PRIOR PRINTER'S NO. 3561 PRINTER'S NO. 4029
No. 2552 Session of 2000
INTRODUCED BY PISTELLA, GANNON, STABACK, THOMAS, SOLOBAY,
SHANER, WALKO, LUCYK, PRESTON, FRANKEL, RAMOS, CLARK,
LEDERER, SCHRODER, YOUNGBLOOD, M. COHEN, DeLUCA, TRELLO,
DALEY, HORSEY, McILHATTAN AND SCRIMENTI, MAY 15, 2000
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 3, 2000
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 forfeiture relating to intestate succession, for granting of
4 letters testamentary and letters of administration, for
5 qualifications to serve as a personal representative, for
6 revocation of letters testamentary and letters of
7 administration and for removal of personal representative;
8 and providing for a preadjudication rule.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 3155 of Title 20 of the Pennsylvania
12 Consolidated Statutes is amended by adding a subsection to read:
13 § 3155. Persons entitled.
14 * * *
15 (d) Death charges.--Notwithstanding the provisions of
16 subsections (a) and (b), the register shall not grant letters
17 testamentary or letters of administration to any person formally <--
18 charged, whether by indictment, information or otherwise, by the
19 United States, the Commonwealth or any of the several states,
1 with homicide or manslaughter VOLUNTARY MANSLAUGHTER OR <--
2 HOMICIDE, EXCEPT HOMICIDE BY VEHICLE, in connection with a
3 decedent's death unless and until the charge is withdrawn,
4 dismissed or a verdict of not guilty is returned.
5 Section 2. Section 3156 of Title 20 is amended by adding a
6 paragraph to read:
7 § 3156. Persons not qualified.
8 No person shall be qualified to serve as a personal
9 representative who is:
10 * * *
11 (5) Formally charged, CHARGED, whether by indictment, <--
12 information or otherwise, by the United States, the
13 Commonwealth or any of the several states, with homicide or <--
14 manslaughter VOLUNTARY MANSLAUGHTER OR HOMICIDE, EXCEPT <--
15 HOMICIDE BY VEHICLE, in connection with a decedent's death
16 unless and until the charge is withdrawn, dismissed or a
17 verdict of not guilty is returned.
18 Section 3. Section 3181 of Title 20 is amended by adding a
19 subsection to read:
20 § 3181. Revocation of letters.
21 * * *
22 (c) Death charges.--Whether or not a will has been submitted
23 or admitted, the register may revoke letters testamentary or of
24 administration when it appears that the person to whom the
25 letters were granted has been formally charged with homicide or <--
26 manslaughter VOLUNTARY MANSLAUGHTER OR HOMICIDE, EXCEPT HOMICIDE <--
27 BY VEHICLE, as set forth in sections 3155 (relating to persons
28 entitled) and 3156 (relating to persons not qualified), provided
29 that the revocation shall not occur on these grounds if and when
30 the charge has been dismissed, withdrawn or terminated by a
20000H2552B4029 - 2 -
1 verdict of not guilty.
2 Section 4. Section 3182 of Title 20 is amended by adding a
3 paragraph to read:
4 § 3182. Grounds for removal.
5 The court shall have exclusive power to remove a personal
6 representative when he:
7 * * *
8 (4.1) has been formally charged with homicide or <--
9 manslaughter VOLUNTARY MANSLAUGHTER OR HOMICIDE, EXCEPT HOMICIDE <--
10 BY VEHICLE, as set forth in sections 3155 (relating to persons
11 entitled) and 3156 (relating to persons not qualified), provided
12 that the removal shall not occur on these grounds if the charge
13 has been dismissed, withdrawn or terminated by a verdict of not
14 guilty; or
15 * * *
16 Section 5. Title 20 is amended by adding a section to read:
17 § 8814.1. Preadjudication rule.
18 (a) General rule.--If a person has been formally charged, <--
19 whether by indictment, information or otherwise, by the United
20 States, the Commonwealth or any of the several states, with
21 homicide or manslaughter VOLUNTARY MANSLAUGHTER OR HOMICIDE, <--
22 EXCEPT HOMICIDE BY VEHICLE, in connection with a decedent's
23 death, then any and all property or benefit that would otherwise
24 pass to that person from the decedent's estate shall be placed
25 and preserved in escrow by the person duly appointed by the
26 register as personal representative. Upon dismissal or
27 withdrawal of the charge, or upon the return of a verdict of not
28 guilty, the property or benefit held in escrow shall pass as if
29 no charge had been filed or made. Upon conviction of the charge,
30 the property or benefit held in escrow shall pass in accordance
20000H2552B4029 - 3 -
1 with the terms and provisions of this chapter.
2 (b) Exception.--Notwithstanding subsection (a), the duly
3 appointed personal representative shall be authorized upon
4 notice to all interested parties, including, but not limited to,
5 the accused, to petition the orphans' court division of the
6 court of common pleas in the county where the estate lies for
7 payment from the escrowed funds of child support and related
8 expenses and of expenses of estate administration. Disposition
9 of the petition shall lie in the sound discretion of the court.
10 (C) NOTICE TO REGISTER OF WILLS.--WITHIN SEVEN DAYS OF <--
11 CHARGING, WHETHER BY INDICTMENT, INFORMATION OR OTHERWISE, A
12 PERSON WITH HOMICIDE OR MANSLAUGHTER THE DISTRICT ATTORNEY
13 SHALL, IN WRITING, NOTIFY THE REGISTER OF THE NAME OF THE PERSON
14 CHARGED, THE NAME OF THE DECEDENT AND THE CHARGE.
15 Section 6. This act shall take effect in 60 days.
E2L20BIL/20000H2552B4029 - 4 -