See other bills
under the
same topic
        PRIOR PRINTER'S NO. 793                       PRINTER'S NO. 1238

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.           <--




















    D20L20RLE/20050S0665B1238       - 18 -