PRIOR PRINTER'S NOS. 793, 1238 PRINTER'S NO. 1260
No. 665 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, EARLL, COSTA, M. WHITE, O'PAKE, THOMPSON AND WOZNIAK, MAY 10, 2005
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 24, 2005
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 grant of letters of administration and for the administration
4 of estates.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 3155, 3159 and 3311 of Title 20 of the <--
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 3155. Persons entitled.
10 (a) Letters testamentary.--Letters testamentary shall be
11 granted by the register to the executor designated in the will,
12 whether or not he has declined a trust under the will.
13 (b) Letters of administration.--Letters of administration
14 shall be granted by the register, in such form as the case shall
15 require, to one or more of those hereinafter mentioned and,
16 except for good cause, in the following order:
17 (1) Those entitled to the residuary estate under the
18 will.
1 (2) The surviving spouse. 2 (3) Those entitled under the intestate law as the 3 register, in his discretion, shall judge will best administer 4 the estate, giving preference, however, according to the 5 sizes of the shares of those in this class. 6 (4) The principal creditors of the decedent at the time 7 of his death. 8 (5) Other fit persons. 9 (6) If anyone of the foregoing shall renounce his right 10 to letters of administration, the register, in his 11 discretion, may appoint a nominee of the person so renouncing 12 in preference to the persons set forth in any succeeding 13 paragraph. 14 (7) A guardianship support agency serving as guardian of 15 an incapacitated person who dies during the guardianship 16 administered pursuant to Subchapter F of Chapter 55 (relating 17 to guardianship support). 18 (8) A redevelopment authority formed pursuant to the act 19 of May 24, 1945 (P.L.991, No.385), known as the Urban 20 Redevelopment Law. 21 (c) Time limitation.--Except with the consent of those 22 enumerated in paragraphs (1), (2) and (3), no letters shall be 23 issued to those enumerated in [paragraphs (4) and (5)] paragraph 24 (4), (5) or (8) of subsection (b) until [seven] 30 days after 25 the decedent's death. 26 (d) Death charges.--Notwithstanding the provisions of 27 subsections (a) and (b), the register shall not grant letters 28 testamentary or letters of administration to any person charged, 29 whether by indictment, information or otherwise, by the United 30 States, the Commonwealth or any of the several states, with 20050S0665B1260 - 2 -
1 voluntary manslaughter or homicide, except homicide by vehicle, 2 in connection with a decedent's death unless and until the 3 charge is withdrawn, dismissed or a verdict of not guilty is 4 returned. 5 § 3159. Letters of administration D.B.N. or D.B.N.C.T.A. <-- 6 (a) General rule.--When an entire vacancy occurs in the 7 office of personal representative before administration is 8 completed, the register, in a case of intestacy, shall grant 9 letters of administration de bonis non, and in the case of 10 testacy, letters de bonis non cum testamento annexo, to the 11 person or persons entitled thereto. 12 (b) Exception.--When a redevelopment authority has been 13 appointed as administrator, but the entire estate has not been 14 administered, a register may grant letters of administration de 15 bonis non to the person or persons entitled thereto with regard 16 to the remainder of the estate. Letters of administration de 17 bonis non granted under this subsection shall only entitle the 18 person or persons to administer that portion of an estate, not 19 including real estate, that remains. 20 § 3311. Possession of real and personal estate; exception. 21 (a) Personal representative.--A personal representative 22 shall have the right to and shall take possession of, maintain 23 and administer all the real and personal estate of the decedent, 24 except real estate occupied at the time of death by an heir or 25 devisee with the consent of the decedent. He shall collect the 26 rents and income from each asset in his possession until it is 27 sold or distributed, and, during the administration of the 28 estate, shall have the right to maintain any action with respect 29 to it and shall make all reasonable expenditures necessary to 30 preserve it. The court may direct the personal representative to 20050S0665B1260 - 3 -
1 take possession of, administer and maintain real estate so 2 occupied by an heir or a devisee if this is necessary to protect 3 the rights of claimants or other parties. Nothing in this 4 section shall affect the personal representative's power to sell 5 real estate occupied by an heir or devisee. 6 (b) Redevelopment authority.--A redevelopment authority 7 granted letters of administration shall have the power to take, 8 clear, combine or transfer title to real property of the estate 9 as necessary to return such property to productive use, and upon 10 payment of fair market value of the property in its current 11 state, to the estate. 12 Section 2. This act shall take effect in 60 days. D20L20RLE/20050S0665B1260 - 4 -