1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, in ownership of property,
3legal title and equitable estate, further providing for right
4to dispose of a decedent's remains.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 305(d)(2) of Title 20 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 305. Right to dispose of a decedent's remains.

10* * *

11(d) Procedure.--Where a petition alleging enduring
12estrangement, incompetence, contrary intent or waiver and
13agreement is made within 48 hours of the death or discovery of
14the body of the decedent, whichever is later, a court may order
15that no final disposition of the decedent's remains take place
16until a final determination is made on the petition. Notice to
17each person with equal or higher precedence than the petitioner
18to the right to dispose of the decedent's remains and to his

1attorney if known and to the funeral home or other institution
2where the body is being held must be provided concurrently with
3the filing of the petition. A suitable bond may be required by
4the court.

5* * *

6(2) If two [or more] persons with equal standing as next
7of kin disagree on disposition of the decedent's remains, the
8authority to dispose shall be determined by the court, with
9preference given to the person who had the closest
10relationship with the deceased. If more than two persons with 
11equal standing as next of kin disagree on disposition of the 
12decedent's remains, the authority to dispose shall be 
13determined by the majority. <-Where two or more persons with 
14equal standing cannot reach a majority decision, the court 
15shall make a final determination on disposition of the 
16decedent's remains.

17* * *

18Section 2. This act shall take effect in 60 days.