THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY COSTA, HUGHES, KITCHEN, STOUT, FONTANA, TARTAGLIONE, RAFFERTY, O'PAKE, LOGAN, TOMLINSON, BOSCOLA, GREENLEAF, BROWNE, EARLL AND FERLO, FEBRUARY 19, 2009

REFERRED TO JUDICIARY, FEBRUARY 19, 2009  

AN ACT

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

Pennsylvania Consolidated Statutes, further providing for

payments to family and funeral directors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3101(b) and (c) of Title 20 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3101.  Payments to family and funeral directors.

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(b)  Deposit account.--Any bank, savings association, savings

and loan association, building and loan association, credit

union or other savings organization, at any time after the death

of a depositor, member or certificate holder, may pay the amount

on deposit or represented by the certificate, when the total

standing to the credit of the decedent in that institution does

not exceed [$3,500] $10,000, to the spouse, any child, the

father or mother or any sister or brother (preference being

given in the order named) of the deceased depositor, member or

certificate holder, provided that a receipted funeral bill or an

affidavit, executed by a licensed funeral director which sets

forth that satisfactory arrangements for payment of funeral

services have been made, is presented. Any bank, association,

union or other savings organization making such a payment shall

be released to the same extent as if payment had been made to a

duly appointed personal representative of the decedent and it

shall not be required to see to the application thereof. Any

person to whom payment is made shall be answerable therefor to

anyone prejudiced by an improper distribution.

(c)  Patient's care account.--When the decedent was a

qualified recipient of medical assistance from the Department of

Public Welfare, the facility in which he was a patient may make

payment of funds, if any, remaining in the patient's care

account, for the decedent's burial expenses to a licensed

funeral director in an amount not exceeding [$3,500] $10,000 

whether or not a personal representative has been appointed.

After the payment of decedent's burial expenses, the facility

may pay the balance of decedent's patient's care account, as

long as the payments including the payment for burial expenses

does not exceed [$4,000] $10,000, to the spouse, any child, the

father or mother or any sister or brother (preference being

given in the order named) of the deceased patient. Any facility

making such a payment shall be released to the same extent as if

payment had been made to a duly appointed personal

representative of the decedent and it shall not be required to

see to the application thereof. Any licensed funeral director or

other person to whom payment is made shall be answerable

therefor to anyone prejudiced by an improper distribution.

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