TABLE OF CONTENTS
TITLE 20
DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 3. Ownership of Property; Legal Title and Equitable Estate
§ 301. Title to real and personal estate of a decedent.
§ 302. Title to real and personal estate of an incapacitated person.
§ 303. Title to real and personal estate of a minor.
§ 304. Application of payments made to fiduciaries.
§ 305. Right to dispose of a decedent's remains.
§ 701. Orphans' court divisions.
§ 711. Mandatory exercise of jurisdiction through orphans' court division in general.
§ 712. Nonmandatory exercise of jurisdiction through orphans' court division.
§ 713. Special provisions for Philadelphia County.
§ 715. Incidental powers (Repealed).
§ 721. Venue of decedents', minors' and incapacitated persons' estates.
§ 722. Venue of trust estates.
§ 723. Situs of testamentary trust.
§ 724. Situs of inter vivos trust.
§ 725. Change of situs; order of court.
§ 726. Venue of nonprofit corporations.
§ 727. Venue of cemetery companies.
Subchapter D. Judges (Repealed)
§ 731 & § 732 (Repealed).
Subchapter E. Duties of the Clerk and Sheriff
§ 741. Duties of the clerk (Repealed).
§ 742. Dockets (Repealed).
§ 743. Bill of costs (Repealed).
§ 744. Translation of foreign language documents (Repealed).
§ 745. Advertisement of accounts.
§ 746. Money paid into court (Repealed).
§ 747. Powers and duties of the sheriff (Repealed).
§ 748. Fees (Repealed).
Subchapter F. Masters, Auditors, Examiners, Guardians Ad Litem and Trustees Ad Litem
§ 754. Power to administer oaths (Repealed).
§ 763. Writs of habeas corpus (Repealed).
§ 768. Manner of service; proof.
§ 769. Power of orphans' court division (Repealed).
§ 771. Decree without prior hearing; attachment; sequestration (Repealed).
§ 772. Injunctions (Repealed).
§ 773. Subpoenas (Repealed).
§ 774. Depositions and discovery.
§ 775. Perpetuation of testimony and court records.
§ 776. Testimony in proceedings removed from register.
§ 777. Right to jury trial; discretion of orphans' court division.
§ 778. Procedure for jury trials.
§ 781. Methods of enforcement.
§ 782. Procedure on attachment of the person.
§ 783. Procedure on sequestration of real or personal property.
§ 784. Procedure on execution on personal property.
§ 785. Procedure on attachment execution.
§ 786. Procedure on execution on real estate.
§ 791. Allowance and allocation (Repealed).
§ 792. Right of appeal (Repealed).
§ 794. Disposition of cases on appeal (Repealed).
Subchapter A. Jurisdiction and Powers
§ 901. Register's jurisdiction.
§ 905. Enforcement of subpoenas, orders and costs.
§ 907. Certification of records to court.
§ 909. Bill of costs (Repealed).
§ 910. Transmission of accounts to the court.
§ 911. Attestation of certain applications and documents.
Subchapter B. Records and Certified Copies
§ 924. Recording proceedings in another county.
§ 925. Certificates and affidavits of death.
§ 2102. Share of surviving spouse.
§ 2103. Shares of others than surviving spouse.
§ 2107. Persons born out of wedlock.
§ 2109. Advancements (Repealed).
§ 2110. Spouse's allowance; procedure.
§ 2111. Procedure to establish title to real property when spouse claims entire estate (Repealed).
§ 2112. Property distributable to the Commonwealth (Repealed).
§ 2113. Limitations of claims (Repealed).
§ 2114. Personal estate of nonresident (Repealed).
§ 2201. Definition of conveyance.
§ 2202. Right of election; nonresident decedent.
§ 2203. Right of election; resident decedent.
§ 2204. Disclaimers, releases and charges against elective share.
§ 2205. Transfers for value excluded.
§ 2206. Right of election personal to surviving spouse.
§ 2207. Waiver of right to elect.
§ 2208. Forfeiture of right of election.
§ 2209. Surviving spouse as witness.
§ 2210. Procedure for election; time limit.
§ 2211. Determination of effect of election; enforcement.
§ 2502. Form and execution of a will.
§ 2503. Nuncupative wills (Repealed).
§ 2504. Witnesses (Repealed).
§ 2504.1. Validity of execution.
§ 2506. Revival of revoked or invalid will.
§ 2507. Modification by circumstances.
§ 2508. Change by election of surviving spouse (Repealed).
§ 2509. Forfeiture of right of election (Repealed).
§ 2510. How election made (Repealed).
§ 2511. Time for making election (Repealed).
§ 2512. Failure to make an election (Repealed).
§ 2513. Grantee or lienholder (Repealed).
§ 2514. Rules of interpretation.
§ 2515. Devise or bequest to trust.
§ 2516. Devise in fee tail abolished.
§ 2517. Rule in Shelley's case and doctrine of worthier title.
§ 2519. Testamentary guardian.
§ 2520. Personal estate of nonresident (Repealed).
§ 2521. Penalty clause of contest.
§ 2701. Contracts concerning succession.
and Grant of LettersChapter 31. Dispositions Independent of Letters; Family Exemption; Probate of Wills
Subchapter A. Dispositions Independent of Letters
§ 3101. Payments to family and funeral directors.
§ 3102. Settlement of small estates on petition.
Subchapter B. Family Exemption
§ 3122. Payment or delivery of exemption.
§ 3123. Payment from real estate.
§ 3126. Grantee or lienholder.
§ 3133. Limit of time for probate.
§ 3134. Nuncupative wills (Repealed).
§ 3135. Wills in foreign language.
§ 3136. Wills probated outside the Commonwealth.
§ 3137. Enforcing production of will.
§ 3138. Later will or codicil.
Subchapter D. Grant of Letters
§ 3152. When 21 years elapsed.
§ 3156. Persons not qualified.
§ 3158. Letters of administration C.T.A.
§ 3159. Letters of administration D.B.N. or D.B.N.C.T.A.
§ 3160. Letters of administration durante minoritate, durante absentia, and pendente lite.
§ 3161. Oath of personal representative.
§ 3162. Advertisement of grant of letters.
Subchapter E. Personal Representative; Bond
§ 3172. Register's responsibility.
§ 3175. Requiring or changing amount of bond.
Subchapter F. Personal Representative; Revocation of Letters; Removal and Discharge
§ 3181. Revocation of letters.
§ 3183. Procedure for and effect of removal.
§ 3184. Discharge of personal representative and surety.
§ 3301. Duty of personal representative.
§ 3303. Supplemental inventory.
§ 3304. Claims against personal representative.
§ 3305. Objections to inventory.
Subchapter B. Personal Representatives; Powers, Duties and Liabilities
§ 3311. Possession of real and personal estate; exception.
§ 3312. Renunciation of right to administer property.
§ 3314. Continuation of business.
§ 3315. Incorporation of estate's business.
§ 3317. Claims against co-fiduciary.
§ 3318. Revival of judgments against personal representative.
§ 3320. Voting stock by proxy.
§ 3322. Acceptance of deed in lieu of foreclosure.
§ 3323. Compromise of controversies.
§ 3324. Death or incapacity of fiduciary.
§ 3326. Administrator D.B.N. and D.B.N.C.T.A.
§ 3327. Surviving or remaining personal representatives.
§ 3328. Disagreement of personal representatives.
§ 3329. Effect of revocation of letters, probate of will, later will or codicil.
§ 3330. Notice of devise or bequest to corporation or association.
§ 3331. Liability of personal representative on contracts.
§ 3332. Inherent powers and duties.
Subchapter C. Sales, Pledges, Mortgages, Leases, Options and Exchanges
§ 3354. Power given in governing instrument.
§ 3356. Purchase by personal representative.
§ 3359. Record of proceedings; county where real estate lies.
§ 3360. Contracts, inadequacy of consideration or better offer; brokers' commissions.
Subchapter D. Abatement, Survival and Control of Actions
§ 3371. Actions which survive.
§ 3372. Substitution of personal representative in pending action or proceedings.
§ 3373. Action by or against personal representative.
§ 3374. Death or removal of fiduciary.
§ 3375. Abatement of action for failure to take out letters.
§ 3376. Limitations against debt due estate.
§ 3377. Execution on judgments.
Subchapter E. Claims; Charges; Rights of Creditors
§ 3381. Liens and charges existing at death not impaired.
§ 3382. Judgments which are liens at death.
§ 3383. Statutes of limitations; claims not barred at death.
§ 3385. Limitation upon claims.
§ 3386. Failure to present claim at audit.
§ 3387. Claims not due; certain to become due.
§ 3388. Claims not certain to become due.
§ 3389. Claims subject to litigation in other courts.
§ 3390. Specific performance of contracts.
§ 3391. Proceeding against personal representative.
§ 3392. Classification and order of payment.
§ 3393. Notice to Commonwealth and political subdivisions.
§ 3501. Accounting required (Repealed).
§ 3501.1. Accounting by personal representative.
§ 3501.2. Annexation of account of terminated trust, guardianship or agency,
§ 3503. Notice to parties in interest.
§ 3504. Representation of parties in interest.
§ 3511. Audits in counties having separate orphans' court division.
§ 3512. Audits in counties having no separate orphans' court division.
§ 3513. Statement of proposed distribution.
§ 3514. Confirmation of account and approval of proposed distribution.
§ 3521. Rehearing; relief granted.
§ 3531. Estates not exceeding $25,000.
§ 3532. At risk of personal representative.
§ 3533. Award upon final confirmation of account.
§ 3535. Delivery of possession of real estate.
§ 3536. Recording and registering decrees awarding real estate.
§ 3538. Distributions involving persons born out of wedlock.
§ 3539. Change in law after pattern of distribution established.
§ 3540. Absentee and additional distributees.
Subchapter E. Rights of Distributees
§ 3543. Interest or income on distributive shares.
§ 3544. Liability of personal representative for interest.
§ 3545. Transcripts of balances due by personal representative.
§ 3546. Determination of title to decedent's interest in real estate.
Subchapter F. Legacies, Annuities, and Other Charges
§ 3551. Enforcement of payment.
§ 3552. Discharge of portion of property from charges payable in the future.
§ 3553. Discharge of property from lien of charge.
§ 3554. Presumption of payment, release or extinguishment.
§ 3702. Equitable apportionment of Federal estate tax.
§ 3703. Apportionment of Pennsylvania inheritance tax.
§ 3704. Apportionment of Pennsylvania estate tax.
§ 3705. Apportionment of Federal generation-skipping tax.
§ 3706. Enforcement of contribution or exoneration of Federal estate tax.
Subchapter A. Powers and Duties
§ 4102. Powers with respect to securities and bank accounts.
§ 4103. Service of process (Repealed).
§ 4104. Proof of authority in court proceedings.
§ 4105. Effect of local proceedings.
Subchapter B. Distributions to Foreign Fiduciaries
§ 4111. To foreign personal representative.
§ 4112. To foreign trustee, guardian or committee.
Subchapter C. Transfer of Administration
§ 4121. Award to foreign guardian when minor or incapacitated person becomes a nonresident.
§ 4301. Appointment of temporary fiduciary.
§ 4302. Petition for relief; joinder of parties; notice.
§ 4303. Security by substituted fiduciaries; duties and responsibilities.
§ 4304. Duration of decree; impeachment of acts.
§ 4305. Fiduciaries temporarily relieved of duties and liabilities.
§ 4306. Power to control, remove, discharge and settle accounts.
Subchapter A. Rights in Administration
§ 4501. Agreement concerning deposit of assets.
§ 4503. Participation in administration.
§ 4504. Information from fiduciary; accounting.
§ 4505. Release of surety before discharge of fiduciary.
Subchapter B. Enforcement of Bond
§ 4522. Service of process on nonresident surety (Repealed).
§ 5101. When guardian unnecessary.
§ 5102. Power of natural guardian.
Subchapter B. Appointment of Guardian
§ 5111. County of appointment.
§ 5112. Persons not qualified to be appointed by the court.
§ 5113. Persons preferred in appointment.
§ 5114. Service of process on nonresident guardian (Repealed).
§ 5115. Appointment of guardian in conveyance.
§ 5116. Orphan beneficiaries, charitable uses or trusts; administration, cities of first class.
§ 5121. Necessity, form and amount.
§ 5122. When bond not required.
§ 5123. Requiring or changing amount of bond.
Subchapter D. Removal and Discharge
§ 5131. Grounds and procedure.
Subchapter E. Powers, Duties and Liabilities; in General
§ 5141. Possession of real and personal property.
§ 5143. Abandonment of property.
§ 5144. Powers, duties and liabilities identical with personal representatives.
§ 5146. Guardian named in conveyance.
§ 5147. Proceedings against guardian.
Subchapter F. Sales, Pledges, Mortgages, Leases, Options and Exchanges
§ 5151. Power to sell personal property.
§ 5153. Provisions identical to other estates.
Subchapter G. Accounts, Audits, Reviews, Distribution
§ 5161. When accounting filed.
§ 5163. Notice, audits, reviews and distribution.
§ 5163.1. Distribution to personal representative (Repealed).
§ 5164. Distributions for support and education.
§ 5165. Notice to guardian or guardian ad litem.
§ 5167. Failure to present claim at audit.
§ 5301. Short title of chapter and definitions.
§ 5302. Scope and jurisdiction.
§ 5303. Nomination of custodian.
§ 5304. Transfer by gift or exercise of power of appointment.
§ 5305. Transfer authorized by will or trust.
§ 5306. Other transfer by fiduciary.
§ 5308. Receipt for custodial property.
§ 5309. Manner of creating custodial property and effecting transfer.
§ 5311. Validity and effect of transfer.
§ 5312. Care of custodial property.
§ 5314. Use of custodial property.
§ 5315. Expenses, compensation and bond of custodian.
§ 5316. Exemption of third person from liability.
§ 5317. Liability to third persons.
§ 5318. Renunciation, resignation, death or removal of custodian.
§ 5319. Accounting by and determination of liability of custodian.
§ 5320. Termination of custodianship.
§ 5321. Delay in transfer of custodial property after minor attains age 21.
§ 5401. Short title of chapter.
§ 5402. Legislative findings and intent.
§ 5405. When declaration becomes operative.
§ 5408. Duty of physician to confirm terminal condition.
§ 5409. Unwillingness to comply; transfer of declarant.
§ 5410. Effect on suicide and life insurance.
§ 5412. Preservation of existing rights.
§ 5413. Emergency medical services.
Chapter 54-A. OUT-OF-HOSPITAL NONRESUSCITATION
§ 5401-A. Short title of chapter.
§ 5402-A. Legislative findings and intent.
§ 5404-A. Orders, bracelets and necklaces.
§ 5407-A. Effect on suicide and life insurance.
§ 5409-A. Preservation of existing rights.
§ 5410-A. Emergency medical services.
Subchapter A. General Provisions
§ 5501. Meaning of incapacitated person.
§ 5505. Provisions similar to small estates of minors.
Subchapter C. Appointment of Guardian; Bonds; Removal and Discharge
§ 5511. Petition and hearing; independent evaluation.
§ 5512. County of appointment; qualifications.
§ 5512.1. Determination of incapacity and appointment of guardian.
§ 5514. To fill vacancy; co-guardian.
§ 5515. Provisions similar to other estates.
§ 5517. Adjudication of capacity and modification of existing orders.
§ 5518. Evidence of incapacity.
§ 5518.1. Cross-examination of witnesses.
Subchapter D. Powers, Duties and Liabilities of Guardians
§ 5521. Provisions concerning powers, duties and liabilities.
§ 5524. Effect of determination of incapacity.
§ 5525. Notice to Commonwealth and political subdivisions.
Subchapter E. Accounts, Audits, Reviews and Distribution
§ 5531. When accounting filed.
§ 5533. Notice, audits, reviews and distribution.
§ 5533.1. Account of personal representative of deceased incompetent (Repealed).
§ 5534. Recognition of claims.
§ 5535. Disposition of trust income.
§ 5536. Distributions of income and principal during incapacity.
Subchapter F. Guardianship Support
§ 5551. Guardianship support agencies; legislative intent.
§ 5552. Services to individuals whose decision-making ability is impaired.
§ 5553. Guardianship services.
§ 5554. Services to courts, guardians and others.
§ 5555. Costs and compensation.
§ 5601.1. Powers of attorney presumed durable.
§ 5601.2. Special rules for gifts.
§ 5602. Form of power of attorney.
§ 5603. Implementation of power of attorney.
§ 5604. Durable powers of attorney.
§ 5605. Power of attorney not revoked until notice.
§ 5606. Proof of continuance of powers of attorney by affidavit.
§ 5609. Compensation and reimbursement for expenses.
§ 5703. Distribution of property of absentee.
§ 5706. Persons Presumed Dead From September 11, 2001 Terrorist Attack.
§ 6102. Termination of trusts.
§ 6103. Release or disclaimer of powers or interests.
§ 6104. Rule against perpetuities.
§ 6105. Rule against perpetuities; disposition when invalidity occurs.
§ 6106. Income accumulations; when valid.
§ 6107. Income accumulations; disposition when invalidity occurs.
§ 6108. Designation of beneficiaries of insurance or employee death benefits not testamentary.
§ 6109. Combination of charitable trusts (Repealed).
§ 6110. Administration of charitable estates.
§ 6111. Conveyances to defeat marital rights (Repealed).
§ 6111.1. Modification by divorce.
§ 6111.2. Effect of divorce on designation of beneficiaries.
§ 6113. Limited estates in personalty and in the proceeds of the conversion of real estate.
§ 6114. Rules of interpretation.
§ 6115. Estates pur autre vie.
§ 6116. Estates in fee tail abolished.
§ 6117. Rule in Shelley's case and doctrine of worthier title.
§ 6118. Invalidity of certain gifts (Repealed).
§ 6202. Disclaimers by fiduciaries or agents.
§ 6203. Interests subject to disclaimer.
§ 6204. Filing, delivery and recording.
§ 6302. Applicability of chapter.
§ 6303. Ownership during lifetime.
§ 6304. Right of survivorship.
§ 6306. Accounts and transfers nontestamentary.
§ 6402. Registration in beneficiary form.
§ 6403. Law applicable to registration.
§ 6404. Origination of registration in beneficiary form.
§ 6405. Form of registration in beneficiary form.
§ 6406. Effect of registration in beneficiary form.
§ 6407. Ownership on death of owner.
§ 6408. Protection of registering entity.
§ 6409. Nontestamentary transfer on death.
§ 6410. Terms, conditions and forms for registration.
§ 6411. Transfers of securities and security accounts.
§ 6412. Construction of chapter.
§ 6413. Application of chapter.
Subchapter A. Appointment of Trustees
§ 7102. Service of process on nonresident trustee (Repealed).
§ 7104 Power of trustee to resign.
§ 7105. Filing resignations and appointments.
Subchapter B. Bond of Trustees
§ 7111. Necessity, form and amount.
§ 7112. Requiring or changing amount of bond.
Subchapter C. Removal and Discharge
§ 7121. Grounds and procedure.
Subchapter D. Powers, Duties and Liabilities
§ 7131. Possession of real and personal property.
§ 7132. Abandonment of property.
§ 7133. Powers, duties and liabilities identical with personal representatives.
§ 7135. Substituted or succeeding trustee.
§ 7136. Effect of removal, or of probate of later will or codicil.
Subchapter E. Sales, Pledges, Mortgages, Leases, Options and Exchanges
§ 7144. Reports for school district trustees.
Subchapter F. Accounts, Audits, Reviews and Distributions
§ 7183. Notice, audits, reviews, and distribution.
§ 7184. Disposition of income.
§ 7186. Failure to present claim at audit.
§ 7187. Interest or income on distributive shares.
§ 7188. Annexation of account of distributed estate or trust.
Subchapter G. Separation and Combination of Trusts
§ 7192. Combination of trusts.
§ 7203. Prudent investor rule.
§ 7205. Retention of inception assets.
§ 7207. Retention of cash; temporary investments.
§ 7210. Common trust fund and mortgage investment fund.
§ 7211. Further investment authority.
§ 7213. Judgment of fiduciary's decisions.
§ 7214. Language invoking chapter.
§ 7301. Definition of fiduciary.
§ 7302. Authorized investments; in general.
§ 7303. Government obligations.
§ 7304. Obligations of Federal organizations.
§ 7305. Obligations of Pennsylvania governmental organizations.
§ 7310.1. Further investment authority.
§ 7313. Interest-bearing deposit.
§ 7314. Common trust fund and mortgage investment fund.
§ 7315. Retention of investments.
§ 7315.1. Retention of cash; temporary investments.
§ 7316. Life insurance, building and loan shares, and similar assets.
§ 7317. Investments which become unauthorized.
§ 7319. Directions of testator or settlor.
§ 7503. Application of chapter.
§ 7504. Certain trustee powers not exercisable.
§ 7505. Joint powers and appointment of nondisqualified substituted trustees.
§ 7506. Certain powers of beneficiaries not exercisable.
PRINCIPAL AND INCOME
A. Preliminary Provisions; Power to Adjust; Power to Convert to Unitrust
8103. Fiduciary duties; general principles.
8104. Trustee's power to adjust.
8105. Power to convert unitrust.
8106. Judicial control of discretionary powers.
B. Decedent's Estate or Terminating Income Interest
8121. Determination and distribution of net income.
8122. Distribution to residuary and remainder beneficiaries.
C. Apportionment at Beginning and End of Income Interest
8131. When right to income begins and ends.
8132. Apportionment of receipts and disbursements when decedent dies or income interest begins.
8133. Apportionment when income interest ends.
D. Allocation of Receipts During Administration of Trust
8142. Distribution from trust or estate.
8143. Business and other activities conducted by trustee.
8146. Obligation to pay money.
8147. Insurance policies and similar contracts.
8148. Insubstantial allocations not required.
8151. Minerals, water and other natural resources.
8153. Property not productive of income.
8154. Derivatives and options.
8155. Asset-backed securities.
E. Allocation of Disbursements During Administration of Trust
8161. Mandatory disbursements from income.
8162. Mandatory disbursements from principal.
8163. Discretionary allocation of disbursements.
8164. Transfers from income to principal for depreciation.
8165. Transfers from income to reimburse principal.
8167. Adjustments between principal and income because of taxes.
8191. Uniformity of application and construction.
Chapter 82. Revised Price Act (Repealed)
§ 8201 - § 8234 (Repealed).
§ 8301. Powers of court to authorize sale, etc. of real property.
§ 8302. Venue where real property is wholly in one county.
§ 8303. Venue where real property is in more than one county.
§ 8305. Sale of real property subject to future inalienable interests; disposition of proceeds.
Subchapter A. Fiduciaries in Military Service (Repealed)
§ 8401 - § 8407 (Repealed).
Subchapter B. Notice to Veterans' Bureau
§ 8411. Notice of action to United States Veterans' Bureau.
§ 8412. Veterans' Bureau's objection to account; costs.
§ 8501. No sufficient evidence of survivorship.
§ 8502. Beneficiaries of another person's disposition of property.
§ 8503. Joint tenants or tenants by the entirety.
§ 8505. Chapter does not apply if decedent provides otherwise.
Subchapter A. General Provisions.
Subchapter B. Express Anatomical Gifts.
§ 8611. Persons who may execute anatomical gift.
§ 8612. Persons who may become donees; purposes for which anatomical gifts may be made.
§ 8613. Manner of executing anatomical gifts.
§ 8614. Delivery of document of gift.
§ 8615. Amendment or revocation of gift.
§ 8616. Rights and duties at death.
§ 8617. Requests for anatomical gifts.
§ 8618. Voluntary contribution system (Repealed).
§ 8619. Use of driver’s license or identification card to indicate organ or tissue donation.
§ 8620. Police and emergency personnel responsibilities.
§ 8621. Organ Donation Awareness Trust Fund contributions.
§ 8622. Organ Donation Awareness Trust Fund.
§ 8623. Confidentiality requirement.
§ 8624. Prohibited activities.
Subchapter C. Corneal Transplants.
§ 8641. Removal of corneal tissue permitted under certain circumstances.
§ 8642. Limitation of liability.
§ 8701. Existing trusts may continue for term necessary to accomplish purpose.
§ 8703. Transfer of assets to corporate trustee; investments; common trust funds.
§ 8704. Payments upon employee's death; third party claims.
§ 8802. Slayer not to acquire property as result of slaying.
§ 8803. Descent, distribution, dower, curtesy, and statutory rights as survivor.
§ 8805. Tenancies by the entirety.
§ 8806. Joint tenants, joint owners and joint obligees.
§ 8807. Reversions and vested remainders.
§ 8808. Interests dependent on survivorship or continuance of life.
§ 8809. Contingent remainders and executory or other future interests.
§ 8810. Powers of appointment.
§ 8811. Proceeds of insurance.
§ 8812. Bona fide payment by insurance company or obligor.
§ 8814. Record of conviction as evidence.