SENATE AMENDED
PRIOR PRINTER'S NOS. 2640, 3167
PRINTER'S NO. 4255
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1885
Session of
2017
INTRODUCED BY RYAN, D. COSTA, DIAMOND, MEHAFFIE, MILLARD,
STAATS, WARD, KEEFER, IRVIN AND MICCARELLI, OCTOBER 25, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2018
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in personal
representative and bond, further providing for requiring or
changing amount of bond.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3175 of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3175. Requiring or changing amount of bond.
(a) By the court.--The court, upon cause shown and after
such notice, if any, as it shall direct, may require a surety
bond, or increase or decrease the amount of an existing bond, or
require more or less security therefor.
(b) By the register.--
(1) If, after examining the inventory or inheritance tax
return, the register determines that the register has
required insufficient security, the register may direct the
personal representative to post additional security.
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(2) The personal representative shall post such
additional security as the register may reasonably require.
(3) Subject to paragraph (4), in the event the personal
representative fails or refuses to post the additional
security, the register shall refer the matter to the court
for appropriate enforcement.
(4) If the register requires additional security and the
personal representative obtains a waiver from all parties in
interest to the estate, the personal representative may elect
to not post additional security and the register shall be
released and held harmless from any and all liability related
to the personal representative's failure to post the
security. The waiver shall be in writing on a form as the
register may prescribe, which may require an oath or
affirmation.
(5) A WAIVER UNDER PARAGRAPH (4) MUST BE SIGNED ON A
FORM PROVIDED BY THE REGISTER SUBJECT TO 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) AND
CONTAIN, AT A MINIMUM, ALL OF THE FOLLOWING INFORMATION:
(I) THE NAME AND ADDRESS OF THE BENEFICIARY.
(II) THE NAME OF THE DECEDENT.
(III) THE ESTATE'S FILE NUMBER.
(IV) THE NAME AND ADDRESS OF EACH PERSONAL
REPRESENTATIVE.
(V) A LIST OF DISTRIBUTIONS THAT HAVE BEEN MADE TO
BENEFICIARIES TO DATE.
(VI) THE AMOUNT OF ADDITIONAL SECURITY REQUESTED BY
THE REGISTER.
(VII) AN ESTIMATE BY THE ADMINISTRATOR OF THE AMOUNT
OF TIME NECESSARY TO COMPLETE THE ADMINISTRATION OF THE
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ESTATE FROM THE DATE OF THE WAIVER.
(C) CONSTRUCTION.--NOTHING IN THIS SECTION MAY BE CONSTRUED
AS CREATING ANY LIABILITY OF A REGISTER OR THE REGISTER'S SURETY
TO ANY PERSON FOR THE REGISTER'S FAILURE TO REQUIRE ADDITIONAL
SECURITY UNDER THIS SECTION.
Section 2. This act shall take effect in 60 days.
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