20 Pennsylvania Consolidated Statutes Chapter 33 - Administration And Personal Representatives
Subchapter A. Inventory
Subchapter B. Personal Representatives; Powers, Duties and Liabilities
- Section 3311 - Possession Of Real And Personal Estate; Exception
(a) Personal representative.--A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate...
- Section 3312 - Renunciation Of Right To Administer Property
When any property is of no value to the estate, the court may authorize the personal representative to renounce his right to administer it.
- Section 3313 - Liability Insurance
The personal representative, at the expense of the estate, may protect himself, his employees and the beneficiaries by insurance from liability to third persons...
- Section 3314 - Continuation Of Business
The court, aided by the report of a master if necessary, may authorize the personal representative to continue any business of the estate for...
- Section 3315 - Incorporation Of Estate's Business
After notice to all parties in interest, aided by the report of a master if necessary, the court, unless restricted by the terms of...
- Section 3316 - Investment Of Funds
Subject to his duty to liquidate the estate for prompt distribution and to the provisions of the will, if any, the personal representative may...
- Section 3316.1 - Set-aside
A personal representative may, without court approval, set aside property in a separate fund prior to actual distribution, after which income earned on the...
- Section 3317 - Claims Against Co-fiduciary
When one of two or more personal representatives shall be individually liable to the estate, the other or others shall take any legal action...
- Section 3318 - Revival Of Judgments Against Personal Representative
When the estate holds a judgment which is a lien on the real estate of the personal representative, any party in interest may suggest...
- Section 3319 - Power Of Attorney; Delegation Of Power Over Subscription Rights And Fractional Shares; Authorized Delegations
(a) Power of attorney.--A personal representative may convey real estate, transfer title to personal estate, or perform any other act of administration by an...
- Section 3320 - Voting Stock By Proxy
The personal representatives or a majority of them, either in person or by proxy, may vote stock owned by the estate. Cross References. Section...
- Section 3321 - Nominee Registration; Corporate Fiduciary As Agent; Deposit Of Securities In A Clearing Corporation; Book-entry Securities
(a) Corporate personal representative.--A bank and trust company or a trust company incorporated in the Commonwealth, or a national bank with trust powers having...
- Section 3322 - Acceptance Of Deed In Lieu Of Foreclosure
The personal representative may take for the estate from the owner of property encumbered by a mortgage owned by the estate, a deed in...
- Section 3323 - Compromise Of Controversies
(a) In general.--Whenever it shall be proposed to compromise or settle any claim, whether in suit or not, by or against an estate, or...
- Section 3324 - Death Or Incapacity Of Fiduciary
The personal representative of the estate of a deceased fiduciary or the guardian of an adjudged incapacitated fiduciary by reason of his position shall...
- Section 3325 - Administrator C. T. A
§ 3325. Administrator C.T.A. An administrator with the will annexed shall have all the powers given by the will to the executor, unless otherwise...
- Section 3326 - Administrator D. B. N. And D. B. N. C. T. A
§ 3326. Administrator D.B.N. and D.B.N.C.T.A. An administrator de bonis non, with or without a will annexed, shall have the power to recover the...
- Section 3327 - Surviving Or Remaining Personal Representatives
Surviving or remaining personal representatives shall have all the powers of the original personal representatives, unless otherwise provided by the governing instrument. Cross References....
- Section 3328 - Disagreement Of Personal Representatives
(a) Decision of majority.--If a dispute shall arise among personal representatives, the decision of the majority shall control unless otherwise provided by the governing...
- Section 3329 - Effect Of Revocation Of Letters, Probate Of Will, Later Will Or Codicil
No act of administration performed by a personal representative in good faith shall be impeached by the subsequent revocation of his letters or by...
- Section 3330 - Notice Of Devise Or Bequest To Corporation Or Association
A personal representative to whom original letters are granted shall send a written notice, within three months after the grant of letters, to each...
- Section 3331 - Liability Of Personal Representative On Contracts
Unless he expressly contracts otherwise, in writing, a personal representative shall not be personally liable on any written contract which is within his authority...
- Section 3332 - Inherent Powers And Duties
Except as otherwise provided in this title, nothing in this title shall be construed to limit the inherent powers and duties of a personal...
Subchapter C. Sales, Pledges, Mortgages, Leases, Options and Exchanges
- Section 3351 - Power To Sell
Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, any personal property whether specifically...
- Section 3352 - Power To Lease
Except as otherwise provided by the will, if any, the personal representative may lease any real or personal property which he is entitled to...
- Section 3353 - Order Of Court
When the personal representative is not authorized to do so by this title or is denied the power to do so by the governing...
- Section 3354 - Power Given In Governing Instrument
A testamentary power given in the governing instrument to sell, unless expressly restricted, shall include the power to sell at public or private sale...
- Section 3355 - Restraint Of Sale
The court, on its own motion or upon application of any party in interest, in its discretion, may restrain a personal representative from making...
- Section 3356 - Purchase By Personal Representative
In addition to any right conferred by a governing instrument, if any, the personal representative, in his individual capacity, may bid for, purchase, take...
- Section 3357 - Title Of Purchaser
(a) General rule.--If the personal representative has given such bond, if any, as shall be required in accordance with this title, any sale, mortgage,...
- Section 3358 - Collateral Attack
No decree entered pursuant to this title shall be subject to collateral attack on account of any irregularity if the court which entered it...
- Section 3359 - Record Of Proceedings; County Where Real Estate Lies
Certified copies of proceedings of any court of the Commonwealth relating to or affecting real estate may be recorded in the office for the...
- Section 3360 - Contracts, Inadequacy Of Consideration Or Better Offer; Brokers' Commissions
(a) Inadequacy of consideration or better offer.--When a personal representative shall make a contract not requiring approval of court, or when the court shall...
Subchapter D. Abatement, Survival and Control of Actions
Subchapter E. Claims; Charges; Rights of Creditors
- Section 3381 - Liens And Charges Existing At Death Not Impaired
Nothing in this title shall be construed as impairing any lien or charge on real or personal estate of the decedent which existed at...
- Section 3382 - Judgments Which Are Liens At Death
Any judgment which at the decedent's death was a lien on real estate then owned by him or on real estate which he had...
- Section 3383 - Statutes Of Limitations; Claims Not Barred At Death
The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim...
- Section 3384 - Notice Of Claim
(a) Written notice.--Written notice of any claim against a decedent given to the personal representative or his attorney of record before the claim is...
- Section 3384.1 - Notice After Settlor Of Revocable Trust Has Died
No later than 30 days after the date on which the trustee of a revocable trust learns that a personal representative has been appointed...
- Section 3385 - Limitation Upon Claims
All claims against the decedent, subject only to the provisions of section 3381 (relating to liens and charges existing at death not impaired) and...
- Section 3386 - Failure To Present Claim At Audit
If any claimant whose claim is not reported to the court by the personal representative as an admitted claim shall fail to present it...
- Section 3387 - Claims Not Due; Certain To Become Due
Upon satisfactory proof or admission of a claim which is not due but certain to become due, the court may provide for payment by...
- Section 3388 - Claims Not Certain To Become Due
Upon satisfactory proof or admission of a claim which may or may not become due at a future time, the court may provide for...
- Section 3389 - Claims Subject To Litigation In Other Courts
When any claim not proved in the orphans' court division is being litigated in any other division or court, State or Federal, having jurisdiction...
- Section 3390 - Specific Performance Of Contracts
(a) Application to court.--If any person makes a legally binding agreement to purchase or sell real or personal estate and dies before its consummation,...
- Section 3391 - Proceeding Against Personal Representative
Any proceeding may be brought against a personal representative or the surety on his bond in the county where his letters have been granted,...
- Section 3392 - Classification And Order Of Payment
If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any...
- Section 3393 - Notice To Commonwealth And Political Subdivisions
When the Commonwealth or a political subdivision thereof has a claim for maintaining in an institution a person who has died in the institution,...
Last modified: October 8, 2016