PRINTER'S NO. 590
No. 561 Session of 1997
INTRODUCED BY GREENLEAF, EARLL, HART, BELL, HOLL AND MELLOW,
FEBRUARY 28, 1997
REFERRED TO JUDICIARY, FEBRUARY 28, 1997
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for claims of
3 funeral director; and further providing for classification
4 and order of payment.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 20 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 3384.1. Claims of funeral director.
10 (a) Claim arises subsequent to death of decedent.--Except as
11 provided in subsection (b), the claim of a funeral director or
12 other provider arises subsequent to the death of the decedent
13 and, if legally owing and not otherwise discharged, shall be
14 paid by the estate of the decedent.
15 (b) Preneed contract.--No claim of a funeral director or
16 other provider shall arise nor shall the estate or surviving
17 spouse of the decedent be liable to the funeral director or
18 other provider if a funeral director or other provider provides
1 goods and services pursuant to an irrevocable preneed contract
2 entered into in accordance with the laws of this Commonwealth.
3 (c) Definitions.--As used in this section, the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Claim of a funeral director or other provider." A claim
7 arising from the provision of goods and services, in accordance
8 with other applicable laws, provided in preparing, arranging and
9 supervising final disposition of the decedent's remains.
10 "Funeral director." A funeral director as defined under the
11 act of January 14, 1952 (1951 P.L.1898, No.522), known as the
12 Funeral Director Law.
13 "Other provider." Any person authorized by the laws of this
14 Commonwealth to provide goods and services in connection with
15 the final disposition of the decedent's remains.
16 Section 2. Section 3392 of Title 20 is amended to read:
17 § 3392. Classification and order of payment.
18 If the applicable assets of the estate are insufficient to
19 pay all proper charges and claims in full, the personal
20 representative, subject to any preference given by law to claims
21 due the United States, shall pay them in the following order,
22 without priority as between claims of the same class:
23 (1) The costs of administration.
24 (2) The family exemption.
25 (3) The costs of the decedent's funeral and burial, and
26 the costs of medicines furnished to him within six months of
27 his death, of medical or nursing services performed for him
28 within that time, of hospital services including maintenance
29 provided him within that time, and of services performed for
30 him by any of his employees within that time. However, if the
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1 decedent had purchased or was the beneficiary of an
2 irrevocable preneed funeral contract from a funeral director
3 in accordance with the laws of this Commonwealth, then the
4 funeral director who entered into the preneed funeral
5 contract shall bear the full cost and legal obligation of
6 providing goods and services in accordance with the terms of
7 the contract, and the decedent's estate shall not be liable
8 for any cost, fee or profit associated with the provision of
9 these goods or services.
10 (4) The cost of a gravemarker.
11 (5) Rents for the occupancy of the decedent's residence
12 for six months immediately prior to his death.
13 (6) All other claims, including claims by the
14 Commonwealth.
15 Section 3. This act shall be retroactive to January 1, 1997.
16 Section 4. This act shall take effect immediately.
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