THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEVENSON, BAKER, CLYMER, CREIGHTON, CUTLER, DALLY, DeLUCA, EVERETT, FAIRCHILD, GEORGE, GIBBONS, GINGRICH, HARPER, HELM, HENNESSEY, HESS, HORNAMAN, M. KELLER, KILLION, KORTZ, KOTIK, LONGIETTI, MAJOR, MARSICO, MILLARD, MILLER, MILNE, MURT, O'NEILL, PHILLIPS, PICKETT, PYLE, REICHLEY, ROAE, ROHRER, ROSS, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, SWANGER, J. TAYLOR, VULAKOVICH, WATSON AND YOUNGBLOOD, MAY 12, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2009  

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, further providing for

settlement of small estates on petition, for estates not

exceeding $25,000 and for when guardian unnecessary.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3102, 3531 and 5101 of Title 20 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 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 to family and funeral

directors), but including personal property claimed as the

family exemption) of a gross value not exceeding [$25,000]

$50,000, the orphans' court division of the county wherein the

decedent was domiciled at the time of his death, upon petition

of any party in interest, in its discretion, with or without

appraisement, and with such notice as the court shall direct,

and whether or not letters have been issued or a will probated,

may direct distribution of the property (including property not

paid under section 3101) to the parties entitled thereto. The

authority of the court to award distribution of personal

property under this section shall not be restricted because of

the decedent's ownership of real estate, regardless of its

value. The decree of distribution so made shall constitute

sufficient authority to all transfer agents, registrars and

others dealing with the property of the estate to recognize the

persons named therein as entitled to receive the property to be

distributed without administration, and shall in all respects

have the same effect as a decree of distribution after an

accounting by a personal representative. Within one year after

such a decree of distribution has been made, any party in

interest may file a petition to revoke it because an improper

distribution has been ordered. If the court shall find that an

improper distribution has been ordered, it shall revoke the

decree and shall direct restitution as equity and justice shall

require.

§ 3531.  Estates not exceeding [$25,000] $50,000.

When the gross real and personal estate of a decedent does

not exceed the value of [$25,000] $50,000, the personal

representative, after the expiration of one year from the date

of the first complete advertisement of the grant of letters, may

present his petition to the court with an annexed account

showing the administration of the estate, the distribution

theretofore made and suggesting the proper distribution of the

estate not theretofore distributed. Thereupon, the court, upon

satisfactory proof of notice to all known parties in interest,

may approve the distribution theretofore made and order

distribution of the assets not theretofore distributed and

discharge the personal representative and his sureties from

future liability without the expense of proceedings as in a

formal account. The court may discharge only the surety from

future liability, and may allow the personal representative to

continue without surety upon condition that no further assets

shall come into the possession of the personal representative

until he files another bond, with sufficient surety, as required

by the register.

§ 5101.  When guardian unnecessary.

When the entire real and personal estate, wherever located of

a resident or nonresident minor has a net value of [$25,000]

$50,000 or less, all or any part of it may be received and held

or disposed of by the minor, or by the parent or other person

maintaining the minor, without the appointment of a guardian or

the entry of security, in any of the following circumstances:

(1)  Award from decedent's estate or trust.--When the

court having jurisdiction of a decedent's estate or of a

trust in awarding the interest of the minor shall so direct.

(2)  Interest in real estate.--When the court having

jurisdiction to direct the sale or mortgage of real estate in

which the minor has an interest shall so direct as to the

minor's interest in the real estate.

(3)  Other circumstances.--In all other circumstances,

when the court which would have had jurisdiction to appoint a

guardian of the estate of the minor shall so direct.

Section 2.  This act shall take effect in 60 days.