HOUSE AMENDED
PRIOR PRINTER'S NOS. 2007, 2067 PRINTER'S NO. 2325
No. 1433 Session of 2002
INTRODUCED BY WAUGH, GREENLEAF, A. WILLIAMS AND WOZNIAK,
MAY 14, 2002
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2002
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for THE <--
3 SHARE OF THE SURVIVING SPOUSE, FOR classification and order
4 or payment of claims against the estate of a decedent AND FOR <--
5 GENERAL PROVISIONS RELATING TO POWERS OF ATTORNEY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3392 of Title 20 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 SECTION 1. SECTIONS 2102 AND 3392 OF TITLE 20 OF THE <--
11 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
12 § 2102. SHARE OF SURVIVING SPOUSE.
13 THE INTESTATE SHARE OF A DECEDENT'S SURVIVING SPOUSE IS:
14 (1) IF THERE IS NO SURVIVING ISSUE OR PARENT OF THE
15 DECEDENT, THE ENTIRE INTESTATE ESTATE.
16 (2) IF THERE IS NO SURVIVING ISSUE OF THE DECEDENT BUT
17 HE IS SURVIVED BY A PARENT OR PARENTS, THE FIRST $30,000 PLUS
18 ONE-HALF OF THE BALANCE OF THE INTESTATE ESTATE.
1 NOTWITHSTANDING THE FOREGOING, IN THE CASE OF A DECEDENT WHO
2 DIED AS A RESULT OF THE TERRORIST ATTACKS OF SEPTEMBER 11,
3 2001, A SURVIVING SPOUSE SHALL BE ENTITLED TO 100% OF ANY
4 COMPENSATION AWARD PAID PURSUANT TO THE AIR TRANSPORTATION
5 SAFETY AND SYSTEM STABILIZATION ACT (PUBLIC LAW 107-42, 115
6 STAT. 230).
7 (3) IF THERE ARE SURVIVING ISSUE OF THE DECEDENT ALL OF
8 WHOM ARE ISSUE OF THE SURVIVING SPOUSE ALSO, THE FIRST
9 $30,000 PLUS ONE-HALF OF THE BALANCE OF THE INTESTATE ESTATE.
10 (4) IF THERE ARE SURVIVING ISSUE OF THE DECEDENT ONE OR
11 MORE OF WHOM ARE NOT ISSUE OF THE SURVIVING SPOUSE, ONE-HALF
12 OF THE INTESTATE ESTATE.
13 (5) IN CASE OF PARTIAL INTESTACY ANY PROPERTY RECEIVED
14 BY THE SURVIVING SPOUSE UNDER THE WILL SHALL SATISFY PRO
15 TANTO THE $30,000 ALLOWANCE UNDER PARAGRAPHS (2) AND (3).
16 § 3392. Classification and order of payment.
17 If the applicable assets of the estate are insufficient to
18 pay all proper charges and claims in full, the personal
19 representative, subject to any preference given by law to claims
20 due the United States, shall pay them in the following order,
21 without priority as between claims of the same class:
22 (1) The costs of administration.
23 (2) The family exemption.
24 (3) The costs of the decedent's funeral and burial, and
25 the costs of medicines furnished to him within six months of
26 his death, of medical or nursing services performed for him
27 within that time, of hospital services including maintenance
28 provided him within that time, and of services performed for
29 him by any of his employees within that time.
30 (4) The cost of a gravemarker.
20020S1433B2325 - 2 -
1 (5) Rents for the occupancy of the decedent's residence
2 for six months immediately prior to his death.
3 (5.1) Claims by the Commonwealth and the political
4 subdivisions of the Commonwealth.
5 (6) All other claims[, including claims by the
6 Commonwealth].
7 Section 2. This act shall apply to the estate of a decedent <--
8 who dies on or after the effective date of this act.
9 SECTION 2. SECTION 5601 OF TITLE 20 IS AMENDED BY ADDING A <--
10 SUBSECTION TO READ:
11 § 5601. GENERAL PROVISIONS.
12 * * *
13 (E.3) EXEMPTION FROM NOTICE REQUIREMENTS.--A DEALER AS
14 DEFINED BY THE ACT OF DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN
15 AS THE BOARD OF VEHICLES ACT, SHALL BE EXEMPT FROM THE
16 REQUIREMENTS OF SUBSECTIONS (C), (D) AND (E) WHEN USING A POWER
17 OF ATTORNEY IN CONJUNCTION WITH A SALE, PURCHASE OR TRANSFER OF
18 A VEHICLE AS AUTHORIZED BY 75 PA.C.S. § 1119 (RELATING TO
19 APPLICATION FOR CERTIFICATE OF TITLE BY AGENT).
20 * * *
21 SECTION 3. THIS ACT SHALL APPLY AS FOLLOWS:
22 (1) THE AMENDMENT OF 20 PA.C.S. § 2102 SHALL BE
23 RETROACTIVE TO SEPTEMBER 11, 2001.
24 (2) THE AMENDMENT OF 20 PA.C.S. § 3392 SHALL APPLY TO
25 THE ESTATE OF A DECEDENT WHO DIES ON OR AFTER THE EFFECTIVE
26 DATE OF THIS ACT.
27 Section 3 4. This act shall take effect immediately. <--
D23L20JAM/20020S1433B2325 - 3 -