Bill Text: PA HB486 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for settlement of small estates on petition.

Spectrum: Slight Partisan Bill (Republican 19-8)

Status: (Introduced - Dead) 2009-02-18 - Referred to JUDICIARY [HB486 Detail]

Download: Pennsylvania-2009-HB486-Introduced.html

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PRINTER'S NO. 538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 486 Session of2009
INTRODUCED BY ARGALL, THOMAS, BAKER, BEAR, BEYER, BOYD, CREIGHTON, GEIST, GOODMAN, GROVE, KILLION, KORTZ, KOTIK, LONGIETTI, MILLARD, MILLER, O'NEILL, READSHAW, ROHRER, SCAVELLO, SWANGER, VULAKOVICH, WANSACZ AND YUDICHAK, FEBRUARY 18, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 18, 2009
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, further providing for
settlement of small estates on petition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3102 of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3102. Settlement of small estates on petition.
When any person dies domiciled in the Commonwealth owning
property (exclusive of real estate and of property payable under
section 3101 (relating to payments to family and funeral
directors), but including personal property claimed as the
family exemption) of a gross value not exceeding $25,000,
provided that the gross value shall not include any payments
received by a person or persons under the Economic Stimulus Act
of 2008 (Public Law 110-185, 122 Stat. 613) or any subsequent
and substantially similar law enacted to provide economic
stimulus payment to a person or persons, the orphans' court
division of the county wherein the decedent was domiciled at the
time of his death, upon petition of any party in interest, in
its discretion, with or without appraisement, and with such
notice as the court shall direct, and whether or not letters
have been issued or a will probated, may direct distribution of
the property (including property not paid under section 3101) to
the parties entitled thereto. The authority of the court to
award distribution of personal property under this section shall
not be restricted because of the decedent's ownership of real
estate, regardless of its value. The decree of distribution so
made shall constitute sufficient authority to all transfer
agents, registrars and others dealing with the property of the
estate to recognize the persons named therein as entitled to
receive the property to be distributed without administration,
and shall in all respects have the same effect as a decree of
distribution after an accounting by a personal representative.
Within one year after such a decree of distribution has been
made, any party in interest may file a petition to revoke it
because an improper distribution has been ordered. If the court
shall find that an improper distribution has been ordered, it
shall revoke the decree and shall direct restitution as equity
and justice shall require.
Section 2. This act shall take effect immediately.
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