AN ACT

 

1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for 
<-3payments to family and funeral directors, for settlement of
4small estates on petition and for estates not exceeding
5$25,000.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Sections <-3101(b) and (c), 3102 and 3531 of Title
920 of the Pennsylvania Consolidated Statutes are amended to
10read:

<-11§ 3101. Payments to family and funeral directors.

12* * *

13(b) Deposit account.--Any bank, savings association, savings
14and loan association, building and loan association, credit
15union or other savings organization, at any time after the death
16of a depositor, member or certificate holder, [may] shall pay

1the amount on deposit or represented by the certificate, when
2the total standing to the credit of the decedent in that
3institution does not exceed [$3,500] $10,000, to the spouse, any
4child, the father or mother or any sister or brother (preference
5being given in the order named) of the deceased depositor,
6member or certificate holder, provided that a receipted funeral
7bill or an affidavit, executed by a licensed funeral director
8which sets forth that satisfactory arrangements for payment of
9funeral services have been made, is presented. Any bank,
10association, union or other savings organization making such a
11payment shall be released to the same extent as if payment had
12been made to a duly appointed personal representative of the
13decedent and it shall not be required to see to the application
14thereof. Any person to whom payment is made shall be answerable
15therefor to anyone prejudiced by an improper distribution.

16(c) Patient's care account.--When the decedent was a
17qualified recipient of medical assistance from the Department of
18Public Welfare, the facility in which he was a patient may make
19payment of funds, if any, remaining in the patient's care
20account, for the decedent's burial expenses to a licensed
21funeral director in an amount not exceeding [$3,500] $10,000
22whether or not a personal representative has been appointed.
23After the payment of decedent's burial expenses, the facility
24may pay the balance of decedent's patient's care account, as
25long as the payments including the payment for burial expenses
26does not exceed [$4,000] $10,000, to the spouse, any child, the
27father or mother or any sister or brother (preference being
28given in the order named) of the deceased patient. Any facility
29making such a payment shall be released to the same extent as if
30payment had been made to a duly appointed personal

1representative of the decedent and it shall not be required to
2see to the application thereof. Any licensed funeral director or
3other person to whom payment is made shall be answerable
4therefor to anyone prejudiced by an improper distribution.

5* * *

6§ 3102. Settlement of small estates on petition.

7When any person dies domiciled in the Commonwealth owning
8property (exclusive of real estate and of property payable under
9section 3101 (relating to payments to family and funeral
10directors), but including personal property claimed as the
11family exemption) of a gross value not exceeding [$25,000]
12$50,000, the orphans' court division of the county wherein the
13decedent was domiciled at the time of his death, upon petition
14of any party in interest, in its discretion, with or without
15appraisement, and with such notice as the court shall direct,
16and whether or not letters have been issued or a will probated,
17may direct distribution of the property (including property not
18paid under section 3101) to the parties entitled thereto. The
19authority of the court to award distribution of personal
20property under this section shall not be restricted because of
21the decedent's ownership of real estate, regardless of its
22value. The decree of distribution so made shall constitute
23sufficient authority to all transfer agents, registrars and
24others dealing with the property of the estate to recognize the
25persons named therein as entitled to receive the property to be
26distributed without administration, and shall in all respects
27have the same effect as a decree of distribution after an
28accounting by a personal representative. Within one year after
29such a decree of distribution has been made, any party in
30interest may file a petition to revoke it because an improper

1distribution has been ordered. If the court shall find that an
2improper distribution has been ordered, it shall revoke the
3decree and shall direct restitution as equity and justice shall
4require.

5§ 3531. Estates not exceeding [$25,000] $50,000.

6When the gross real and personal estate of a decedent does
7not exceed the value of [$25,000] $50,000, the personal
8representative, after the expiration of one year from the date
9of the first complete advertisement of the grant of letters, may
10present his petition to the court with an annexed account
11showing the administration of the estate, the distribution
12theretofore made and suggesting the proper distribution of the
13estate not theretofore distributed. Thereupon, the court, upon
14satisfactory proof of notice to all known parties in interest,
15may approve the distribution theretofore made and order
16distribution of the assets not theretofore distributed and
17discharge the personal representative and his sureties from
18future liability without the expense of proceedings as in a
19formal account. The court may discharge only the surety from
20future liability, and may allow the personal representative to
21continue without surety upon condition that no further assets
22shall come into the possession of the personal representative
23until he files another bond, with sufficient surety, as required
24by the register.

25Section 2. The amendment of 20 Pa.C.S. §§ <-3101(b) and (c), 
263102 and 3531 shall apply to estates of decedents dying on or
27after the effective date of this section.

28Section 3. This act shall take effect in 60 days.