References.
Section 2206 is referred to in section 5603 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2207 - Waiver of right to elect

§ 2207. Waiver of right to elect.
The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage or before or after the death of the decedent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2208 - Forfeiture of right of election

§ 2208. Forfeiture of right of election.
A surviving spouse who under the provisions of section 2106 (relating to forfeiture) would not be entitled to a share of the decedent's estate had he died intestate shall have no right of election.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2209 - Surviving spouse as witness

§ 2209. Surviving spouse as witness.
A person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under this chapter other than the creation of his status as the surviving spouse.
(Feb. 18, 1982, P.L.45, No.26, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 22 - Elective Share of Surviving Spouse › Section 2210 - Procedure for election; time limit

§ 2210. Procedure for election; time limit.
(a) How election made.--
A surviving spouse's election to take or not to take his elective share shall be by a writing signed by him and filed with the clerk of the orphans' court division of the county where the decedent died domiciled. Notice of the election shall be given to the decedent's personal representative, if any.
(b) Time limit.--
The election must be filed with the clerk before the expiration of six months after the decedent's death or before the expiration of six months after the date of probate, whichever is later. The court may extend the time for election for such period and upon such terms and conditions as the court shall deem proper under the circumstances on application of the surviving spouse filed with the clerk within the foregoing time limit. Failure to file an election in the manner and within the time limit set forth in this section shall be deemed a waiver of the right of election.
(c) Costs.--
The costs of filing and recording the election shall be reimbursed out of the estate as a part of the administration expenses.
(Feb. 18, 1982, P.L.45, No.26, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Extra - Chapter Notes

Enactment.
Chapter 25 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Cross References.
Chapter 25 is referred to in section 6306 of this title; section 5603 of Title 23
            (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2501 - Who may make a will

§ 2501. Who may make a will.
Any person 18 or more years of age who is of sound mind may make a will.
(Dec. 6, 1972, P.L.1461, No.331; Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2502 - Form and execution of a will

§ 2502. Form and execution of a will.
Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:
(1) Words following signature.--
The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.
(2) Signature by mark.--
If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto: Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.
(3) Signature by another.--
If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
1994 Amendment.
Act 102 amended the intro. par. and par. (2).
Cross References.
Section 2502 is referred to in sections 2504.1, 3132.1, 3154 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2503 - Nuncupative wills (Repealed)

§ 2503. Nuncupative wills (Repealed).
1974 Repeal.
Section 2503 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2504 - Witnesses (Repealed)

§ 2504. Witnesses (Repealed).
1974 Repeal.
Section 2504 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2504.1 - Validity of execution

§ 2504.1. Validity of execution.
A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
1974 Amendment.
Act 293 added section 2504.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2505 - Revocation of a will

§ 2505. Revocation of a will.
No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than:
(1) Will or codicil.--
By some other will or codicil in writing;
(2) Other writing.--
By some other writing declaring the same, executed and proved in the manner required of wills; or
(3) Act to the document.--
By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revocation, by the testator himself or by another person in his presence and by his express direction. If such act is done by any person other than the testator, the direction of the testator must be proved by the oaths or affirmations of two competent witnesses.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2506 - Revival of revoked or invalid will

§ 2506. Revival of revoked or invalid will.
If, after the making of any will, the testator shall execute a later will which expressly or by necessary implication revokes the earlier will, the revocation of the later will shall not revive the earlier will, unless the revocation is in writing and declares the intention of the testator to revive the earlier will, or unless, after such revocation, the earlier will shall be reexecuted. Oral republication of itself shall be ineffective to revive a will.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2507 - Modification by circumstances

§ 2507. Modification by circumstances.
Wills shall be modified upon the occurrence of any of the following circumstances, among others:
(1) Death within 30 days; religious and charitable gifts.--
(Repealed).
(2) Divorce or pending divorce.--
Any provision in a testator's will in favor of or relating to the testator's spouse shall become ineffective for all purposes unless it appears from the will that the provision was intended to survive a divorce, if the testator:
(i) is divorced from such spouse after making the will; or
(ii) dies domiciled in this Commonwealth during the course of divorce proceedings, no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court) and grounds have been established as provided in 23 Pa.C.S. § 3323(g).
(3) Marriage.--
If the testator marries after making a will, the surviving spouse shall receive the share of the estate to which he would have been entitled had the testator died intestate, unless the will shall give him a greater share or unless it appears from the will that the will was made in contemplation of marriage to the surviving spouse.
(4) Birth or adoption.--
If the testator fails to provide in his will for his child born or adopted after making his will, unless it appears from the will that the failure was intentional, such child shall receive out of the testator's property not passing to a surviving spouse, such share as he would have received if the testator had died unmarried and intestate owning only that portion of his estate not passing to a surviving spouse.
(5) Slaying.--
Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of the willful and unlawful killing but such property or benefits shall be distributed as provided by Chapter 88 (relating to slayers).
(July 9, 1976, P.L.551, No.135, eff. imd.; Dec. 16, 1992, P.L.1163, No.152, eff. imd.; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)
2010 Amendment.
Act 85 amended par. (2).
1992 Amendment.
Act 152 amended pars. (2) and (3).
1976 Repeal.
Act 135 repealed par. (1).
Cross References.
Section 2507 is referred to in section 3153 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2508 - Change by election of surviving spouse (Repealed)

§ 2508. Change by election of surviving spouse (Repealed).
1978 Repeal.
Section 2508 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2509 - Forfeiture of right of election (Repealed)

§ 2509. Forfeiture of right of election (Repealed).
1978 Repeal.
Section 2509 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2510 - How election made (Repealed)

§ 2510. How election made (Repealed).
1978 Repeal.
Section 2510 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2511 - Time for making election (Repealed)

§ 2511. Time for making election (Repealed).
1978 Repeal.
Section 2511 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2512 - Failure to make an election (Repealed)

§ 2512. Failure to make an election (Repealed).
1978 Repeal.
Section 2512 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2513 - Grantee or lienholder (Repealed)

§ 2513. Grantee or lienholder (Repealed).
1978 Repeal.
Section 2513 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2515 - Devise or bequest to trust

§ 2515. Devise or bequest to trust.
A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the testator or any other person before, concurrently with or after the execution of the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after execution of the will. Unless the will provides otherwise, the property so devised or bequeathed shall not be deemed held under a testamentary trust of the testator but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the provisions of the instrument establishing that trust and any amendment thereof. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest unless the will directs otherwise.
(Dec. 16, 1992, P.L.1163, No.152, eff. imd.)
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 25 - Wills › Section 2516 - Devise in fee tail abolished

§ 2516. Devise in fee tail abolished.
Whenever by any devise an estate in fee tail would be created according to the common law of the Commonwealth, it shall pass an estate in fee simple, and as such shall be inheritable and freely alienable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2517 - Rule in Shelley's case and doctrine of worthier title

§ 2517. Rule in Shelley's case and doctrine of worthier title.
(a) Rule in Shelley's case.--
The rule in Shelley's case and its corollaries shall not be applied, and a devise or bequest directly or in trust which shall express an intent to create an estate for life with remainder to the life tenant's heirs or the heirs of his body or his issue or his next of kin or persons described by words of similar import shall not operate to give such life tenant an estate in fee in real estate or an absolute estate in personalty.
(b) Doctrine of worthier title.--
The doctrine of worthier title shall not be applied as a rule of law or as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives or family or language of similar import shall not create or presumptively create a reversionary interest in the transferor.
(Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2519 - Testamentary guardian

§ 2519. Testamentary guardian.
(a) Guardian of the person.--
A person competent to make a will, being the sole surviving parent or adopting parent of any unmarried minor child, may appoint a testamentary guardian of the person of such child during his minority, or for any shorter period except that no parent who, for one year or upwards previous to his death, shall have willfully neglected or refused to provide for his child, or who, for a like period, shall have deserted the child or willfully failed to perform parental duties, shall have the right to appoint a testamentary guardian of the person of such child.
(b) Guardian of the estate.--
Any person may by will appoint a guardian of real or personal property passing to a minor upon his death, when such property:
(1) Is devised, bequeathed or appointed to the minor in that person's will or descends from that person to the minor by intestacy.
(2) Is the proceeds of an insurance or annuity contract on the testator's life, unless the owner of the contract has made an inter vivos designation of a guardian therefor.
(3) Arises from an inter vivos transfer, the major portion of which constituted a gift from the testator, unless the testator has made an inter vivos designation of a guardian therefor.
(4) Is a cause of action arising by reason of the testator's death.
(5) Is a pension or death benefit from an employer of the testator or a society or organization of which the testator was a member.
(6) Is a tentative trust of which the testator was the settlor.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)
1978 Amendment.
Act 173 amended subsec. (a).
Cross References.
Section 2519 is referred to in section 5615 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2520 - Personal estate of nonresident (Repealed)

§ 2520. Personal estate of nonresident (Repealed).
1976 Repeal.
Section 2520 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 25 - Wills › Section 2521 - Penalty clause for contest

§ 2521. Penalty clause for contest.
A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings.
(Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
1994 Amendment.
Act 102 added section 2521.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 27 - Contractual Arrangements Relating to Succession › Section 2701 - Contracts concerning succession

§ 2701. Contracts concerning succession.
(a) Establishment of contract.--
A contract to die intestate or to make or not to revoke a will or testamentary provision or an obligation dischargeable only at or after death can be established in support of a claim against the estate of a decedent only by:
(1) provisions of a will of the decedent stating material provisions of the contract;
(2) an express reference in a will of the decedent to a contract and extrinsic evidence proving the terms of the contract; or
(3) a writing signed by the decedent evidencing the contract.
(b) Joint will or mutual wills.--
The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 28 - Formula Clauses for Federal Tax Purposes › Section 2801 - Definitions

§ 2801. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Formula clause."
A clause that has any of the following characteristics:
(1) Refers to the unified credit, estate tax exemption, applicable exemption amount, applicable credit amount, applicable exclusion amount, generation-skipping transfer tax exemption, GST exemption, marital deduction, maximum marital deduction, unlimited marital deduction or charitable deduction, or other words relating to Federal tax exemptions, exclusions, deductions or credits where the meaning of the words is dependent on the current state of the Federal tax laws.
(2) Measures a share of an estate or trust based on the amount that can pass free of Federal estate taxes or affects the inclusion ratio for generation-skipping transfer tax purposes.
(3) Is based on a similar provision of Federal estate tax or generation-skipping transfer tax law.
"Other dispositive instrument."
Includes the following:
(1) A beneficiary designation pertaining to insurance or retirement assets.
(2) An instrument that exercises a power of appointment held by the decedent at death.
(3) A similar instrument that:
(i) expresses a decedent's intent regarding assets over which the decedent had dispositive authority at death; or
(ii) otherwise disposes of assets as a result of the decedent's death.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 28 - Formula Clauses for Federal Tax Purposes › Section 2802 - Interpretation of formula clauses

§ 2802. Interpretation of formula clauses.
(a) General rule.--
Except as provided in subsection (b) and subject to section 2803 (relating to judicial proceeding), a will, trust or other dispositive instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula clause shall be rebuttably presumed to be interpreted pursuant to the Federal estate tax and generation-skipping transfer tax laws applicable to estates of decedents dying on December 31, 2009.
(b) Exception.--
(1) Subsection (a) shall not apply with respect to a will, trust or other dispositive instrument that:
(i) is executed or amended after December 31, 2009; or
(ii) manifests an intent that a contrary rule shall apply if the decedent dies on a date on which there is no applicable Federal estate tax or generation-skipping transfer tax in effect.
(2) If the Federal estate tax or generation-skipping transfer tax applies to an estate of a decedent dying or generation-skipping transfer occurring before January 1, 2011, then with respect to each such Federal tax, the initial reference to January 1, 2011, in this section shall refer instead to the first date after December 31, 2009, on which such tax applies to decedents' estates or generation-skipping transfers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 28 - Formula Clauses for Federal Tax Purposes › Section 2803 - Judicial proceeding

§ 2803. Judicial proceeding.
(a) Standing.--
The decedent's personal representative, trustee or any affected beneficiary under the will, trust or other dispositive instrument may bring a proceeding to interpret a formula clause.
(b) Commencement.--
A proceeding under this section must be commenced within 12 months following the death of the decedent.
(c) Considerations.--
In a proceeding under this section, the court shall consider all of the following:
(1) The provisions and purposes of the will, trust or other dispositive instrument.
(2) The facts surrounding the creation of the will, trust or other dispositive instrument.
(3) The decedent's known or probable intent, based on all the facts and circumstances surrounding the creation of the will, trust or other dispositive instrument. In determining this intent, the court may consider evidence that contradicts the plain meaning of the will, trust or other dispositive instrument.
(4) The identity and interests of beneficiaries of different shares resulting from the application of the formula clause.
(d) Modifications.--
The court shall have the power to modify a provision of a will, trust or other dispositive instrument in a manner that is not contrary to the decedent's probable intention in order to achieve the decedent's tax and other objectives.
(e) Effective date of interpretation or modification.--
The court may provide that an interpretation or modification pursuant to this chapter shall be effective as of the decedent's date of death.
Cross References.
Section 2803 is referred to in section 2802 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 › Extra - Chapter Notes

Enactment.
Chapter 31 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.
Cross References.
Subchapter A is referred to in section 3126 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 3102 - Settlement of small estates on petition

§ 3102. Settlement of small estates on petition.
When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $50,000, the orphans' court division of the county wherein the decedent was domiciled at the time of his death, upon petition of any party in interest, in its discretion, with or without appraisement, and with such notice as the court shall direct, and whether or not letters have been issued or a will probated, may direct distribution of the property (including property not paid under section 3101) to the parties entitled thereto. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value. The decree of distribution so made shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named therein as entitled to receive the property to be distributed without administration, and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. Within one year after such a decree of distribution has been made, any party in interest may file a petition to revoke it because an improper distribution has been ordered. If the court shall find that an improper distribution has been ordered, it shall revoke the decree and shall direct restitution as equity and justice shall require.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 11, 1980, P.L.565, No.118, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; July 2, 2013, P.L.199, No.35, eff. 60 days)
2013 Amendment.
Section 2 of Act 35 provided that the amendment of section 3102 shall apply to estates of decedents dying on or after the effective date of section 2.
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 3121 - When allowable

§ 3121. When allowable.
The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption.
(June 27, 1974, P.L.383, No.130, eff. imd.; Dec. 1, 1994, P.L.655, No.102, 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 3122 - Payment or delivery of exemption

§ 3122. Payment or delivery of exemption.
(a) Items claimed.--
The personal representative, if any, shall deliver to the spouse, child or children, parent or parents, the items of personal property claimed as the exemption, at the values fixed by the inventory and appraisement.
(b) Property set aside for minors or incapacitated persons.--
When any spouse, child or parent entitled to all or part of the exemption is a minor or an incapacitated person, the guardian of his estate, and if no such guardian has been appointed then the personal representative, without request made to him by anyone, shall select, for the use and benefit of the minor or incapacitated person, real or personal property to the full value to which he is entitled, and in so doing the guardian or personal representative shall be governed by the necessities of the minor or incapacitated person in the circumstances of each case.
(c) Control of court.--
On petition of any party in interest, the court, with or without appraisal and on such notice as it shall direct, may control the distribution and the valuation of articles of personal property retained or claimed.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment.
Act 24 amended subsec. (b). See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.
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 3124 - Income

§ 3124. Income.
When the family exemption does not exhaust the entire real and personal estate, the income of the estate shall be equitably prorated among the surviving spouse, child or children, parent or parents and the others taking the estate.
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 3125 - Other remedies

§ 3125. Other remedies.
The surviving spouse, child or children, parent or parents may also collect the exemption out of real and personal estate, together with income thereon, in the manner provided by law for the collection of legacies.
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 3126 - Grantee or lienholder

§ 3126. Grantee or lienholder.
(a) Rights accruing before death; purchase money obligation.--
Nothing in Subchapter A of this chapter (relating to dispositions independent of letters) and this subchapter shall be construed as impairing any lien existing at death for the purchase money of real estate.
(b) Rights accruing after death.--
A decree setting apart a family exemption shall be void as against a subsequent bona fide grantee of, or holder of a lien on, real estate, unless the decree granting the exemption from real estate, or a duplicate original or certified copy thereof, is recorded in the deed book in the office of the recorder of deeds in the county in which the real estate lies, within one year after the death of the decedent, or, if thereafter, then before the recording or entering of the instrument or lien under which such grantee or lienholder claims.
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 3131 - Place of probate

§ 3131. Place of probate.
The will of a decedent domiciled in the Commonwealth at the time of his death shall be probated only before the register of the county where the decedent had his last family or principal residence. If the decedent had no domicile in the Commonwealth, his will may be probated before the register of any county where any of his property is located.