Title 20, DECEDENTS, ESTATES AND FIDUCIARIES

Within the county for which he has been elected or appointed, the register shall have jurisdiction of the probate of wills, the grant of letters to a personal representative, and any other matter as provided by law. Cross References. Section 901 is referred to in section 3908 of …

Every register shall appoint a deputy or two deputies who shall have power to perform the duties of the office in his behalf and for whose conduct he and his surety shall be accountable. In case of a vacancy in the office of register, the first deputy shall exercise all the power…

The register shall have power to: (1) Subpoenas.--Issue a subpoena to any person in any county of the Commonwealth to appear or produce papers or records before him. (2) Administering oaths.--Administer oaths and affirmations to parties and witnesses appearing before him and to d…

Witnesses appearing before the register in obedience to the register's subpoena shall be entitled to the same fees and mileage as are allowed by law to witnesses in the orphans' court division.

Should any person refuse to comply with any subpoena or order of the register or to pay all costs, the register shall forthwith certify the record of the proceedings to the court. The court, upon petition of any party in interest, shall compel payment of the costs and shall enfor…

(a) Bond.--When a caveat has been filed, the register shall not delay the probate of a will or the grant of letters for more than ten days after the filing of the petition for probate or for the grant of letters, or after the filing of the caveat, whichever shall be later, unless…

Whenever a caveat shall be filed or a dispute shall arise before the register concerning the probate of a will, the grant of letters or the performance of any other function by the register, he may certify, or the court upon petition of any party in interest may direct the regist…

(a) When allowed.--Any party in interest seeking to challenge the probate of a will or who is otherwise aggrieved by a decree of the register, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the court within one year of the decree: Provided, That the…

1978 Repeal. Section 909 was repealed April 28, 1978, P.L.202, No.53, effective in one year.

All accounts filed with the register shall be transmitted to the court for audit and confirmation on dates fixed by the court by general rule or special order and shall be advertised as required by law.

Except as provided otherwise in section 3154 (relating to affidavit and oath), applications and documents submitted to the register for which attestation is required may be attested either by an affidavit or by a verified statement. In case of the latter alternative, the statemen…

All probated wills shall be indexed and recorded by the register, and shall remain in his office, except for the period required to be in the custody of a higher court. The recording may be accomplished by photographic or other mechanical process.

The register shall index and record all inventories filed with him. The recording may be accomplished by photographic or other mechanical process. (Dec. 10, 1974, P.L.867, No.293, eff. imd.)

Every register upon the request of any person paying the fee therefor, shall make and certify under the seal of his office true copies of his records or of papers filed with him or of proceedings before him. Such certified copies shall be as good evidence as the original in any j…

Copies of wills and probate proceedings and records of the grant of letters of administration and proceedings relating thereto, duly certified by the register, may be filed in the office of the register in any county where real estate of the decedent is located. The register with…

Where it is not necessary to have letters granted to administer a decedent's estate but it is desired to have a public record of his death, a certificate of death may be filed with the register except that where a certificate of death cannot be obtained the affidavit of a relativ…

(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will. (b) Modification by decedent's will.--A decedent by will may expressly exc…

The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the…

(a) Order of succession.--The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the dec…

The provisions of this chapter shall be applied to both real and personal estate in accordance with the following rules: (1) Taking in different degrees.--The shares passing under this chapter to the issue of the decedent, to the issue of his parents or grandparents or to his unc…

(a) Widow.--The share of the estate to which a widow is entitled under this title shall be in lieu and full satisfaction of her dower at common law. (b) Surviving husband.--The share of the estate to which a surviving husband is entitled under this title shall be in lieu and full…

(a) Spouse's share.-- (1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, s…

(a) Child of mother.--For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his mother. (b) Marriage of parents.--(Deleted by amendment). (c) Child of father.--For purposes of descent by, from and through a person born out …

For purposes of inheritance by, from and through an adopted person he shall be considered the issue of his adopting parent or parents. An adopted person shall not be considered as continuing to be the child or issue of his natural parents except in distributing the estate of a na…

1976 Repeal. Section 2109 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

If a person dies intestate as to all or any part of his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a writing by the decedent or acknowledged in writing by the heir to be an ad…

The allowance shall be set aside and awarded in distribution to the surviving spouse, or his successor in interest, in the same manner as other distributive shares of the estate are awarded, without any right in the surviving spouse to choose particular real or personal property …

1978 Repeal. Section 2111 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

1976 Repeal. Section 2112 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

1976 Repeal. Section 2113 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

1976 Repeal. Section 2114 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

As used in this chapter, unless the context clearly indicates otherwise, "conveyance" means an act by which it is intended to create an interest in real or personal property whether the act is intended to have inter vivos or testamentary operation.

When a married person not domiciled in this Commonwealth dies, the rights, if any, of his surviving spouse to an elective share in property in this Commonwealth are governed by the laws of the decedent's domicile at death, but the rights of the electing spouse shall be subject to…

(a) Property subject to election.--Except as provided in subsection (c), when a married person domiciled in this Commonwealth dies, his surviving spouse has a right to an elective share of one-third of the following property: (1) Property passing from the decedent by will or inte…

(a) Disclaimers.--Except as provided in subsections (b) and (c), an election by a spouse to take his elective share shall be deemed a disclaimer of any beneficial interest of the spouse in the following, to the extent that such interest would otherwise be payable to or enjoyed by…

Conveyances and contracts made by the decedent are excluded from the provisions of section 2203 (relating to right of election; resident decedent) and section 2204 (relating to disclaimers, releases and charges against elective share), to the extent that the decedent received ade…

The right of election of the surviving spouse may be exercised in whole or in part only during his lifetime by him or by his agent in accordance with section 5603(d) (relating to implementation of power of attorney). In the case of a minor spouse, the right of election may be exe…

The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage or before or after the death of the decedent.

A surviving spouse who under the provisions of section 2106 (relating to forfeiture) would not be entitled to a share of the decedent's estate had he died intestate shall have no right of election.

A person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under this chapter other than the creation of his status as the surviving spouse. (Feb. 18, 1982, P.L.45, No.26, eff. imd.)

(a) How election made.--A surviving spouse's election to take or not to take his elective share shall be by a writing signed by him and filed with the clerk of the orphans' court division of the county where the decedent died domiciled. Notice of the election shall be given to th…

(a) Power of court of domicile.--After notice and hearing, the orphans' court division of the county of the decedent's domicile shall determine all matters concerning the spouse's election, including the interests and liabilities of the spouse and others in or with respect to all…

Any person 18 or more years of age who is of sound mind may make a will. (Dec. 6, 1972, P.L.1461, No.331; Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.)

Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions: (1) Words following signature.--The presence of any writing after the signature to a will, whether written before or after its execution, shall no…

1974 Repeal. Section 2503 was repealed December 10, 1974, P.L.867, No.293, effective immediately.