| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY STEVENSON, AUMENT, BAKER, BLOOM, BOYD, CLYMER, D. COSTA, CREIGHTON, CUTLER, DeLUCA, EVERETT, FARRY, FLECK, GEIST, GEORGE, GIBBONS, GILLEN, GINGRICH, HARHART, HARRIS, HEFFLEY, HENNESSEY, HESS, HORNAMAN, KAUFFMAN, M. K. KELLER, KILLION, LONGIETTI, MAJOR, MARSHALL, MARSICO, MILLARD, MILLER, MILNE, MOUL, MURT, O'NEILL, PICKETT, PYLE, READSHAW, REICHLEY, ROCK, SCAVELLO, STERN, SWANGER, VULAKOVICH AND WATSON, APRIL 8, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | settlement of small estates on petition, for estates not |
4 | exceeding $25,000 and for when guardian unnecessary. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Sections 3102, 3531 and 5101 of Title 20 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 3102. Settlement of small estates on petition. |
10 | When any person dies domiciled in the Commonwealth owning |
11 | property (exclusive of real estate and of property payable under |
12 | section 3101 (relating to payments to family and funeral |
13 | directors), but including personal property claimed as the |
14 | family exemption) of a gross value not exceeding [$25,000] |
15 | $50,000, the orphans' court division of the county wherein the |
16 | decedent was domiciled at the time of his death, upon petition |
|
1 | of any party in interest, in its discretion, with or without |
2 | appraisement, and with such notice as the court shall direct, |
3 | and whether or not letters have been issued or a will probated, |
4 | may direct distribution of the property (including property not |
5 | paid under section 3101) to the parties entitled thereto. The |
6 | authority of the court to award distribution of personal |
7 | property under this section shall not be restricted because of |
8 | the decedent's ownership of real estate, regardless of its |
9 | value. The decree of distribution so made shall constitute |
10 | sufficient authority to all transfer agents, registrars and |
11 | others dealing with the property of the estate to recognize the |
12 | persons named therein as entitled to receive the property to be |
13 | distributed without administration, and shall in all respects |
14 | have the same effect as a decree of distribution after an |
15 | accounting by a personal representative. Within one year after |
16 | such a decree of distribution has been made, any party in |
17 | interest may file a petition to revoke it because an improper |
18 | distribution has been ordered. If the court shall find that an |
19 | improper distribution has been ordered, it shall revoke the |
20 | decree and shall direct restitution as equity and justice shall |
21 | require. |
22 | § 3531. Estates not exceeding [$25,000] $50,000. |
23 | When the gross real and personal estate of a decedent does |
24 | not exceed the value of [$25,000] $50,000, the personal |
25 | representative, after the expiration of one year from the date |
26 | of the first complete advertisement of the grant of letters, may |
27 | present his petition to the court with an annexed account |
28 | showing the administration of the estate, the distribution |
29 | theretofore made and suggesting the proper distribution of the |
30 | estate not theretofore distributed. Thereupon, the court, upon |
|
1 | satisfactory proof of notice to all known parties in interest, |
2 | may approve the distribution theretofore made and order |
3 | distribution of the assets not theretofore distributed and |
4 | discharge the personal representative and his sureties from |
5 | future liability without the expense of proceedings as in a |
6 | formal account. The court may discharge only the surety from |
7 | future liability, and may allow the personal representative to |
8 | continue without surety upon condition that no further assets |
9 | shall come into the possession of the personal representative |
10 | until he files another bond, with sufficient surety, as required |
11 | by the register. |
12 | § 5101. When guardian unnecessary. |
13 | When the entire real and personal estate, wherever located of |
14 | a resident or nonresident minor has a net value of [$25,000] |
15 | $50,000 or less, all or any part of it may be received and held |
16 | or disposed of by the minor, or by the parent or other person |
17 | maintaining the minor, without the appointment of a guardian or |
18 | the entry of security, in any of the following circumstances: |
19 | (1) Award from decedent's estate or trust.--When the |
20 | court having jurisdiction of a decedent's estate or of a |
21 | trust in awarding the interest of the minor shall so direct. |
22 | (2) Interest in real estate.--When the court having |
23 | jurisdiction to direct the sale or mortgage of real estate in |
24 | which the minor has an interest shall so direct as to the |
25 | minor's interest in the real estate. |
26 | (3) Other circumstances.--In all other circumstances, |
27 | when the court which would have had jurisdiction to appoint a |
28 | guardian of the estate of the minor shall so direct. |
29 | Section 2. This act shall take effect in 60 days. |
|