PRIOR PRINTER'S NO. 793 PRINTER'S NO. 1238
No. 665 Session of 2005
INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, EARLL, COSTA, M. WHITE, O'PAKE, THOMPSON AND WOZNIAK, MAY 10, 2005
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER 18, 2005
AN ACT 1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the 2 Pennsylvania Consolidated Statutes, further providing for the 3 grant of limited letters of administration and for the <-- 4 administration of estates. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 3153 and 3155 of Title 20 of the <-- 8 Pennsylvania Consolidated Statutes are amended to read: 9 § 3153. Contents of petition. 10 (a) General rule.--A petition for the grant of letters 11 testamentary or of administration shall state, under oath, so 12 far as they are known: 13 (1) The decedent's name, age, state or country of 14 domicile, his last family or principal residence, and the 15 place and day of his death. 16 (2) If the decedent died intestate, the name and 17 residence address of the surviving spouse, if any, and the 18 names, relationships and residence addresses of other heirs.
1 (3) If the decedent died testate, whether the will was 2 modified by the occurrence of any of the circumstances 3 delineated in section 2507 (relating to modification by 4 circumstances). 5 (4) If the decedent was domiciled in the Commonwealth at 6 the time of his death, the estimated value of all his 7 personal property, and the estimated value and the location 8 of his real property situated in the Commonwealth. 9 (5) If the decedent was not domiciled in the 10 Commonwealth at the time of his death, the estimated value of 11 his personal property in the Commonwealth, the estimated 12 value of his personal property in the county in which the 13 petition is filed, and the estimated value and location of 14 his real property in the Commonwealth. 15 (6) The name and residence address of each person to 16 whom letters are requested to be granted. 17 (7) Any other facts necessary to entitle the petitioner 18 to letters. 19 (b) Limited letters of administration.--A petition for 20 limited letters of administration as provided in section 3155.1 21 (relating to limited letters of administration) shall not be 22 required to state estimated values as required under subsection 23 (a)(4) and (5). The petition shall contain the estimated value 24 and the location of the real property to be administered as well 25 as the estimated value of all personal property located in or on 26 the real property described by the petition. 27 § 3155. Persons entitled. 28 (a) Letters testamentary.--Letters testamentary shall be 29 granted by the register to the executor designated in the will, 30 whether or not he has declined a trust under the will. 20050S0665B1238 - 2 -
1 (b) Letters of administration.--Letters of administration 2 shall be granted by the register, in such form as the case shall 3 require, to one or more of those hereinafter mentioned and, 4 except for good cause, in the following order: 5 (1) Those entitled to the residuary estate under the 6 will. 7 (2) The surviving spouse. 8 (3) Those entitled under the intestate law as the 9 register, in his discretion, shall judge will best administer 10 the estate, giving preference, however, according to the 11 sizes of the shares of those in this class. 12 (4) The principal creditors of the decedent at the time 13 of his death. 14 (5) Other fit persons. 15 (6) If anyone of the foregoing shall renounce his right 16 to letters of administration, the register, in his 17 discretion, may appoint a nominee of the person so renouncing 18 in preference to the persons set forth in any succeeding 19 paragraph. 20 (7) A guardianship support agency serving as guardian of 21 an incapacitated person who dies during the guardianship 22 administered pursuant to Subchapter F of Chapter 55 (relating 23 to guardianship support). 24 (8) A redevelopment authority formed pursuant to the act 25 of May 24, 1945 (P.L.991, No.385), known as the Urban 26 Redevelopment Law. 27 (c) Time limitation.--Except with the consent of those 28 enumerated in paragraphs (1), (2) and (3), no letters shall be 29 issued to those enumerated in paragraphs (4) [and (5)], (5) or 30 (8) of subsection (b) until seven days after the decedent's 20050S0665B1238 - 3 -
1 death. 2 (d) Death charges.--Notwithstanding the provisions of 3 subsections (a) and (b), the register shall not grant letters 4 testamentary or letters of administration to any person charged, 5 whether by indictment, information or otherwise, by the United 6 States, the Commonwealth or any of the several states, with 7 voluntary manslaughter or homicide, except homicide by vehicle, 8 in connection with a decedent's death unless and until the 9 charge is withdrawn, dismissed or a verdict of not guilty is 10 returned. 11 Section 2. Title 20 is amended by adding a section to read: 12 § 3155.1. Limited letters of administration. 13 (a) Limited letters.--A redevelopment authority shall be 14 entitled to seek limited letters of administration for the 15 purpose of administering a portion of an estate consisting of 16 only the assets described in subsection (b). 17 (b) Limited estate.--A limited estate shall include only 18 real property and any fixtures or personal property remaining in 19 or on the real property and which is described in the petition 20 for limited letters of administration under section 3153(b) 21 (relating to contents of petition). 22 (c) Administration of remaining estate.--Upon completion of 23 the administration of the limited estate, the register may grant 24 letters of administration D.B.N., as provided in section 3159(b) 25 (relating to letters of administration D.B.N. or D.B.N.C.T.A.), 26 to the persons otherwise entitled thereto for the purpose of 27 administering the decedent's assets not subject to the limited 28 administration. 29 Section 3. Sections 3156, 3159, 3162, 3184, 3301, 3305, 30 3311, 3326 and 3384 of Title 20 are amended to read: 20050S0665B1238 - 4 -
1 § 3156. Persons not qualified. 2 (a) General rule.--No person shall be qualified to serve as 3 a personal representative who is: 4 (1) Under 18 years of age. 5 (2) A corporation not authorized to act as fiduciary in 6 the Commonwealth. 7 (3) A person, other than an executor designated by name 8 or description in the will, found by the register to be unfit 9 to be entrusted with the administration of the estate. 10 (4) The nominee of any beneficiary, legatee or person 11 having any interest whatsoever, when such beneficiary, 12 legatee or person is a citizen or resident of any country 13 outside the territorial limits or possessions of the United 14 States, when it shall appear doubtful to the register that in 15 the distribution of the estate any such person will have the 16 actual benefit, use, enjoyment or control of the money or 17 other property representing his share or interest therein. 18 (5) Charged, whether by indictment, information or 19 otherwise, by the United States, the Commonwealth or any of 20 the several states, with voluntary manslaughter or homicide, 21 except homicide by vehicle, in connection with a decedent's 22 death unless and until the charge is withdrawn, dismissed or 23 a verdict of not guilty is returned. 24 (b) Exception.--A redevelopment authority shall be qualified 25 to serve as a personal representative pursuant to limited 26 letters of administration. 27 § 3159. Letters of administration D.B.N. or D.B.N.C.T.A. 28 (a) General rule.--When an entire vacancy occurs in the 29 office of personal representative before administration is 30 completed, the register, in a case of intestacy, shall grant 20050S0665B1238 - 5 -
1 letters of administration de bonis non, and in the case of 2 testacy, letters de bonis non cum testamento annexo, to the 3 person or persons entitled thereto. 4 (b) Exception.--When a vacancy occurs in the office of 5 personal representative as a result of the completion of 6 administration pursuant to limited letters of administration, 7 but while the entire estate has not been administered, the 8 register shall grant letters of administration de bonis non to 9 the person or persons entitled thereto. Letters of 10 administration de bonis non granted under this subsection shall 11 only entitle the person or persons to administer that portion of 12 an estate that remains after completion of administration 13 pursuant to limited letters of administration. 14 § 3162. Advertisement of grant of letters. 15 (a) General rule.--The personal representative, immediately 16 after the grant of letters, shall cause notice thereof to be 17 given in one newspaper of general circulation published at or 18 near the place where the decedent resided or, in the case of a 19 nonresident decedent, at or near the place where the letters 20 were granted, and in the legal periodical, if any, designated by 21 rule of court for the publication of legal notices, once a week 22 for three successive weeks, together with his name and address; 23 and in every such notice, he shall request all persons having 24 claims against the estate of the decedent to make known the same 25 to him or his attorney, and all persons indebted to the decedent 26 to make payment to him without delay. 27 (b) Exception for limited letters of administration.--The 28 personal representative, immediately after the grant of limited 29 letters of administration, shall cause notice thereof to be 30 given in one newspaper of general circulation published at or 20050S0665B1238 - 6 -
1 near the place where the decedent resided or, in the case of a 2 nonresident decedent, at or near the place where the letters 3 were granted, and in the legal periodical, if any, designated by 4 rule of court for the publication of legal notices, once a week 5 for three successive weeks, together with the personal 6 representative's name and address and a description of the 7 limited estate to be administered. In every such notice, the 8 personal representative shall request all persons having claims 9 against the limited estate of the decedent to make known the 10 same to the personal representative or its attorney without 11 delay. For the purpose of this subsection, "persons having 12 claims against the limited estate" shall mean only those secured 13 creditors and lien creditors that have claims against the assets 14 of the limited estate. 15 § 3184. Discharge of personal representative and surety. 16 After confirmation of his final account and distribution to 17 the parties entitled, or after confirmation of the final account 18 of a limited estate by a personal representative granted limited 19 letters of administration, a personal representative and his 20 surety may be discharged by the court from future liability. The 21 court may discharge only the surety from future liability, 22 allowing the personal representative to continue without surety, 23 upon condition that no further assets shall come into the 24 control of the personal representative until he files another 25 bond with sufficient surety, as required by the register. 26 § 3301. Duty of personal representative. 27 (a) General assets.--Every personal representative shall 28 file with the register a verified inventory of all real and 29 personal estate of the decedent, except real estate outside of 30 this Commonwealth. An ancillary personal representative or 20050S0665B1238 - 7 -
1 personal representative granted limited letters of 2 administration shall include in the inventory only assets for 3 which he is responsible. 4 (b) Real estate outside of Commonwealth.--The inventory 5 shall include at the end a memorandum of real estate outside of 6 this Commonwealth. The memorandum, at the election of the 7 personal representative, may indicate the value of each item of 8 real estate included therein, but the values so fixed shall not 9 be extended into the total of the inventory or included as real 10 estate in subsequent accountings. 11 (c) Time for filing.--The personal representative shall file 12 his inventory no later than the date he files his account or the 13 due date, including any extension, for the filing of the 14 inheritance tax return for the estate, whichever is earlier. Any 15 party in interest in the estate may request the filing of an 16 inventory at an earlier date by writing delivered to the 17 personal representative or his attorney in which event an 18 inventory shall be filed within three months after the 19 appointment of the personal representative or within 30 days 20 after the request, whichever is later. The court, upon cause 21 shown, may direct the filing of an inventory at any time. 22 § 3305. Objections to inventory. 23 (a) General rule.--Objections to the inventory may be made 24 by any party in interest at any time up to and including the 25 time fixed by rule of court for making objections to the first 26 account of the personal representative. Such objections in the 27 discretion of the court may be heard at the audit of the 28 account. Objections to the inventory also may be made in the 29 form of objections to the account. 30 (b) Exception for limited letters of administration.--For 20050S0665B1238 - 8 -
1 the purpose of objections to the inventory of a limited estate 2 administered pursuant to limited letters of administration, 3 "party in interest" in subsection (a) shall be limited to 4 secured creditors and lien creditors that have claims against 5 the assets of the limited estate. 6 § 3311. Possession of real and personal estate; exception. 7 (a) General rule.--A personal representative shall have the 8 right to and shall take possession of, maintain and administer 9 all the real and personal estate of the decedent, except real 10 estate occupied at the time of death by an heir or devisee with 11 the consent of the decedent. He shall collect the rents and 12 income from each asset in his possession until it is sold or 13 distributed, and, during the administration of the estate, shall 14 have the right to maintain any action with respect to it and 15 shall make all reasonable expenditures necessary to preserve it. 16 The court may direct the personal representative to take 17 possession of, administer and maintain real estate so occupied 18 by an heir or a devisee if this is necessary to protect the 19 rights of claimants or other parties. Nothing in this section 20 shall affect the personal representative's power to sell real 21 estate occupied by an heir or devisee. 22 (b) Exception for limited letters of administration.--A 23 personal representative granted limited letters of 24 administration shall have the rights and authority in subsection 25 (a) only with respect to the assets of the limited estate. 26 § 3326. Administrator D.B.N. and D.B.N.C.T.A. 27 (a) General rule.--An administrator de bonis non, with or 28 without a will annexed, shall have the power to recover the 29 assets of the estate from his predecessor in administration or 30 from the personal representative of such predecessor and, except 20050S0665B1238 - 9 -
1 as the will shall provide otherwise, shall stand in his 2 predecessor's stead for all purposes, except that he shall not 3 be personally liable for the acts of his predecessor. When he 4 has been required to give bond, no proceeds of real estate shall 5 be paid to him until the court has made an order excusing him 6 from entering additional security or requiring additional 7 security, and in the latter event, only after he has entered the 8 additional security. 9 (b) Limited letters of administration.--An administrator de 10 bonis non whose letters of administration were granted pursuant 11 to section 3159(b) (relating to letters of administration D.B.N. 12 or D.B.N.C.T.A.) shall only have the power to recover any of the 13 assets of the limited estate that remain after completion of 14 administration pursuant to limited letters of administration. 15 The administrator D.B.N. shall not be personally liable for the 16 acts of the preceding administrator. When the administrator 17 D.B.N. has been required to give bond, no proceeds of real 18 estate shall be paid to it until the court has made an order 19 excusing the administrator D.B.N. from entering additional 20 security or requiring additional security, and in the latter 21 event, only after it has entered the additional security. 22 § 3384. Notice of claim. 23 (a) Written notice.--Written notice of any claim against a 24 decedent given to the personal representative or his attorney of 25 record before the claim is barred shall toll the statute of 26 limitations. 27 (a.1) Written notice concerning limited estate.--Written 28 notice of any claim against the limited estate of a decedent 29 given to the personal representative granted limited letters of 30 administration or its attorney of record before the claim is 20050S0665B1238 - 10 -
1 barred shall toll the statute of limitations. For the purposes 2 of this subsection, "claim against the limited estate" shall be 3 construed to mean only those claims by secured creditors and 4 lien creditors against the assets of the limited estate. 5 (b) Acts equivalent to written notice.--Any of the following 6 acts by a claimant shall be equivalent to the giving of written 7 notice of a claim to the personal representative: 8 (1) Instituting proceedings to compel the filing of an 9 account. 10 (2) Bringing an action against the personal 11 representative in any court having jurisdiction of the claim 12 and having the writ or pleading duly served on the personal 13 representative. 14 (3) Substituting the personal representative as a 15 defendant in an action pending against the decedent. 16 (4) Receiving a written acknowledgment by the personal 17 representative or his attorney of record of the existence of 18 the claim. 19 Section 4. Title 20 is amended by adding a section to read: 20 § 3385.1. Claims against limited estates. 21 (a) General rule.--Notwithstanding any other provisions of 22 law, no claims shall be enforceable against a limited estate 23 except claims by secured creditors or lien creditors against the 24 real and personal property of the limited estate. 25 (b) Claims by government.--Nothing in this section shall 26 preclude claims against the limited estate by the United States, 27 the Commonwealth or any political subdivision. 28 (c) Remaining estate.--Nothing in this section shall 29 preclude claims against an estate administered pursuant to 30 letters of administration de bonis non granted pursuant to 20050S0665B1238 - 11 -
1 section 3159(b) (relating to letters of administration D.B.N. or 2 D.B.N.C.T.A.). 3 Section 5. Section 3392 of Title 20 is amended to read: 4 § 3392. Classification and order of payment. 5 (a) General rule.--If the applicable assets of the estate 6 are insufficient to pay all proper charges and claims in full, 7 the personal representative, subject to any preference given by 8 law to claims due the United States, shall pay them in the 9 following order, without priority as between claims of the same 10 class: 11 (1) The costs of administration. 12 (2) The family exemption. 13 (3) The costs of the decedent's funeral and burial, and 14 the costs of medicines furnished to him within six months of 15 his death, of medical or nursing services performed for him 16 within that time, of hospital services including maintenance 17 provided him within that time, and of services performed for 18 him by any of his employees within that time. 19 (4) The cost of a gravemarker. 20 (5) Rents for the occupancy of the decedent's residence 21 for six months immediately prior to his death. 22 (6) All other claims, including claims by the 23 Commonwealth. 24 (b) Exception.--If the applicable assets of the limited 25 estate are insufficient to pay proper charges and claims against 26 the limited estate as provided in section 3385.1 (relating to 27 claims against limited estates), the personal representative, 28 subject to any preference given by law to claims against the 29 limited estate due the United States, shall pay them in the 30 following order, without priority as between claims of the same 20050S0665B1238 - 12 -
1 class: 2 (1) The costs of administration. 3 (2) All other claims, including claims by the 4 Commonwealth. 5 Section 6. Title 20 is amended by adding a section to read: 6 § 3392.1. Distribution and excess assets of limited estates. 7 (a) Distribution prohibited.--Notwithstanding any other 8 provisions of law, no assets of a limited estate shall be 9 distributed to the decedent's heirs, devisees, legatees or those 10 entitled under the intestate law. 11 (b) Remaining assets.--If assets remain after the sale of 12 the property of the limited estate and payment of proper charges 13 and claims against the limited estate, the personal 14 representative shall deposit those amounts in escrow with the 15 register who granted the limited letters of administration. The 16 assets deposited in escrow shall no longer be considered assets 17 of the limited estate and shall be administered by the person or 18 persons granted letters of administration de bonis non pursuant 19 to section 3159(b) (relating to letters of administration D.B.N. 20 or D.B.N.C.T.A.). 21 Section 7. Sections 3503, 3513 and 3533 of Title 20 are 22 amended to read: 23 § 3503. Notice to parties in interest. 24 (a) General rule.--The personal representative shall give 25 written notice of the filing of his account and of its call for 26 audit or confirmation to every person known to the personal 27 representative to have or assert an interest in the estate as 28 beneficiary, heir, next of kin or claimant, unless the interest 29 of such person has been satisfied or unless such person fails to 30 respond to a demand under section 3532(b.1) (relating to at risk 20050S0665B1238 - 13 -
1 of personal representative). 2 (b) Exception for limited letters of administration.--The 3 personal representative granted limited letters of 4 administration shall give written notice of the filing of its 5 account and of its call for audit or confirmation to: 6 (1) Every person known to the personal representative 7 who would have been eligible to petition for letters of 8 administration pursuant to section 3155(b)(3) (relating to 9 persons entitled). 10 (2) Secured creditors or lien creditors who have claims 11 against the limited estate under section 3385.1(a) (relating 12 to claims against limited estates). 13 § 3513. Statement of proposed distribution. 14 (a) General rule.--A personal representative filing an 15 account shall file a statement of proposed distribution or a 16 request that distribution be determined by the court or by an 17 auditor, as local rules may prescribe. The statement of proposed 18 distribution shall be in such form, and such notice thereof 19 shall be given by advertisement or otherwise, and objections 20 thereto may be made, as local rules prescribe. 21 (b) Exception for limited letters of administration.--A 22 personal representative granted limited letters of 23 administration shall not be required to file a statement of 24 proposed distribution. 25 § 3533. Award upon final confirmation of account. 26 (a) General rule.--A personal representative shall be 27 relieved of liability with respect to all real and personal 28 estate distributed in conformity with a decree of court or in 29 accordance with rule of court after confirmation of an account. 30 In making any such distribution, the personal representative 20050S0665B1238 - 14 -
1 shall not be entitled to demand refunding bonds from the 2 distributees, except as provided by this title or as directed by 3 the court. 4 (b) Exception for limited letters of administration.--A 5 personal representative granted limited letters of 6 administration shall be relieved of liability with respect to 7 all of the limited estate after confirmation of an account. 8 SECTION 1. SECTIONS 3155, 3159 AND 3311 OF TITLE 20 OF THE <-- 9 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 10 § 3155. PERSONS ENTITLED. 11 (A) LETTERS TESTAMENTARY.--LETTERS TESTAMENTARY SHALL BE 12 GRANTED BY THE REGISTER TO THE EXECUTOR DESIGNATED IN THE WILL, 13 WHETHER OR NOT HE HAS DECLINED A TRUST UNDER THE WILL. 14 (B) LETTERS OF ADMINISTRATION.--LETTERS OF ADMINISTRATION 15 SHALL BE GRANTED BY THE REGISTER, IN SUCH FORM AS THE CASE SHALL 16 REQUIRE, TO ONE OR MORE OF THOSE HEREINAFTER MENTIONED AND, 17 EXCEPT FOR GOOD CAUSE, IN THE FOLLOWING ORDER: 18 (1) THOSE ENTITLED TO THE RESIDUARY ESTATE UNDER THE 19 WILL. 20 (2) THE SURVIVING SPOUSE. 21 (3) THOSE ENTITLED UNDER THE INTESTATE LAW AS THE 22 REGISTER, IN HIS DISCRETION, SHALL JUDGE WILL BEST ADMINISTER 23 THE ESTATE, GIVING PREFERENCE, HOWEVER, ACCORDING TO THE 24 SIZES OF THE SHARES OF THOSE IN THIS CLASS. 25 (4) THE PRINCIPAL CREDITORS OF THE DECEDENT AT THE TIME 26 OF HIS DEATH. 27 (5) OTHER FIT PERSONS. 28 (6) IF ANYONE OF THE FOREGOING SHALL RENOUNCE HIS RIGHT 29 TO LETTERS OF ADMINISTRATION, THE REGISTER, IN HIS 30 DISCRETION, MAY APPOINT A NOMINEE OF THE PERSON SO RENOUNCING 20050S0665B1238 - 15 -
1 IN PREFERENCE TO THE PERSONS SET FORTH IN ANY SUCCEEDING 2 PARAGRAPH. 3 (7) A GUARDIANSHIP SUPPORT AGENCY SERVING AS GUARDIAN OF 4 AN INCAPACITATED PERSON WHO DIES DURING THE GUARDIANSHIP 5 ADMINISTERED PURSUANT TO SUBCHAPTER F OF CHAPTER 55 (RELATING 6 TO GUARDIANSHIP SUPPORT). 7 (8) A REDEVELOPMENT AUTHORITY FORMED PURSUANT TO THE ACT 8 OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN 9 REDEVELOPMENT LAW. 10 (C) TIME LIMITATION.--EXCEPT WITH THE CONSENT OF THOSE 11 ENUMERATED IN PARAGRAPHS (1), (2) AND (3), NO LETTERS SHALL BE 12 ISSUED TO THOSE ENUMERATED IN [PARAGRAPHS (4) AND (5)] PARAGRAPH 13 (4), (5) OR (8) OF SUBSECTION (B) UNTIL [SEVEN] 30 DAYS AFTER 14 THE DECEDENT'S DEATH. 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 CHARGED, 18 WHETHER BY INDICTMENT, INFORMATION OR OTHERWISE, BY THE UNITED 19 STATES, THE COMMONWEALTH OR ANY OF THE SEVERAL STATES, WITH 20 VOLUNTARY MANSLAUGHTER OR HOMICIDE, EXCEPT HOMICIDE BY VEHICLE, 21 IN CONNECTION WITH A DECEDENT'S DEATH UNLESS AND UNTIL THE 22 CHARGE IS WITHDRAWN, DISMISSED OR A VERDICT OF NOT GUILTY IS 23 RETURNED. 24 § 3159. LETTERS OF ADMINISTRATION D.B.N. OR D.B.N.C.T.A. 25 (A) GENERAL RULE.--WHEN AN ENTIRE VACANCY OCCURS IN THE 26 OFFICE OF PERSONAL REPRESENTATIVE BEFORE ADMINISTRATION IS 27 COMPLETED, THE REGISTER, IN A CASE OF INTESTACY, SHALL GRANT 28 LETTERS OF ADMINISTRATION DE BONIS NON, AND IN THE CASE OF 29 TESTACY, LETTERS DE BONIS NON CUM TESTAMENTO ANNEXO, TO THE 30 PERSON OR PERSONS ENTITLED THERETO. 20050S0665B1238 - 16 -
1 (B) EXCEPTION.--WHEN A REDEVELOPMENT AUTHORITY HAS BEEN 2 APPOINTED AS ADMINISTRATOR, BUT THE ENTIRE ESTATE HAS NOT BEEN 3 ADMINISTERED, A REGISTER MAY GRANT LETTERS OF ADMINISTRATION DE 4 BONIS NON TO THE PERSON OR PERSONS ENTITLED THERETO WITH REGARD 5 TO THE REMAINDER OF THE ESTATE. LETTERS OF ADMINISTRATION DE 6 BONIS NON GRANTED UNDER THIS SUBSECTION SHALL ONLY ENTITLE THE 7 PERSON OR PERSONS TO ADMINISTER THAT PORTION OF AN ESTATE, NOT 8 INCLUDING REAL ESTATE, THAT REMAINS. 9 § 3311. POSSESSION OF REAL AND PERSONAL ESTATE; EXCEPTION. 10 (A) PERSONAL REPRESENTATIVE.--A PERSONAL REPRESENTATIVE 11 SHALL HAVE THE RIGHT TO AND SHALL TAKE POSSESSION OF, MAINTAIN 12 AND ADMINISTER ALL THE REAL AND PERSONAL ESTATE OF THE DECEDENT, 13 EXCEPT REAL ESTATE OCCUPIED AT THE TIME OF DEATH BY AN HEIR OR 14 DEVISEE WITH THE CONSENT OF THE DECEDENT. HE SHALL COLLECT THE 15 RENTS AND INCOME FROM EACH ASSET IN HIS POSSESSION UNTIL IT IS 16 SOLD OR DISTRIBUTED, AND, DURING THE ADMINISTRATION OF THE 17 ESTATE, SHALL HAVE THE RIGHT TO MAINTAIN ANY ACTION WITH RESPECT 18 TO IT AND SHALL MAKE ALL REASONABLE EXPENDITURES NECESSARY TO 19 PRESERVE IT. THE COURT MAY DIRECT THE PERSONAL REPRESENTATIVE TO 20 TAKE POSSESSION OF, ADMINISTER AND MAINTAIN REAL ESTATE SO 21 OCCUPIED BY AN HEIR OR A DEVISEE IF THIS IS NECESSARY TO PROTECT 22 THE RIGHTS OF CLAIMANTS OR OTHER PARTIES. NOTHING IN THIS 23 SECTION SHALL AFFECT THE PERSONAL REPRESENTATIVE'S POWER TO SELL 24 REAL ESTATE OCCUPIED BY AN HEIR OR DEVISEE. 25 (B) REDEVELOPMENT AUTHORITY.--A REDEVELOPMENT AUTHORITY 26 GRANTED LETTERS OF ADMINISTRATION SHALL HAVE THE POWER TO TAKE, 27 CLEAR, COMBINE OR TRANSFER TITLE TO REAL PROPERTY OF THE ESTATE 28 AS NECESSARY TO RETURN SUCH PROPERTY TO PRODUCTIVE USE, AND UPON 29 PAYMENT OF FAIR MARKET VALUE OF THE PROPERTY IN ITS CURRENT 30 STATE, TO THE ESTATE. 20050S0665B1238 - 17 -
1 Section 8 2. This act shall take effect in 60 days. <--
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