PRINTER'S NO. 2031
No. 1474 Session of 2000
INTRODUCED BY MELLOW, MUSTO, O'PAKE, STAPLETON, KUKOVICH, BELAN,
COSTA, LAVALLE AND THOMPSON, JUNE 12, 2000
REFERRED TO JUDICIARY, JUNE 12, 2000
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 persons entitled, for persons not qualified, for revocation
4 of letters and for grounds for removal; and providing for
5 preadjudication rule.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 3155, 3156, 3181 and 3182 of Title 20 of
9 the Pennsylvania Consolidated Statutes are amended to read:
10 § 3155. Persons entitled.
11 (a) Letters testamentary.--Letters testamentary shall be
12 granted by the register to the executor designated in the will,
13 whether or not he has declined a trust under the will.
14 (b) Letters of administration.--Letters of administration
15 shall be granted by the register, in such form as the case shall
16 require, to one or more of those hereinafter mentioned and,
17 except for good cause, in the following order:
18 (1) Those entitled to the residuary estate under the
19 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] Except in the case of a person who is
10 prohibited from the grant of letters under subsection (d), if
11 anyone of the foregoing shall renounce his right to letters
12 of administration, the register, in his discretion, may
13 appoint a nominee of the person so renouncing in preference
14 to the persons set forth in any succeeding paragraph.
15 (7) A guardianship support agency serving as guardian of
16 an incapacitated person who dies during the guardianship
17 administered pursuant to Subchapter F of Chapter 55 (relating
18 to guardianship support).
19 (c) Time limitation.--Except with the consent of those
20 enumerated in paragraphs (1), (2) and (3), no letters shall be
21 issued to those enumerated in paragraphs (4) and (5) of
22 subsection (b) until seven days after the decedent's death.
23 (d) Persons charged in connection with decedent's death.--
24 Notwithstanding the foregoing, the register shall not grant
25 letters testamentary or of administration to a person formally
26 charged, whether by indictment, information or otherwise, by the
27 Commonwealth, the United States or any of the several states or
28 territories, with homicide or manslaughter in connection with
29 the decedent's death unless and until the charge is withdrawn or
30 dismissed or a verdict of not guilty is returned.
20000S1474B2031 - 2 -
1 § 3156. Persons not qualified.
2 No person shall be qualified to serve as a personal
3 representative who is:
4 (1) Under 18 years of age.
5 (2) A corporation not authorized to act as fiduciary in
6 the Commonwealth.
7 (3) A person, other than an executor designated by name
8 or description in the will, found by the register to be unfit
9 to be entrusted with the administration of the estate.
10 (4) The nominee of any beneficiary, legatee or person
11 having any interest whatsoever, when such beneficiary,
12 legatee or person is a citizen or resident of any country
13 outside the territorial limits or possessions of the United
14 States, when it shall appear doubtful to the register that in
15 the distribution of the estate any such person will have the
16 actual benefit, use, enjoyment or control of the money or
17 other property representing his share or interest therein.
18 (5) Formally charged, whether by indictment, information
19 or otherwise, by the Commonwealth, the United States or any
20 of the several states or territories, with homicide or
21 manslaughter in connection with the decedent's death unless
22 and until the charge is withdrawn, dismissed or a verdict of
23 not guilty is returned.
24 § 3181. Revocation of letters.
25 (a) When no will.--The register may revoke letters of
26 administration granted by him whenever it appears that the
27 person to whom the letters were granted is not entitled thereto.
28 (b) When a will.--The register may amend or revoke letters
29 testamentary or of administration granted by him not in
30 conformity with the provisions of a will admitted to probate.
20000S1474B2031 - 3 -
1 (c) When charges of murder or manslaughter.--Whether or not
2 a will has been submitted or admitted, the register may revoke
3 letters testamentary or of administration when it appears that
4 the person to whom the letters were granted has been formally
5 charged with homicide or manslaughter as described in sections
6 3155 (relating to persons entitled) and 3156 (relating to
7 persons not qualified), provided that revocation shall not be
8 made on these grounds if the charge has been dismissed,
9 withdrawn or terminated by a verdict of not guilty.
10 § 3182. Grounds for removal.
11 The court shall have exclusive power to remove a personal
12 representative when he:
13 (1) is wasting or mismanaging the estate, is or is
14 likely to become insolvent, or has failed to perform any duty
15 imposed by law; or
16 (2) (Deleted by amendment).
17 (3) has become incapacitated to discharge the duties of
18 his office because of sickness or physical or mental
19 incapacity and his incapacity is likely to continue to the
20 injury of the estate; or
21 (4) has removed from the Commonwealth or has ceased to
22 have a known place of residence therein, without furnishing
23 such security or additional security as the court shall
24 direct; [or]
25 (4.1) has been formally charged with homicide or
26 manslaughter as described in sections 3155 (relating to
27 persons entitled) and 3156 (relating to persons not
28 qualified), provided that removal shall not be made on these
29 grounds if the charge has been dismissed, withdrawn or
30 terminated by a verdict of not guilty; or
20000S1474B2031 - 4 -
1 (5) when, for any other reason, the interests of the
2 estate are likely to be jeopardized by his continuance in
3 office.
4 Section 2. Title 20 is amended by adding a section to read:
5 § 8816. Preadjudication rule.
6 If a person has been formally charged, whether by indictment,
7 information or otherwise, by the Commonwealth, the United States
8 or any of the several states or territories, with homicide or
9 manslaughter in connection with a decedent's death, any and all
10 property or benefit that would otherwise pass to the person from
11 the decedent's estate shall be placed and preserved in escrow by
12 the personal representative appointed by the register. Upon
13 dismissal or withdrawal of the charge or upon the return of a
14 verdict of not guilty, the property or benefit held in escrow
15 shall pass as if no charge had been filed or made. Upon
16 conviction of the charge, the property or benefit held in escrow
17 shall pass in accordance with the terms and provisions of
18 section 8805 (relating to tenancies by the entirety).
19 Notwithstanding the foregoing, the duly appointed personal
20 representative shall be authorized, upon notice to all
21 interested parties, including, but not limited to, the accused,
22 to petition the orphans' court division of the court of common
23 pleas in the county where the estate lies for payment from the
24 escrowed funds of child support and related expenses and
25 expenses of estate administration. Disposition of the petition
26 shall lie in the sound discretion of the court.
27 Section 3. This act shall take effect in 60 days.
E10L20MRD/20000S1474B2031 - 5 -