20 Pennsylvania Consolidated Statutes Chapter 31 - Dispositions Independent Of Letters; Family Exemption; Probate Of Wills And Grant Of Letters

• Chapter Notes

Subchapter A.  Dispositions Independent of Letters

• Section 3101 - Payments To Family And Funeral Directors
  (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,...
• Section 3102 - Settlement Of Small Estates On Petition
  When any person dies domiciled in the Commonwealth owning property (exclusive of real estate and of property payable under section 3101 (relating to payments...

Subchapter B.  Family Exemption

• Section 3121 - When Allowable
  The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then...
• Section 3122 - Payment Or Delivery Of Exemption
  (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...
• Section 3123 - Payment From Real Estate
  (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...
• Section 3124 - Income
  When the family exemption does not exhaust the entire real and personal estate, the income of the estate shall be equitably prorated among the...
• Section 3125 - Other Remedies
  The surviving spouse, child or children, parent or parents may also collect the exemption out of real and personal estate, together with income thereon,...
• Section 3126 - Grantee Or Lienholder
  (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...

Subchapter C.  Probate

• Section 3131 - Place Of Probate
  The will of a decedent domiciled in the Commonwealth at the time of his death shall be probated only before the register of the...
• Section 3132 - Manner Of Probate
  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...
• Section 3132.1 - Self-proved Wills
  (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...
• Section 3133 - Limit Of Time For Probate
  (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...
• Section 3134 - Nuncupative Wills (Repealed)
  § 3134. Nuncupative wills (Repealed). 1974 Repeal. Section 3134 was repealed December 10, 1974, P.L.867, No.293, effective immediately.
• Section 3135 - Wills In Foreign Language
  A writing not in English shall not be filed for probate or for any other purpose in the office of the register unless there...
• Section 3136 - Wills Probated Outside The Commonwealth
  A duly authenticated copy of a will proved outside of the Commonwealth according to the law of the place of probate may be offered...
• Section 3137 - Enforcing Production Of Will
  The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control...
• Section 3138 - Later Will Or Codicil
  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...

Subchapter D.  Grant of Letters

• Section 3151 - Proper County
  Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted...
• Section 3152 - When 21 Years Elapsed
  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...
• Section 3153 - Contents Of Petition
  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...
• Section 3154 - Affidavit And Oath
  (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...
• Section 3155 - Persons Entitled
  (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...
• Section 3156 - Persons Not Qualified
  No person shall be qualified to serve as a personal representative who is: (1) Under 18 years of age. (2) A corporation not authorized...
• Section 3157 - Nonresidents
  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,...
• Section 3158 - Letters Of Administration C. T. A
  § 3158. Letters of administration C.T.A. When there is a will, but no executor qualifies, letters of administration cum testamento annexo may be granted...
• Section 3159 - Letters Of Administration D. B. N. Or D. B. N. C. T. A
  § 3159. Letters of administration D.B.N. or D.B.N.C.T.A. When an entire vacancy occurs in the office of personal representative before administration is completed, the...
• Section 3160 - Letters Of Administration Durante Minoritate, Durante Absentia, And Pendente Lite
  Whenever the circumstances of the case require, letters of administration durante minoritate, durante absentia, or pendente lite may be granted to any fit person...
• Section 3161 - Oath Of Personal Representative
  Before letters shall be granted to a personal representative by the register, the personal representative shall swear that he will well and truly administer...
• Section 3162 - Advertisement Of Grant Of Letters
  (a) Notice generally.--The personal representative, immediately after the grant of letters, shall cause notice thereof to be given in one newspaper of general circulation...

Subchapter E.  Personal Representative; Bond

• Section 3171 - Individual Estate
  Except as hereinafter provided, before letters shall be granted to any personal representative, he shall execute and file a bond which shall be in...
• Section 3172 - Register's Responsibility
  If any register shall grant letters without having taken such bond as is required by law, he and his surety shall be liable to...
• Section 3173 - Fiduciary Estate
  The register, in his discretion, upon the application of any party in interest, in addition to any bond required for the decedent's individual estate,...
• Section 3174 - When Not Required
  (a) Corporate personal representative.--No bond shall be required of: (1) A bank and trust company or of a trust company incorporated in this Commonwealth....
• Section 3175 - Requiring Or Changing Amount Of Bond
  The court, upon cause shown and after such notice, if any, as it shall direct, may require a surety bond, or increase or decrease...

Subchapter F.  Personal Representative; Revocation of Letters; Removal and Discharge

• Section 3181 - Revocation Of Letters
  (a) When no will.--The register may revoke letters of administration granted by him whenever it appears that the person to whom the letters were...
• Section 3182 - Grounds For Removal
  The court shall have exclusive power to remove a personal representative when he: (1) is wasting or mismanaging the estate, is or is likely...
• Section 3183 - Procedure For And Effect Of Removal
  The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the...
• Section 3184 - Discharge Of Personal Representative And Surety
  After confirmation of his final account and distribution to the parties entitled, a personal representative and his surety may be discharged by the court...

Last modified: October 8, 2016