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        PRIOR PRINTER'S NOS. 793, 1238                PRINTER'S NO. 1260

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

        AS AMENDED ON THIRD CONSIDERATION, OCTOBER 24, 2005

                                     AN ACT

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

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Sections 3155, 3159 and 3311 of Title 20 of the    <--
     8  Pennsylvania Consolidated Statutes are amended to read:
     9  § 3155.  Persons entitled.
    10     (a)  Letters testamentary.--Letters testamentary shall be
    11  granted by the register to the executor designated in the will,
    12  whether or not he has declined a trust under the will.
    13     (b)  Letters of administration.--Letters of administration
    14  shall be granted by the register, in such form as the case shall
    15  require, to one or more of those hereinafter mentioned and,
    16  except for good cause, in the following order:
    17         (1)  Those entitled to the residuary estate under the
    18     will.


     1         (2)  The surviving spouse.
     2         (3)  Those entitled under the intestate law as the
     3     register, in his discretion, shall judge will best administer
     4     the estate, giving preference, however, according to the
     5     sizes of the shares of those in this class.
     6         (4)  The principal creditors of the decedent at the time
     7     of his death.
     8         (5)  Other fit persons.
     9         (6)  If anyone of the foregoing shall renounce his right
    10     to letters of administration, the register, in his
    11     discretion, may appoint a nominee of the person so renouncing
    12     in preference to the persons set forth in any succeeding
    13     paragraph.
    14         (7)  A guardianship support agency serving as guardian of
    15     an incapacitated person who dies during the guardianship
    16     administered pursuant to Subchapter F of Chapter 55 (relating
    17     to guardianship support).
    18         (8)  A redevelopment authority formed pursuant to the act
    19     of May 24, 1945 (P.L.991, No.385), known as the Urban
    20     Redevelopment Law.
    21     (c)  Time limitation.--Except with the consent of those
    22  enumerated in paragraphs (1), (2) and (3), no letters shall be
    23  issued to those enumerated in [paragraphs (4) and (5)] paragraph
    24  (4), (5) or (8) of subsection (b) until [seven] 30 days after
    25  the decedent's death.
    26     (d)  Death charges.--Notwithstanding the provisions of
    27  subsections (a) and (b), the register shall not grant letters
    28  testamentary or letters of administration to any person charged,
    29  whether by indictment, information or otherwise, by the United
    30  States, the Commonwealth or any of the several states, with
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     1  voluntary manslaughter or homicide, except homicide by vehicle,
     2  in connection with a decedent's death unless and until the
     3  charge is withdrawn, dismissed or a verdict of not guilty is
     4  returned.
     5  § 3159.  Letters of administration D.B.N. or D.B.N.C.T.A.         <--
     6     (a)  General rule.--When an entire vacancy occurs in the
     7  office of personal representative before administration is
     8  completed, the register, in a case of intestacy, shall grant
     9  letters of administration de bonis non, and in the case of
    10  testacy, letters de bonis non cum testamento annexo, to the
    11  person or persons entitled thereto.
    12     (b)  Exception.--When a redevelopment authority has been
    13  appointed as administrator, but the entire estate has not been
    14  administered, a register may grant letters of administration de
    15  bonis non to the person or persons entitled thereto with regard
    16  to the remainder of the estate. Letters of administration de
    17  bonis non granted under this subsection shall only entitle the
    18  person or persons to administer that portion of an estate, not
    19  including real estate, that remains.
    20  § 3311.  Possession of real and personal estate; exception.
    21     (a)  Personal representative.--A personal representative
    22  shall have the right to and shall take possession of, maintain
    23  and administer all the real and personal estate of the decedent,
    24  except real estate occupied at the time of death by an heir or
    25  devisee with the consent of the decedent. He shall collect the
    26  rents and income from each asset in his possession until it is
    27  sold or distributed, and, during the administration of the
    28  estate, shall have the right to maintain any action with respect
    29  to it and shall make all reasonable expenditures necessary to
    30  preserve it. The court may direct the personal representative to
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     1  take possession of, administer and maintain real estate so
     2  occupied by an heir or a devisee if this is necessary to protect
     3  the rights of claimants or other parties. Nothing in this
     4  section shall affect the personal representative's power to sell
     5  real estate occupied by an heir or devisee.
     6     (b)  Redevelopment authority.--A redevelopment authority
     7  granted letters of administration shall have the power to take,
     8  clear, combine or transfer title to real property of the estate
     9  as necessary to return such property to productive use, and upon
    10  payment of fair market value of the property in its current
    11  state, to the estate.
    12     Section 2.  This act shall take effect in 60 days.












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