PRINTER'S NO. 2723
No. 2060 Session of 2001
INTRODUCED BY LEWIS, BENNINGHOFF, BUNT, CAPPELLI, CIVERA, CLARK,
COLAFELLA, CREIGHTON, DeLUCA, J. EVANS, FAIRCHILD, FEESE,
FICHTER, FRANKEL, FREEMAN, GABIG, GEIST, HARHAI, HASAY,
HERMAN, HERSHEY, HESS, HORSEY, JADLOWIEC, MACKERETH, MAJOR,
MANN, McCALL, McILHATTAN, R. MILLER, S. MILLER, PIPPY,
SATHER, SAYLOR, SCHRODER, SEMMEL, SHANER, B. SMITH, SOLOBAY,
STEELMAN, SURRA, TANGRETTI, E. Z. TAYLOR, TIGUE, TRELLO,
WANSACZ, WATSON, C. WILLIAMS, WOGAN, M. WRIGHT, YOUNGBLOOD,
YUDICHAK, COLEMAN AND ROSS, OCTOBER 23, 2001
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2001
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 distribution of property of absentee and for notice to
4 absentee.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 5703 and 5704 of Title 20 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 5703. Distribution of property of absentee.
10 Upon the entry of a decree establishing the death of a person
11 domiciled in the Commonwealth, based in whole or in part upon
12 his absence from his place of residence, the real and personal
13 property of the absentee shall be administered by his personal
14 representative as in the case of other decedents. However, the
15 personal representative shall make no distribution of such
1 property to the persons entitled thereto by will or by
2 intestacy, nor shall such persons acquire indefeasible title
3 thereto, except under decree of court. The court, in awarding
4 distribution, shall require that a refunding bond, with or
5 without security and in such form and amount as the court shall
6 direct, shall be executed by each distributee and filed with the
7 clerk, except that the court may waive the bond requirement
8 where there is a finding that the absentee was exposed to a
9 specific peril of death. The bond shall be conditioned that, if
10 it shall later be established that the absentee was in fact
11 alive at the time of distribution, the distributee upon demand
12 will return the property received by him or, if it has been
13 disposed of, will make such restitution therefor as the court
14 shall deem equitable. Should a distributee not execute the bond,
15 the court shall appoint a trustee to receive and hold his share
16 until further order of the court.
17 § 5704. Notice to absentee.
18 The court, if satisfied concerning the interest of the
19 petitioner, shall cause to be advertised in a newspaper of
20 general circulation in the county of the absentee's last known
21 residence and in the legal journal, if any, designated by rule
22 of court for publication of legal notices, once a week for four
23 successive weeks or for such shorter period as the court may
24 deem appropriate, and to be otherwise advertised as the court
25 according to the circumstances of the case shall deem advisable,
26 the fact of such application, together with notice that on a
27 specified day, which shall be at least two weeks after the last
28 appearance of any such advertisement, the court, or a master
29 appointed by the court for that purpose, will hear evidence
30 concerning the alleged absence, including the circumstances and
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1 duration thereof. Where there is a finding by the court that the
2 absentee was exposed to a specific peril of death, the period of
3 notice as required by this section shall be no more than once a
4 week for two successive weeks.
5 Section 2. This act shall take effect immediately.
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