PRINTER'S NO. 2590
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1871
Session of
2019
INTRODUCED BY LONGIETTI, YOUNGBLOOD, MILLARD, DeLUCA, CIRESI,
HILL-EVANS, HOWARD AND McCLINTON, SEPTEMBER 25, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 25, 2019
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in elective share of
surviving spouse, further providing for determination of
effect of election and enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2211(b) of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
ยง 2211. Determination of effect of election; enforcement.
* * *
(b) Effect of election.--In exercising its powers under
subsection (a), the court shall honor any provision in the
decedent's will or other conveyance concerning interests of
those other than his spouse in the event of an election. Subject
to any such provision, the court shall be guided by the
following rules but shall have the power to supplement or to
depart from them if, in its opinion, a different determination
of the rights of the spouse and others would more nearly carry
out what would have been the particular decedent's intention had
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
he known of the election:
* * *
(5) Share to surviving spouse.--Notwithstanding any
other provision of this chapter to the contrary, the
following shall apply if a surviving spouse elects to take an
elective share and it is subsequently determined that the
value of the elective share is not equal to or greater than
the value of the share of the estate that the surviving
spouse would receive in the absence of the election:
(i) The surviving spouse shall automatically receive
the value of that larger share of the estate.
(ii) The court shall, to the extent practicable,
require:
(A) any payments or distributions of property
subject to the election to be returned or otherwise
accounted for in the redistribution of the assets of
the estate; and
(B) contributions from beneficiaries as a result
of the increased share of the estate to be paid or
distributed to the surviving spouse.
(iii) This paragraph shall not apply if the
surviving spouse knowingly opts to retain the elective
share even though the value of the elective share is less
than the value of the share of the estate that the
surviving spouse would receive in the absence of the
election.
* * *
Section 2. This act shall take effect in 60 days.
20190HB1871PN2590 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28