Title 20, DECEDENTS, ESTATES AND FIDUCIARIES

Wills shall be modified upon the occurrence of any of the following circumstances, among others: (1) Death within 30 days; religious and charitable gifts.--(Repealed). (2) Divorce or pending divorce.--Any provision in a testator's will in favor of or relating to the testator's sp…

1978 Repeal. Section 2508 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1978 Repeal. Section 2509 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1978 Repeal. Section 2510 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1978 Repeal. Section 2511 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1978 Repeal. Section 2512 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1978 Repeal. Section 2513 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

In the absence of a contrary intent appearing therein, wills shall be construed as to real and personal estate in accordance with the following rules: (1) Wills construed as if executed immediately before death.--(Repealed). (1.1) Construction that will passes all property.--A wi…

A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the testator or any other person before, concurrently with or after the execution of the will. Such devise or bequest shall not be invalid because the trus…

Whenever by any devise an estate in fee tail would be created according to the common law of the Commonwealth, it shall pass an estate in fee simple, and as such shall be inheritable and freely alienable.

(a) Rule in Shelley's case.--The rule in Shelley's case and its corollaries shall not be applied, and a devise or bequest directly or in trust which shall express an intent to create an estate for life with remainder to the life tenant's heirs or the heirs of his body or his issu…

Real and personal estate shall pass without regard to whether the testator or any devisee or legatee is or has been an alien.

(a) Guardian of the person.--A person competent to make a will, being the sole surviving parent or adopting parent of any unmarried minor child, may appoint a testamentary guardian of the person of such child during his minority, or for any shorter period except that no parent wh…

1976 Repeal. Section 2520 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings. (Dec. 1, 1994, P.L.655, No.102, eff.…

(a) Establishment of contract.--A contract to die intestate or to make or not to revoke a will or testamentary provision or an obligation dischargeable only at or after death can be established in support of a claim against the estate of a decedent only by: (1) provisions of a wi…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Formula clause." A clause that has any of the following characteristics: (1) Refers to the unified credit, estate tax e…

(a) General rule.--Except as provided in subsection (b) and subject to section 2803 (relating to judicial proceeding), a will, trust or other dispositive instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula clause shall be…

(a) Standing.--The decedent's personal representative, trustee or any affected beneficiary under the will, trust or other dispositive instrument may bring a proceeding to interpret a formula clause. (b) Commencement.--A proceeding under this section must be commenced within 12 mo…

(a) Wages, salary or employee benefits.--Any employer of a person dying domiciled in this Commonwealth at any time after the death of the employee, whether or not a personal representative has been appointed, may pay wages, salary or any employee benefits due the deceased in an a…

When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not ex…

The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the de…

(a) Items claimed.--The personal representative, if any, shall deliver to the spouse, child or children, parent or parents, the items of personal property claimed as the exemption, at the values fixed by the inventory and appraisement. (b) Property set aside for minors or incapac…

(a) Appraisement.--If the exemption is claimed in whole or in part out of real estate, the appraisement of the real estate shall be made by two appraisers appointed by the court, upon petition and after such notice as the court shall direct. The orphans' court division of the cou…

When the family exemption does not exhaust the entire real and personal estate, the income of the estate shall be equitably prorated among the surviving spouse, child or children, parent or parents and the others taking the estate.

The surviving spouse, child or children, parent or parents may also collect the exemption out of real and personal estate, together with income thereon, in the manner provided by law for the collection of legacies.

(a) Rights accruing before death; purchase money obligation.--Nothing in Subchapter A of this chapter (relating to dispositions independent of letters) and this subchapter shall be construed as impairing any lien existing at death for the purchase money of real estate. (b) Rights…

The will of a decedent domiciled in the Commonwealth at the time of his death shall be probated only before the register of the county where the decedent had his last family or principal residence. If the decedent had no domicile in the Commonwealth, his will may be probated befo…

All wills shall be proved by the oaths or affirmations of two competent witnesses and (1) Will signed by testator.--In the case of a will to which the testator signed his name, proof by subscribing witnesses, if there are such, shall be preferred to the extent that they are readi…

(a) Proof.--Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by another as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepte…

(a) Original probate.--A will may be offered for probate at any time. (b) Conclusiveness of original probate.--The probate of a will shall be conclusive as to all property, real or personal, devised or bequeathed by it, unless an appeal shall be taken from probate as provided in …

1974 Repeal. Section 3134 was repealed December 10, 1974, P.L.867, No.293, effective immediately.

A writing not in English shall not be filed for probate or for any other purpose in the office of the register unless there is attached to it and filed with it a translation into English, sworn to be correct. The register shall attach the translation to the original and shall fil…

A duly authenticated copy of a will proved outside of the Commonwealth according to the law of the place of probate may be offered for probate before any register having jurisdiction, and letters testamentary or of administration with a will annexed may be granted thereon as thou…

The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of a will of a decedent requiring him to show cause why it should not be deposited with him. In the absence of good cause shown, the register…

If a later will or codicil is submitted to the register for probate within three months of the testator's death but after the register shall have probated an earlier instrument, the register, after such notice as he deems advisable, but with at least ten-days' notice to the petit…

Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted only by the register of the county where the decedent had his last family or principal residence. If the decedent had no such domicile in …

Letters testamentary or of administration shall not be granted after the expiration of 21 years from the decedent's death, except on the order of the court, upon cause shown.

A petition for the grant of letters testamentary or of administration shall state, under oath, so far as they are known: (1) The decedent's name, age, state or country of domicile, his last family or principal residence, and the place and day of his death. (2) If the decedent die…

(a) Fiduciary and witness.--The affidavit to a petition for the grant of letters and the oath of the fiduciary relative to the performance of his duties and, except as provided in subsection (b), the oath of a witness relative to probate of a will shall be taken before and admini…

(a) Letters testamentary.--Letters testamentary shall be granted by the register to the executor designated in the will, whether or not he has declined a trust under the will. (b) Letters of administration.--Letters of administration shall be granted by the register, in such form…

No person shall be qualified to serve as a personal representative who is: (1) Under 18 years of age. (2) A corporation not authorized to act as fiduciary in the Commonwealth. (3) A person, other than an executor designated by name or description in the will, found by the registe…

The register shall have discretion to refuse letters of administration to any individual not a resident of this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

When there is a will, but no executor qualifies, letters of administration cum testamento annexo may be granted to the person or persons entitled thereto.

When an entire vacancy occurs in the office of personal representative before administration is completed, the register, in a case of intestacy, shall grant letters of administration de bonis non, and in the case of testacy, letters de bonis non cum testamento annexo, to the pers…

Whenever the circumstances of the case require, letters of administration durante minoritate, durante absentia, or pendente lite may be granted to any fit person or persons, after such notice, if any, as the register shall require.