TABLE OF CONTENTS Short title Definitions. Ownership of Property; Legal Title and Equitable Estate

Transcription

1 TABLE OF CONTENTS TITLE 20 DECEDENTS, ESTATES AND FIDUCIARIES Chapter 1. Short Title and Definitions 101. Short title Definitions. Chapter 3. Ownership of Property; Legal Title and Equitable Estate 301. Title to real and personal estate of a decedent Title to real and personal estate of an incapacitated person Title to real and personal estate of a minor Application of payments made to fiduciaries Right to dispose of a decedent's remains. Chapter 7. Orphans' Court Divisions Subchapter A. Organization 701. Orphans' court divisions. Subchapter B. Jurisdiction 711. Mandatory exercise of jurisdiction through orphans' court division in general Nonmandatory exercise of jurisdiction through orphans' court division Special provisions for Philadelphia County Conflict of laws Incidental powers (Repealed). Subchapter C. Venue 721. Venue of decedents', minors' and incapacitated persons' estates Venue of trust estates Situs of testamentary trust (Deleted by amendment) Situs of inter vivos trust (Deleted by amendment) Change of situs; order of court (Deleted by amendment) Venue of nonprofit corporations Venue of cemetery companies. Subchapter D. Judges (Repealed) (Repealed). Subchapter E. Duties of the Clerk and Sheriff 741. Duties of the clerk (Repealed) Dockets (Repealed) Bill of costs (Repealed) Translation of foreign language documents (Repealed) Advertisement of accounts Money paid into court (Repealed) Powers and duties of the sheriff (Repealed) Fees (Repealed).

2 Subchapter F. Masters, Auditors, Examiners, Guardians Ad Litem and Trustees Ad Litem 751. Appointment; purpose Compensation Subpoenas Power to administer oaths (Repealed). Subchapter G. Procedure 761. Petitions Accounts Writs of habeas corpus (Repealed) Citation Service of citation Proof of service Parties in interest Manner of service; proof Power of orphans' court division (Repealed) Decree without prior hearing; attachment; sequestration (Repealed) Injunctions (Repealed) Subpoenas (Repealed) Depositions and discovery Perpetuation of testimony and court records Testimony in proceedings removed from register Right to jury trial; discretion of orphans' court division Procedure for jury trials Nonsuits Methods of enforcement Procedure on attachment of the person Procedure on sequestration of real or personal property Procedure on execution on personal property Procedure on attachment execution Procedure on execution on real estate Allowance and allocation (Repealed) Right of appeal (Repealed) Effect of appeal Disposition of cases on appeal (Repealed). Chapter 9. Register of Wills Subchapter A. Jurisdiction and Powers 901. Register's jurisdiction Deputy register Witnesses; testimony Witness fees Enforcement of subpoenas, orders and costs Caveat Certification of records to court Appeals Bill of costs (Repealed) Transmission of accounts to the court Attestation of certain applications and documents. Subchapter B. Records and Certified Copies 921. Wills Inventories Certified copies.

3 924. Recording proceedings in another county Certificates and affidavits of death. Chapter 21. Intestate Succession Intestate estate Share of surviving spouse Shares of others than surviving spouse Rules of succession Spouse's rights Forfeiture Persons born out of wedlock Adopted person Advancements (Repealed) Advancements Spouse's allowance; procedure Procedure to establish title to real property when spouse claims entire estate (Repealed) Property distributable to the Commonwealth (Repealed) Limitations of claims (Repealed) Personal estate of nonresident (Repealed). Chapter 22. Elective Share of Surviving Spouse Definition of conveyance Right of election; nonresident decedent Right of election; resident decedent Disclaimers, releases and charges against elective share Transfers for value excluded Right of election personal to surviving spouse Waiver of right to elect Forfeiture of right of election Surviving spouse as witness Procedure for election; time limit Determination of effect of election; enforcement. Chapter 25. Wills Who may make a will Form and execution of a will Nuncupative wills (Repealed) Witnesses (Repealed) Validity of execution Revocation of a will Revival of revoked or invalid will Modification by circumstances Change by election of surviving spouse (Repealed) Forfeiture of right of election (Repealed) How election made (Repealed) Time for making election (Repealed) Failure to make an election (Repealed) Grantee or lienholder (Repealed) Rules of interpretation Devise or bequest to trust Devise in fee tail abolished Rule in Shelley's case and doctrine of worthier title Alienage Testamentary guardian Personal estate of nonresident (Repealed) Penalty clause for contest.

4 Chapter 27. Contractual Arrangements Relating to Succession Contracts concerning succession. Chapter 28. Formula Clauses for Federal Tax Purposes Definitions Interpretation of formula clauses Judicial proceeding. Chapter 31. Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters Subchapter A. Dispositions Independent of Letters Payments to family and funeral directors Settlement of small estates on petition. Subchapter B. Family Exemption When allowable Payment or delivery of exemption Payment from real estate Income Other remedies Grantee or lienholder. Subchapter C. Probate Place of probate Manner of probate Self-proved wills Limit of time for probate Nuncupative wills (Repealed) Wills in foreign language Wills probated outside the Commonwealth Enforcing production of will Later will or codicil. Subchapter D. Grant of Letters Proper county When 21 years elapsed Contents of petition Affidavit and oath Persons entitled Persons not qualified Nonresidents Letters of administration C.T.A Letters of administration D.B.N. or D.B.N.C.T.A Letters of administration durante minoritate, durante absentia, and pendente lite Oath of personal representative Advertisement of grant of letters Submission to jurisdiction. Subchapter E. Personal Representative; Bond Individual estate Register's responsibility Fiduciary estate When not required.

5 3175. Requiring or changing amount of bond. Subchapter F. Personal Representative; Revocation of Letters; Removal and Discharge Revocation of letters Grounds for removal Procedure for and effect of removal Discharge of personal representative and surety. Chapter 33. Administration and Personal Representatives Subchapter A. Inventory Duty of personal representative Valuations Supplemental inventory Claims against personal representative Objections to inventory. Subchapter B. Personal Representatives; Powers, Duties and Liabilities Possession of real and personal estate; exception Renunciation of right to administer property Liability insurance Continuation of business Incorporation of or formation of entity to operate estate's business Investment of funds Set-aside Claims against co-fiduciary Revival of judgments against personal representative Power of attorney; delegation of power over subscription rights and fractional shares; authorized delegations Voting stock by proxy Nominee registration; corporate fiduciary as agent; deposit of securities in a clearing corporation; book-entry securities Acceptance of deed in lieu of foreclosure Compromise of controversies Death or incapacity of fiduciary Administrator C.T.A Administrator D.B.N. and D.B.N.C.T.A Surviving or remaining personal representatives Disagreement of personal representatives Effect of revocation of letters, probate of will, later will or codicil Notice of devise or bequest to corporation or association Liability of personal representative on contracts Inherent powers and duties. Subchapter C. Sales, Pledges, Mortgages, Leases, Options and Exchanges Power to sell Power to lease Order of court Power given in governing instrument Restraint of sale.

6 3356. Purchase by personal representative Title of purchaser Collateral attack Record of proceedings; county where real estate lies Contracts, inadequacy of consideration or better offer; brokers' commissions. Subchapter D. Abatement, Survival and Control of Actions Actions which survive Substitution of personal representative in pending action or proceedings Action by or against personal representative Death or removal of fiduciary Abatement of action for failure to take out letters Limitations against debt due estate Execution on judgments. Subchapter E. Claims; Charges; Rights of Creditors Liens and charges existing at death not impaired Judgments which are liens at death Statutes of limitations; claims not barred at death Notice of claim Notice after settlor of revocable trust has died Limitation upon claims Failure to present claim at audit Claims not due; certain to become due Claims not certain to become due Claims subject to litigation in other courts Specific performance of contracts Proceeding against personal representative Classification and order of payment Notice to Commonwealth and political subdivisions. Chapter 35. Accounts and Distribution Subchapter A. Accounts Accounting required (Repealed) Accounting by personal representative Annexation of account of terminated trust, guardianship or agency Where filed Notice to parties in interest Representation of parties in interest (Repealed). Subchapter B. Audits Audits in counties having separate orphans' court division Audits in counties having no separate orphans' court division Statement of proposed distribution Confirmation of account and approval of proposed distribution. Subchapter C. Review Rehearing; relief granted. Subchapter D. Distribution

7 3531. Estates not exceeding $50, At risk of personal representative Award upon final confirmation of account Distribution in kind Cost of distribution of tangible personal property Delivery of possession of real estate Recording and registering decrees awarding real estate Compensation Distributions involving persons born out of wedlock Change in law after pattern of distribution established Absentee and additional distributees. Subchapter E. Rights of Distributees Order of abatement Contribution Income on distributive shares Liability of personal representative for interest Transcripts of balances due by personal representative Determination of title to decedent's interest in real estate. Subchapter F. Legacies, Annuities, and Other Charges Enforcement of payment Discharge of portion of property from charges payable in the future Discharge of property from lien of charge Presumption of payment, release or extinguishment. Chapter 37. Apportionment of Death Taxes Power of decedent Equitable apportionment of Federal estate tax Apportionment of Pennsylvania inheritance tax Apportionment of Pennsylvania estate tax Apportionment of Federal generation-skipping tax Enforcement of contribution or exoneration of Federal estate tax. Chapter 41. Foreign Fiduciaries Subchapter A. Powers and Duties In general Powers with respect to securities and bank accounts Service of process (Repealed) Proof of authority in court proceedings Effect of local proceedings. Subchapter B. Distributions to Foreign Fiduciaries To foreign personal representative To foreign trustee, guardian or committee. Subchapter C. Transfer of Administration Award to foreign guardian when minor or incapacitated person becomes a nonresident.

8 Chapter 43. Temporary Fiduciaries Appointment of temporary fiduciary Petition for relief; joinder of parties; notice Security by substituted fiduciaries; duties and responsibilities Duration of decree; impeachment of acts Fiduciaries temporarily relieved of duties and liabilities Power to control, remove, discharge and settle accounts. Chapter 45. Sureties Subchapter A. Rights in Administration Agreement concerning deposit of assets Notice Participation in administration Information from fiduciary; accounting Release of surety before discharge of fiduciary. Subchapter B. Enforcement of Bond Suits on bonds Service of process on nonresident surety (Repealed). Chapter 51. Minors Subchapter A. Small Estates When guardian unnecessary Power of natural guardian Sequestered deposit. Subchapter B. Appointment of Guardian County of appointment Persons not qualified to be appointed by the court Persons preferred in appointment Service of process on nonresident guardian (Repealed) Appointment of guardian in conveyance Orphan beneficiaries, charitable uses or trusts; administration, cities of first class. Subchapter C. Bond Necessity, form and amount When bond not required Requiring or changing amount of bond. Subchapter D. Removal and Discharge Grounds and procedure. Subchapter E. Powers, Duties and Liabilities; in General Possession of real and personal property Inventory Abandonment of property Powers, duties and liabilities identical with personal representatives.

9 5145. Investments Guardian named in conveyance Proceedings against guardian. Subchapter F. Sales, Pledges, Mortgages, Leases, Options and Exchanges Power to sell personal property Power to lease Provisions identical to other estates Title of purchaser Order of court. Subchapter G. Accounts, Audits, Reviews, Distribution When accounting filed Where accounts filed Notice, audits, reviews and distribution Distribution to personal representative (Repealed) Distributions for support and education Notice to guardian or guardian ad litem Death of minor Failure to present claim at audit. Chapter 53. Pennsylvania Uniform Transfers to Minors Act Short title of chapter and definitions Scope and jurisdiction Nomination of custodian Transfer by gift or exercise of power of appointment Transfer authorized by will or trust Other transfer by fiduciary Transfer by obligor Receipt for custodial property Manner of creating custodial property and effecting transfer Single custodianship Validity and effect of transfer Care of custodial property Powers of custodian Use of custodial property Expenses, compensation and bond of custodian Exemption of third person from liability Liability to third persons Renunciation, resignation, death or removal of custodian Accounting by and determination of liability of custodian Termination of custodianship Delay in transfer of custodial property after minor attains age 21. Chapter 54. Health Care Subchapter A. General Provisions Applicability Definitions Legislative findings and intent Compliance Conflicting advance health care directives Death not suicide or homicide.

10 5427. Life insurance Health care instruments optional Pregnancy Effect of divorce Liability Criminal penalties Forms Construction. Subchapter B. Living Wills Short title of subchapter Execution When living will operative Revocation Emergency medical services Validity Form. Subchapter C. Health Care Agents and Representatives Short title of subchapter Execution Requirements and options When health care power of attorney operative Appointment of health care agents Authority of health care agent Countermand Amendment Revocation Relation of health care agent to court-appointed guardian and other agents Decisions by health care representative Duties of attending physician and health care provider Effect on other State law Validity Form. Subchapter D. Combined Form Example. Subchapter E. Out-of-Hospital Nonresuscitation Short title of subchapter Legislative findings and intent Definitions Orders, bracelets and necklaces Revocation Absence of order, bracelet or necklace Emergency medical services Advisory committee. Chapter 54A. Out-of-Hospital Nonresuscitation (Deleted by amendment) 54A01-54A13 (Deleted by amendment). Chapter 55. Incapacitated Persons Subchapter A. General Provisions

11 5501. Meaning of incapacitated person Purpose of chapter. Subchapter B. Small Estates Provisions similar to small estates of minors. Subchapter C. Appointment of Guardian; Bonds; Removal and Discharge Petition and hearing; independent evaluation County of appointment; qualifications Determination of incapacity and appointment of guardian Review hearing Annual report Emergency guardian To fill vacancy; co-guardian Provisions similar to other estates Fiduciary estate Adjudication of capacity and modification of existing orders Evidence of incapacity Cross-examination of witnesses. Subchapter D. Powers, Duties and Liabilities of Guardians Provisions concerning powers, duties and liabilities Power to lease Collateral attack Effect of determination of incapacity Notice to Commonwealth and political subdivisions. Subchapter E. Accounts, Audits, Reviews and Distribution When accounting filed Where accounts filed Notice, audits, reviews and distribution Account of personal representative of deceased incompetent (Repealed) Recognition of claims Disposition of trust income Distributions of income and principal during incapacity Reserve for funeral. Subchapter F. Guardianship Support Guardianship support agencies; legislative intent Services to individuals whose decision-making ability is impaired Guardianship services Services to courts, guardians and others Costs and compensation. Chapter 56. Powers of Attorney General provisions Powers of attorney presumed durable Special rules for gifts (Repealed) Agent's duties.

12 Authority that requires specific and general grant of authority Form of power of attorney Implementation of power of attorney Durable powers of attorney Power of attorney not revoked until notice Proof of continuance of powers of attorney by affidavit Corporate agent Acceptance of and reliance upon power of attorney Liability for refusal to accept power of attorney Activities through employees Compensation and reimbursement for expenses Account Validity Principles of law and equity Meaning and effect of power of attorney Jurisdiction and venue. Chapter 57. Absentees and Presumed Decedents Proof of death Trustee for absentee Distribution of property of absentee Notice to absentee Search for absentee Persons presumed dead from September 11, 2001, terrorist attack. Chapter 58. Mental Health Care Subchapter A. General Provisions Applicability Definitions Legislative findings and intent Compliance Liability Penalties Rights and responsibilities Combining mental health instruments. Subchapter B. Mental Health Declarations Short title of subchapter Execution Form Operation Revocation Amendment. Subchapter C. Mental Health Powers of Attorney Short title of subchapter Execution Form Operation Appointment of mental health care agents Authority of mental health care agent Removal of agent Effect of divorce Revocation.

13 5840. Amendment Relation of mental health care agent to court-appointed guardian and other agents Duties of attending physician and mental health care provider Construction Conflicting provisions Validity. Chapter 59. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Subchapter A. General Provisions Short title of chapter Definitions International application of chapter Communication between courts Cooperation between courts Taking testimony in another state. Subchapter B. Jurisdiction Definitions; significant connection factors Exclusive basis Jurisdiction Special jurisdiction Exclusive and continuing jurisdiction Appropriate forum Jurisdiction declined by reason of conduct Notice of proceeding Proceedings in more than one state. Subchapter C. Transfer of Guardianship or Conservatorship Transfer of guardianship or conservatorship to another state Accepting guardianship or conservatorship transferred from another state. Subchapter D. Registration and Recognition of Orders from Other States Registration of guardianship orders Registration of protective orders Effect of registration. Subchapter E. Miscellaneous Provisions Uniformity of application and construction Relation to Electronic Signatures in Global and National Commerce Act. Chapter 61. Estates Definitions Termination of trusts (Deleted by amendment) Release or disclaimer of powers or interests (Repealed) Release of powers and interests and disclaimer of powers Rule against perpetuities.

14 6105. Rule against perpetuities; disposition when invalidity occurs Income accumulations; when valid Income accumulations; disposition when invalidity occurs Applicability of rule against perpetuities Designation of beneficiaries of insurance or employee death benefits not testamentary Combination of charitable trusts (Repealed) Administration of charitable interests (Deleted by amendment) Conveyances to defeat marital rights (Repealed) Modification by divorce or pending divorce Effect of divorce or pending divorce on designation of beneficiaries Spendthrift trusts (Deleted by amendment) Limited estates in personalty and in the proceeds of the conversion of real estate Rules of interpretation Estates pur autre vie Estates in fee tail abolished Rule in Shelley's case and doctrine of worthier title Invalidity of certain gifts (Repealed). Chapter 62. Disclaimers Right to disclaim Disclaimers by fiduciaries or agents Interests subject to disclaimer Filing, delivery and recording Effect of disclaimer Bar to disclaimer Other statutes. Chapter 63. Multiple-Party Accounts Definitions Applicability of chapter Ownership during lifetime Right of survivorship Form of account Accounts and transfers nontestamentary. Chapter 64. Transfer on Death Security Registration Definitions Registration in beneficiary form Law applicable to registration Origination of registration in beneficiary form Form of registration in beneficiary form Effect of registration in beneficiary form Ownership on death of owner Protection of registering entity Nontestamentary transfer on death Terms, conditions and forms for registration Transfers of securities and security accounts Construction of chapter Application of chapter. Chapter 71. Trust Estates (Deleted by amendment) Subchapters A through G (Deleted by amendment)

15 Chapter 72. Prudent Investor Rule Definitions Default rule Prudent investor rule Diversification Retention of inception assets Delegation Retention of cash; temporary investments Life insurance Mutual funds Common trust fund and mortgage investment fund Further investment authority Degree of care Judgment of fiduciary's decisions Language invoking chapter. Chapter 73. Municipalities Investments Definition of fiduciary Authorized investments; in general Government obligations Obligations of Federal organizations Obligations of Pennsylvania governmental organizations Obligations of governmental organizations existing pursuant to the laws of Pennsylvania, other states and the District of Columbia Corporate bonds Mortgages Fractional interests Stocks Further investment authority Real estate Ground rent Interest-bearing deposit Common trust fund and mortgage investment fund Mutual funds Retention of investments Retention of cash; temporary investments Life insurance, building and loan shares, and similar assets Investments which become unauthorized Court direction Directions of testator or settlor. Chapter 75. Limitations on Exercise of Trustee Powers and Powers of Beneficiaries to Appoint Trustees Legislative intent Definitions Application of chapter Certain trustee powers not exercisable Joint powers and appointment of nondisqualified substituted trustees Certain powers of beneficiaries not exercisable. Chapter 76. Powers of Appointment Definitions Exercise of powers of appointment Contract to exercise power.

16 7604. Manner of appointment Antilapse provision Partially effective exercise. Chapter 77. Trusts Subchapter A. General Provisions Short title of chapter - UTC Scope of chapter - UTC Definitions - UTC Knowledge - UTC Trust instrument controls; mandatory rules - UTC Common law of trusts; principles of equity - UTC Governing law - UTC Situs of trust Methods and waiver of notice - UTC Notice; others treated as beneficiaries - UTC Nonjudicial settlement agreements - UTC Rules of construction - UTC 112. Subchapter B. Judicial Proceedings Role of court in administration of trust - UTC Jurisdiction over trustee and beneficiary - UTC (Reserved) Venue - UTC 204. Subchapter C. Representation Scope; definition of trust matter Representation of parties in interest in general Representatives and persons represented Appointment of representative Notice of representation Representation ineffective if person objects. Subchapter D. Creation, Validity, Modification and Termination of Trust Creation of trust - UTC Requirements for creation - UTC Written trusts created in other jurisdictions - UTC Trust purposes - UTC Charitable purposes; enforcement - UTC Creation of trust induced by fraud, duress or undue influence - UTC Oral trusts unenforceable Trust for care of animal - UTC Noncharitable trust without ascertainable beneficiary - UTC Termination of trusts; proceedings for termination or modification of trusts - UTC Modification or termination of noncharitable irrevocable trust by consent - UTC Modification or termination of noncharitable irrevocable trust by court - UTC Charitable trusts - UTC Modification or termination of noncharitable trust - UTC Reformation to correct mistakes - UTC 415.

17 Modification to achieve settlor's tax objectives - UTC Division of trusts Combination of trusts. Subchapter E. Creditor's Claims; Spendthrift and Discretionary Trusts Rights of beneficiary's creditor or assignee - UTC Spendthrift provision - UTC Exceptions to spendthrift provision - UTC Discretionary trusts; effect of standard - UTC Creditor's claim against settlor - UTC 505(a) Overdue distribution - UTC Personal obligations of trustee - UTC Property subject to power of withdrawal - UTC 505(b). Subchapter F. Revocable Trusts Capacity of settlor of revocable trust - UTC Revocation or amendment of revocable trust - UTC Trustee's duties; powers of withdrawal - UTC Actions contesting validity of revocable trust Claims and distribution after settlor's death. Subchapter G. Office of Trustee Accepting or declining trusteeship - UTC Trustee's bond - UTC Cotrustees - UTC Vacancy in trusteeship; appointment of successor - UTC Resignation of trustee; filing resignation Removal of trustee - UTC Delivery of property by former trustee - UTC Compensation of trustee - UTC Reimbursement of expenses - UTC Liability of successor trustee. Subchapter H. Duties and Powers of Trustee Duty to administer trust - UTC Duty of loyalty - UTC Impartiality - UTC Prudent administration - UTC Costs of administration - UTC Trustee's skills - UTC Delegation by trustee Powers to direct - UTC Control and protection of trust property - UTC Record keeping and identification of trust property - UTC Enforcement and defense of claims - UTC (Reserved) Duty to inform and report Discretionary powers Powers of trustees - UTC Illustrative powers of trustee Distribution upon termination.

18 Subchapter I. Liability of Trustees and Rights of Persons Dealing with Trustees Remedies for breach of trust - UTC Damages for breach of trust - UTC Damages in absence of breach - UTC (Reserved) Limitation of action against trustee Reliance on trust instrument - UTC Event affecting administration or distribution - UTC Exculpation of trustee - UTC Beneficiary's consent, release or ratification - UTC Limitation on personal liability of trustee - UTC Interest as general partner - UTC Protection of person dealing with trustee - UTC Certification of trust - UTC Subchapter J. Miscellaneous Provisions Abandonment of property Powers, duties and liabilities identical with personal representatives Effect of removal, or of probate of later will or codicil Title of purchaser Reports for school district trustees Jurisdiction Filing accounts Failure to present claim at audit Income on distributive shares Annexation of account of distributed estate or trust Accounts, audits and distributions Pooled trusts for individuals with disabilities. Chapter 79. Charitable Instruments Short title of chapter Definitions Deemed provisions of governing instrument Power to amend governing instrument Court authority Applicability. Chapter 81. Principal and Income Subchapter A. Preliminary Provisions; Power to Adjust; Power to Convert to Unitrust Short title of chapter Definitions Fiduciary duties; general principles Trustee's power to adjust Power to convert to unitrust Judicial control of discretionary powers Express trusts (Reserved) (Reserved) (Reserved) (Reserved) (Reserved).

19 8113. Charitable trusts. Subchapter B. Decedent's Estate or Terminating Income Interest Determination and distribution of net income Distribution to residuary and remainder beneficiaries. Subchapter C. Apportionment at Beginning and End of Income Interest When right to income begins and ends Apportionment of receipts and disbursements when decedent dies or income interest begins Apportionment when income interest ends. Subchapter D. Allocation of Receipts During Administration of Trust Character of receipts Distribution from trust or estate Business and other activities conducted by trustee Principal receipts Rental property Obligation to pay money Insurance policies and similar contracts Insubstantial allocations not required Retirement benefits, individual retirement accounts, deferred compensation, annuities and similar payments Liquidating asset Minerals, water and other natural resources Timber Property not productive of income Derivatives and options Asset-backed securities. Subchapter E. Allocation of Disbursements During Administration of Trust Mandatory disbursements from income Mandatory disbursements from principal Discretionary allocation of disbursements Transfers from income to principal for depreciation Transfers from income to reimburse principal Income taxes Adjustments between principal and income because of taxes. Subchapters F and G (Reserved) Subchapter H. Miscellaneous Provisions Uniformity of application and construction. Chapter 82. Revised Price Act (Repealed) (Repealed). Chapter 83. Inalienable Property

20 8301. Powers of court to authorize sale, etc. of real property Venue where real property is wholly in one county Venue where real property is in more than one county Procedure Sale of real property subject to future inalienable interests; disposition of proceeds Title of purchaser. Chapter 84. Military Service Subchapter A. Fiduciaries in Military Service (Repealed) (Repealed). Subchapter B. Notice to Veterans' Bureau Notice of action to United States Veterans' Bureau Veterans' Bureau's objection to account; costs. Chapter 85. Simultaneous Death No sufficient evidence of survivorship Beneficiaries of another person's disposition of property Joint tenants or tenants by the entirety Insurance policies Chapter does not apply if decedent provides otherwise. Chapter 86. Anatomical Gifts Subchapter A. General Provisions Definitions. Subchapter B. Express Anatomical Gifts Persons who may execute anatomical gift Persons who may become donees; purposes for which anatomical gifts may be made Manner of executing anatomical gifts Delivery of document of gift Amendment or revocation of gift Rights and duties at death Requests for anatomical gifts Voluntary contribution system (Repealed) Use of driver's license or identification card to indicate organ or tissue donation Police and emergency personnel responsibilities The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund Confidentiality requirement Prohibited activities. Subchapter C. Corneal Transplants Removal of corneal tissue permitted under certain circumstances Limitation of liability.

21 Chapter 87. Employee Benefits Existing trusts may continue for term necessary to accomplish purpose Combining trusts Transfer of assets to corporate trustee; investments; common trust funds Payments upon employee's death; third party claims. Chapter 88. Slayers Definition of terms Slayer not to acquire property as result of slaying Descent, distribution, dower, courtesy, and statutory rights as survivor Legacies Tenancies by the entirety Joint tenants, joint owners and joint obligees Reversions and vested remainders Interests dependent on survivorship or continuance of life Contingent remainders and executory or other future interests Powers of appointment Proceeds of insurance Bona fide payment by insurance company or obligor Bona fide purchasers Record of conviction as evidence Preadjudication rule Broad construction; policy of State. TITLE 20 DECEDENTS, ESTATES AND FIDUCIARIES Chapter 1. Short Title and Definitions 3. Ownership of Property; Legal Title and Equitable Estate 7. Orphans' Court Divisions 9. Register of Wills 21. Intestate Succession 22. Elective Share of Surviving Spouse 25. Wills 27. Contractual Arrangements Relating to Succession 28. Formula Clauses for Federal Tax Purposes 31. Dispositions Independent of Letters; Family Exemption; Probate of Wills and Grant of Letters 33. Administration and Personal Representatives 35. Accounts and Distribution 37. Apportionment of Death Taxes 41. Foreign Fiduciaries 43. Temporary Fiduciaries 45. Sureties 51. Minors 53. Pennsylvania Uniform Transfers to Minors Act 54. Health Care 54A. Out-of-Hospital Nonresuscitation (Deleted by amendment) 55. Incapacitated Persons 56. Powers of Attorney 57. Absentees and Presumed Decedents 58. Mental Health Care

22 59. Uniform Adult Guardianship and Protective Proceedings Jurisdiction 61. Estates 62. Disclaimers 63. Multiple-Party Accounts 64. Transfer on Death Security Registration 71. Trust Estates (Deleted by amendment) 72. Prudent Investor Rule 73. Municipalities Investments 75. Limitations on Exercise of Trustee Powers and Powers of Beneficiaries to Appoint Trustees 76. Powers of Appointment 77. Trusts 79. Charitable Instruments 81. Principal and Income 82. Revised Price Act (Repealed) 83. Inalienable Property 84. Military Service 85. Simultaneous Death 86. Anatomical Gifts 87. Employee Benefits 88. Slayers Enactment. Unless otherwise noted, the provisions of Title 20 were added June 30, 1972, P.L.508, No.164, effective July 1, Special Provisions in Appendix. See section 4 of Act 164 of 1972 in the appendix to this title for special provision relating to effective date and savings provisions of title and preservation of rights and liabilities. Title Heading. The heading of Title 20 was amended June 30, 1972, P.L.508, No.164; December 10, 1974, P.L.816, No.271; and December 10, 1974, P.L.867, No.293. Sec Short title Definitions. CHAPTER 1 SHORT TITLE AND DEFINITIONS Enactment. Chapter 1 was added June 30, 1972, P.L.508, No.164, effective July 1, Short title. This title shall be known and may be cited as the "Probate, Estates and Fiduciaries Code." Each chapter herein shall be known and may be cited by its chapter heading Definitions. Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Clerk." Means the clerk of the orphans' court division of the court of common pleas. "Court, orphans' court, or orphans' court division." Means the court of common pleas exercising the jurisdiction referred to in this title through its orphans' court division. "Fiduciary." Includes personal representatives, guardians, and trustees, whether domiciliary or ancillary, individual or

23 corporate, subject to the jurisdiction of the orphans' court division. "First complete advertisement of the grant of letters." In counties having no legal publication, means the first of the three times that the grant of letters is advertised in a newspaper, and, in counties having a legal publication, it means when it has been advertised, on at least one occasion, in both the newspaper and in the legal publication. "Foreign fiduciary." Means a personal representative, guardian of a minor or incapacitated person, trustee or one performing the functions of any such fiduciary, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth. "Foreign guardian." Means a guardian, or one performing the function of a guardian, who is subject primarily to the control of the court of another jurisdiction and has not received ancillary authority in the Commonwealth. "General rule or rule of court." A rule or order promulgated by the governing authority, as defined in 42 Pa.C.S. 102 (relating to definitions), of the unified judicial system. "Guardian." Means a fiduciary who has the care and management of the estate or person of a minor or an incapacitated person. "Incapacitated person." Means a person determined to be an incapacitated person under the provisions of Chapter 55 (relating to incapacitated persons). "Letters." Means letters testamentary or letters of administration of any description. "Minor." Means an individual under the age of 18 years. "Personal representative." Means an executor or administrator of any description. "Register." Means the register of wills having jurisdiction of granting of letters testamentary or of administration. "Trust." Means any trust, whether testamentary or inter vivos, subject to the jurisdiction of the orphans' court division. "Will." Means a written will, codicil or other testamentary writing. (Dec. 6, 1972, P.L.1461, No.331; July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability. CHAPTER 3 OWNERSHIP OF PROPERTY; LEGAL TITLE AND EQUITABLE ESTATE Sec Title to real and personal estate of a decedent Title to real and personal estate of an incapacitated person Title to real and personal estate of a minor Application of payments made to fiduciaries Right to dispose of a decedent's remains. Enactment. Chapter 3 was added June 30, 1972, P.L.508, No.164, effective July 1, Title to real and personal estate of a decedent.

24 (a) Personal estate.--legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death. (b) Real estate.--legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court Title to real and personal estate of an incapacitated person. Legal title to all real estate and personal property of an incapacitated person shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability Title to real and personal estate of a minor. Legal title to all real and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this title and lawfully by a governing instrument and to all orders of the court Application of payments made to fiduciaries. A person who, in good faith, pays or transfers to a fiduciary any money or other property, which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary, and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 added section 304. Section 15 of Act 182 provided that Act 182 shall apply to the estates of all decedents dying on or after the effective date of Act Right to dispose of a decedent's remains. (a) General rule.--except as specified in subsection (a.1), the determination of the final disposition of a decedent's remains shall be as set forth in this section unless otherwise specifically provided by waiver and agreement of the person entitled to make such determination under this section, subject to the provisions of a valid will executed by the decedent and section 8611(a) (relating to persons who may execute anatomical gift). (a.1) Exception for members of the armed forces.--the determination of the final disposition of a decedent's remains shall be as set forth in this section unless otherwise specifically provided by a DD Form 93 executed later in time than a valid will executed by the decedent or a waiver and agreement of the person entitled to make such determination under this section, subject to the provisions of section 8611(a). (b) Disposition of the remains of a deceased spouse.--absent an allegation of enduring estrangement, incompetence, contrary intent or waiver and agreement which is proven by clear and convincing evidence, a surviving spouse shall have the sole authority in all matters pertaining to the disposition of the remains of the decedent. (c) Disposition of the remains of others.--if there is not a surviving spouse, absent an allegation of enduring

25 estrangement, incompetence, contrary intent or waiver and agreement which is proven by clear and convincing evidence, the next of kin shall have sole authority in all matters pertaining to the disposition of the remains of the decedent. (d) Procedure.--Where a petition alleging enduring estrangement, incompetence, contrary intent or waiver and agreement is made within 48 hours of the death or discovery of the body of the decedent, whichever is later, a court may order that no final disposition of the decedent's remains take place until a final determination is made on the petition. Notice to each person with equal or higher precedence than the petitioner to the right to dispose of the decedent's remains and to his attorney if known and to the funeral home or other institution where the body is being held must be provided concurrently with the filing of the petition. A suitable bond may be required by the court. (1) If the court determines that clear and convincing evidence establishes enduring estrangement, incompetence, contrary intent or waiver and agreement, the court shall enter an appropriate order regarding the final disposition which may include appointing an attorney in fact to arrange the final disposition, with reasonable costs chargeable to the estate. (2) If two or more persons with equal standing as next of kin disagree on disposition of the decedent's remains, the authority to dispose shall be determined by the court, with preference given to the person who had the closest relationship with the deceased. (3) If the court determines that the petition is not supported by a clear and convincing evidence, the court may award attorney fees. An award of attorney fees shall constitute a setoff against any claim by the petitioner against the estate. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Armed forces." The armed forces of the United States, including a reserve component or the National Guard. "Contrary intent." An explicit and sincere expression, either verbal or written, of a decedent adult or emancipated minor prior to death and not subsequently revoked that a person other than the one authorized by this section determine the final disposition of his remains. "DD Form 93." A valid document or a successor form provided by the Department of Defense that is signed by a member of the armed forces and designates a person to direct the disposition of the remains of the person who signed the form. "Enduring estrangement." A physical and emotional separation from the deceased at the time of death of the person authorized by this section to determine the final disposition of the decedent's remains, which has existed for a period of time that clearly demonstrates an absence of due affection, trust and regard for the deceased. "Next of kin." The spouse and relatives by blood of the deceased in order that they be authorized to succeed to the deceased's estate under Chapter 21 (relating to intestate succession) as long as the person is an adult or an emancipated minor. (Nov. 17, 1998, P.L.786, No.99, eff. 60 days; July 2, 2013, P.L.254, No.45, eff. 60 days)