PRINTER'S NO. 593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
654
Session of
2023
INTRODUCED BY BULLOCK, MADDEN, KINSEY, BURGOS, HILL-EVANS,
SANCHEZ, HOHENSTEIN, CEPEDA-FREYTIZ, FREEMAN, KINKEAD,
N. NELSON, GREEN AND HOWARD, MARCH 21, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2023
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in dispositions
independent of letters, family exemption, probate of wills
and grant of letters, providing for small estate primary
residence affidavit and establishing the Small Estate Primary
Residence Affidavit Pilot Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3103. Small estate primary residence affidavit.
(a) Establishment.--A county property office may establish a
Small Estate Primary Residence Affidavit Pilot Program to
administer this section.
(b) Small estate primary residence affidavit.--If a person
dies while legally domiciled and owning a primary residence in a
county, the county wherein the decedent was domiciled at the
time of death may direct distribution of the primary residence
to the parties entitled to the primary residence:
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(1) upon petition of a party in interest;
(2) in the discretion of the court;
(3) with or without appraisement;
(4) with notice as the court shall direct; and
(5) whether or not letters have been issued or a will
probated.
(c) Process.--Pursuant to the process developed by the
county property office, the attorney for the descendants,
ascendants or surviving spouse of the decedent shall record the
property transfer of the decedent's primary residence with the
county. The following apply:
(1) If the descendants, ascendants or surviving spouse
of the decedent can prove that their income is less than 120%
of the Federal poverty guidelines, the county property office
shall waive any filing fees under this section.
(2) The authority of the court to award distribution of
a primary residence under this section shall not be
restricted because of the decedent's ownership of real
estate, regardless of its value.
(3) The decree of distribution so made shall:
(i) Constitute sufficient authority to all transfer
agents, registrars and others dealing with the primary
residence of the estate to recognize the persons named
therein as entitled to receive the primary residence to
be distributed without administration.
(ii) In all respects have the same effect as a
decree of distribution after an accounting by a personal
representative.
( 4) Within two years after the decree of distribution
has been made, a party in interest may file a petition to
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revoke the decree because an improper distribution has been
ordered. If the court finds that an improper distribution has
been ordered, the court shall revoke the decree and shall
direct restitution as equity and justice require.
(d) Reporting.--
(1) No later than five years after the effective date of
this section, the Local Government Commission shall conduct a
study of the small estate primary residence affidavit created
under this section.
(2) No later than six years after the effective date of
this section, the Local Government Commission shall submit a
report on the programs established under this section to the
General Assembly and shall provide recommendations on the
continuation, expansion or termination of the Small Estate
Primary Residence Affidavit Pilot Program.
(e) Realty transfer tax.--A county, city or school district
that is due a payment of a realty transfer tax as a result of a
transfer of property under this section may waive, refund or
exempt the realty transfer tax subject to this section.
(f) Expiration.--This section shall expire seven years after
the effective date of this subsection.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"County property office." The recorder of deeds, register of
wills or other county government office responsible for the
transfer of deeds within a county.
"Primary residence." Residential real property primarily
used as a home with a gross value no more than $150,000.
"Program." The Small Estate Primary Residence Affidavit
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Pilot Program established by a county under subsection (a).
Section 2. This act shall take effect in 60 days.
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