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                                                      PRINTER'S NO. 4457

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2883 Session of 2004


        INTRODUCED BY J. TAYLOR, OCTOBER 4, 2004

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, OCTOBER 4, 2004

                                     AN ACT

     1  Amending Title 20 (Decedents, Estates and Fiduciaries) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     person entitled to letters of administration.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3155(b) and (c) of Title 20 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 3155.  Persons entitled.
     9     * * *
    10     (b)  Letters of administration.--Letters of administration
    11  shall be granted by the register, in such form as the case shall
    12  require, to one or more of those hereinafter mentioned and,
    13  except for good cause, in the following order:
    14         (1)  Those entitled to the residuary estate under the
    15     will.
    16         (2)  The surviving spouse.
    17         (3)  Those entitled under the intestate law as the
    18     register, in his discretion, shall judge will best administer

     1     the estate, giving preference, however, according to the
     2     sizes of the shares of those in this class.
     3         (4)  The principal creditors of the decedent at the time
     4     of his death.
     5         (5)  Other fit persons.
     6         (6)  If anyone of the foregoing shall renounce his right
     7     to letters of administration, the register, in his
     8     discretion, may appoint a nominee of the person so renouncing
     9     in preference to the persons set forth in any succeeding
    10     paragraph.
    11         (7)  A guardianship support agency serving as guardian of
    12     an incapacitated person who dies during the guardianship
    13     administered pursuant to Subchapter F of Chapter 55 (relating
    14     to guardianship support).
    15         (8)  A nonprofit corporation organized for community
    16     development purposes.
    17     (c)  Time limitation.--Except with the consent of those
    18  enumerated in [paragraphs] subsection (b)(1), (2) and (3), no
    19  letters shall be issued to [those enumerated in paragraphs (4)
    20  and (5) of subsection (b)]:
    21         (1)  Those enumerated in subsection (b)(4) and (5) until
    22     seven days after the decedent's death.
    23         (2)  Those enumerated in subsection (b)(8) until 30 days
    24     after the decedent's death.
    25     * * *
    26     Section 2.  This act shall take effect in 60 days.



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