AN ACT

 

1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for
3payments to families and funeral directors.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Section 3101(e) of Title 20 of the Pennsylvania
7Consolidated Statutes is amended by adding a paragraph to read:

8§ 3101.  Payments to family and funeral directors.

9* * *

10(e)  Unclaimed property.--

11(1)  In any case where property or funds owned by an
12individual who has died a resident of this Commonwealth have
13been reported to the Commonwealth and are in the custody of
14the State Treasurer as unclaimed or abandoned property, the
15State Treasurer, at any time after the death of the
16individual, shall be authorized under this section to
17distribute the property or to pay the amount being held in
18custody where all of the following conditions are present:

1(i)  The amount of the funds or the value of the
2property is $11,000 or less.

3(ii)  The person claiming the property or the funds
4is the surviving spouse, child, mother or father, or
5sister or brother of the decedent, with preference given
6in that order.

7(iii)  A personal representative of the decedent has
8not been appointed or five years have lapsed since the
9appointment of a personal representative of the decedent.

10(1.1)  Notwithstanding the conditions set out in
11paragraph (1)(i) and (ii), if the amount of the funds or the
12value of the property is $5,000 or less, a lineal descendant,
13other than a child, of the decedent may present a claim under
14this section upon a showing that there is no other surviving
15relative in the order of preference set out in paragraph (1)
16(ii).

17(2)  Upon being presented with a claim for property owned
18by a decedent, the State Treasurer shall require the person
19claiming the property to provide all of the following prior
20to distributing the property or paying the amount held in
21custody:

22(i)  A certified death certificate of the owner.

23(ii)  A sworn affidavit under the penalties of 18 
24Pa.C.S. § 4904 (relating to unsworn falsification to 
25authorities) setting forth the relationship of the 
26claimant to the decedent, the existence or nonexistence 
27of a duly appointed personal representative of the 
28decedent and any other persons that may be entitled under 
29this section to make a claim to the decedent's property.

30(iii)  Other information determined by the State

1Treasurer to be necessary in order to distribute property
2or pay funds under this section to the proper person.

3(3)  If the State Treasurer determines the claimant to be
4a person entitled to claim property of a decedent owner, the
5State Treasurer shall pay or distribute such property to the
6claimant and shall thereby be released to the same extent as
7if payment or distribution had been made to a duly appointed
8personal representative of the decedent and shall not be
9required to oversee the application of the payments made. Any
10claimant to whom payment is made shall be answerable
11therefore to anyone prejudiced by an improper distribution or
12payment.

13Section 2.  This act shall take effect in 60 days.