20 Pa.C.S. Ch. 35

in effect

20 Pa.C.S. § 3501 Accounting required (Repealed).

1974 Repeal. Section 3501 was repealed December 10, 1974, P.L.867, No.293, effective immediately.

20 Pa.C.S. § 3501.1 Accounting by personal representative.

A personal representative may file his account at any time after four months from the first complete advertisement of the original grant of letters, but shall not file it earlier unless directed to do so by the court. A personal representative may be cited to file an account at any time after the expiration of six months from the first complete advertisement of the original grant of letters. A personal representative may be directed by the court to file an account of his administration at any time. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 added section 3501.1.

20 Pa.C.S. § 3501.2 Annexation of account of terminated trust, guardianship or agency.

A personal representative who has received property from a trustee, guardian or agent following the decedent's death may annex a copy of an account of the administration of the trust, guardianship or agency to an account filed by the personal representative covering the administration of the estate. If notice of the annexation of the account of the trust, guardianship or agency is given to the persons required to be notified of the filing of the account of the estate, confirmation of the account of the estate shall relieve both the personal representative and the trustee, guardian or agent of all liability to the persons so notified for transactions shown in the accounts so annexed to the same extent as if the annexed account had been separately filed and confirmed. (Oct. 12, 1984, P.L.929, No.182, eff. imd.) 1984 Amendment. Act 182 added section 3501.2. Cross References. Section 3501.2 is referred to in section 7799.1 of this title.

20 Pa.C.S. § 3502 Where filed.

The account of the personal representative shall be filed in the office of the clerk. (Oct. 12, 1984, P.L.929, No.182, eff. imd.)

20 Pa.C.S. § 3503 Notice to parties in interest.

The personal representative shall give written notice of the filing of his account and of its call for audit or confirmation to every person known to the personal representative to have or assert an interest in the estate as beneficiary, heir, next of kin or claimant, unless the interest of such person has been satisfied or unless such person fails to respond to a demand under section 3532(b.1) (relating to at risk of personal representative). (Dec. 16, 1992, P.L.1163, No.152, eff. imd.) Cross References. Section 3503 is referred to in sections 5163, 5533 of this title.

20 Pa.C.S. § 3504 Representation of parties in interest (Repealed).

1999 Repeal. Section 3504 was repealed October 12, 1999, P.L.422, No.39, effective in 60 days.

20 Pa.C.S. § 3511 Audits in counties having separate orphans' court division.

In any county having a separate orphans' court division, the account of a personal representative shall be examined and audited by the court without expense to the parties, except when all parties in interest in a pending proceeding shall nominate an auditor whom the court may in its discretion appoint. Cross References. Section 3511 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3512 Audits in counties having no separate orphans' court division.

In any county having no separate orphans' court division, the account of a personal representative shall be confirmed by the court or by the clerk, as local rules shall prescribe, if no objections are presented within a time fixed by general rule of court. If any party in interest shall object to the account, or shall request its reference to an auditor, the court, in its discretion, may appoint an auditor. Cross References. Section 3512 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3513 Statement of proposed distribution.

A personal representative filing an account shall file a statement of proposed distribution or a request that distribution be determined by the court or by an auditor, as local rules may prescribe. The statement of proposed distribution shall be in such form, and such notice thereof shall be given by advertisement or otherwise, and objections thereto may be made, as local rules prescribe. Cross References. Section 3513 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3514 Confirmation of account and approval of proposed distribution.

No account shall be confirmed, or statement of proposed distribution approved, until an adjudication or a decree of distribution is filed in conformity with local rules by the court or by the clerk of the court, expressly confirming the account or approving the statement of proposed distribution and specifying or indicating by reference to the statement of proposed distribution the names of the persons to whom the balance available for distribution is awarded and the amount or share awarded to each. Cross References. Section 3514 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3521 Rehearing; relief granted.

If any party in interest shall, within five years after the final confirmation of any account of a personal representative, file a petition to review any part of the account or of an auditor's report, or of the adjudication, or of any decree of distribution, setting forth specifically alleged errors therein, the court shall give such relief as equity and justice shall require: Provided, That no such review shall impose liability on the personal representative as to any property which was distributed by him in accordance with a decree of court before the filing of the petition. The court or master considering the petition may include in his adjudication or report, findings of fact and of law as to the entire controversy, in pursuance of which a final order may be made. Cross References. Section 3521 is referred to in sections 5163, 5167, 5533, 7798, 7799.2 of this title.

20 Pa.C.S. § 3531 Estates not exceeding $50,000.

When the gross real and personal estate of a decedent does not exceed the value of $50,000, the personal representative, after the expiration of one year from the date of the first complete advertisement of the grant of letters, may present his petition to the court with an annexed account showing the administration of the estate, the distribution theretofore made and suggesting the proper distribution of the estate not theretofore distributed. Thereupon, the court, upon satisfactory proof of notice to all known parties in interest, may approve the distribution theretofore made and order distribution of the assets not theretofore distributed and discharge the personal representative and his sureties from future liability without the expense of proceedings as in a formal account. The court may discharge only the surety from future liability, and may allow the personal representative to continue without surety upon condition that no further assets shall come into the possession of the personal representative until he files another bond, with sufficient surety, as required by the register. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days; July 2, 2013, P.L.199, No.35, eff. 60 days) 2013 Amendment. Section 2 of Act 35 provided that the amendment of section 3531 shall apply to estates of decedents dying on or after the effective date of section 2.

20 Pa.C.S. § 3532 At risk of personal representative.

(a) Rights of claimants against personal representatives.--A personal representative, at his own risk and without the filing, audit or confirmation of his account, may distribute real or personal property and such distribution shall be without liability to any claimant against the decedent, unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant of letters to such personal representative or thereafter but prior to such distribution. (b) Rights of claimants against distributed property.-- (1) Personal property.--No claimant shall have any claim against personal property distributed by a personal representative at his own risk pursuant to subsection (a), unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant of letters or thereafter but prior to such distribution. (2) Real property.--No claimant shall have any claim against real property conveyed by a personal representative in distribution at his own risk pursuant to subsection (a) hereof, unless such claimant, within one year after the decedent's death, files a written notice of his claim with the clerk. Such claim against real property shall expire at the end of five years after the decedent's death, unless within that time the personal representative files an account or the claimant files a petition to compel an accounting. (3) Liens and charges existing at death.--Nothing in this section shall be construed as affecting any lien or charge which existed at the time of the decedent's death on his real or personal property. (b.1) Limitation on rights of claimants.--A personal representative may make written demand by mail or delivery to any person who may have a claim but who has not previously given written notice of his claim to the personal representative. If the personal representative's demand requests the person to give written notice of his claim within 60 days from the mailing or delivery of the demand or within one year from the first complete advertisement of the grant of letters, whichever is later, and the person fails to do so, the person shall not have any rights with respect to such claim under subsection (a) or (b)(1) and shall not have any right on account of such claim to receive notice of the filing of the personal representative's account and of its call for audit or confirmation. The personal representative shall not be liable to any such person or to any beneficiary, heir or next of kin or creditor of the estate for making or failing to make demand under this subsection. (c) Record of risk distributions.--The personal representative may file with the clerk receipts, releases and refunding agreements which he may have received from persons to whom he has made a risk distribution, or from other parties in interest. Receipts, releases and refunding agreements so filed shall be indexed under the name of the estate. Their acceptance shall not be construed as court approval of any act of administration or distribution therein reflected. (July 9, 1976, P.L.551, No.135, eff. imd.; Dec. 16, 1992, P.L.1163, No.152, eff. imd.) 1992 Amendment. Act 152 amended subsecs. (a) and (b)(1) and added subsec. (b.1). 1976 Amendment. Act 135 added subsec. (c). Cross References. Section 3532 is referred to in sections 3503, 5163, 5533, 7792 of this title.

20 Pa.C.S. § 3533 Award upon final confirmation of account.

A personal representative shall be relieved of liability with respect to all real and personal estate distributed in conformity with a decree of court or in accordance with rule of court after confirmation of an account. In making any such distribution, the personal representative shall not be entitled to demand refunding bonds from the distributees, except as provided by this title or as directed by the court. Cross References. Section 3533 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3534 Distribution in kind.

The court, for cause shown, may order the estate to be distributed in kind to the parties in interest, including fiduciaries. In such case, when there are two or more distributees, distribution may be made of undivided interests in real or personal estate or the personal representative or a distributee may request the court to divide, partition and allot the property, or to direct the sale of the property. If such a request is made, the court, after such notice as it shall direct, shall fairly divide, partition and allot the property among the distributees in proportion to their respective interests, or the court may direct the personal representative to sell at a sale confined to the distributees, or at a private or public sale not so confined, any property which cannot be so divided, partitioned or allotted. Cross References. Section 3534 is referred to in sections 5163, 5533 of this title.

20 Pa.C.S. § 3534.1 Cost of distribution of tangible personal property.

Except as otherwise provided in the will, if any, the personal representative shall pay as an expense of administration the reasonable expenses of storage, insurance, packing and delivery of tangible personal property to a beneficiary. (July 7, 2006, P.L.625, No.98, eff. 60 days) 2006 Amendment. Act 98 added section 3534.1.

20 Pa.C.S. § 3535 Delivery of possession of real estate.

Upon application of any party in interest and after such notice as the court shall direct, the court may order the personal representative to deliver to any distributee possession of any real estate to which he is entitled, provided that claimants and other distributees are not prejudiced thereby. The personal representative shall cease to be responsible for the maintenance of such real estate unless and until possession of it is returned to him with his consent or by order of court. The court, at any time prior to a final decree approving the distribution, may order the distributee to return the possession of any such real estate to the personal representative or may require the distributee to give security for the rents or rental value pending a decree of distribution.

20 Pa.C.S. § 3536 Recording and registering decrees awarding real estate.

A certified copy of every adjudication or decree awarding real estate or an appropriate excerpt from either of them shall be recorded, at the expense of the estate, in the deed book in the office of the recorder of deeds of each county where the real estate so awarded lies, shall be indexed by the recorder in the grantor's index under the name of the decedent and in the grantee's index under the name of the distributee, and shall be registered in the survey bureau or with the proper authorities empowered to keep a register of real estate in the county: Provided, That no adjudication or decree awarding real estate subject to the payment of any sum by the distributee shall be recorded or registered unless there is offered for recording, concurrently therewith, written evidence of the payment of such sum. Cross References. Section 3536 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3537 Compensation.

The court shall allow such compensation to the personal representative as shall in the circumstances be reasonable and just, and may calculate such compensation on a graduated percentage.

20 Pa.C.S. § 3538 Distributions involving persons born out of wedlock.

A personal representative may administer an estate on the assumption that no person born out of wedlock is entitled to share as a distributee unless the personal representative has knowledge or has received notice that such a person with possible distributee's rights exists. If a personal representative has distributed an estate, or part thereof, in good faith without knowledge of a person born out of wedlock who has rights as a distributee, said distribution actually made shall not impose liability on the personal representative. Except as herein otherwise provided, a person born out of wedlock shall have the same rights in an estate and shall be subject to such time limitations and to such procedures as are applied to any other heir or claimant against an estate. (Nov. 26, 1978, P.L.1269, No.303, eff. imd.) 1978 Amendment. Act 303 added section 3538. Cross References. Section 3538 is referred to in section 7799.2 of this title.

20 Pa.C.S. § 3539 Change in law after pattern of distribution established.

A personal representative shall have no liability for continued distribution of real or personal property in accordance with a pattern of distribution that conformed to the law in effect when distribution began, notwithstanding any intervening change in law that would require a different pattern of distribution, unless he is actually aware, after the law is changed, of information relevant to the change in the rights of interested parties or otherwise fails to act reasonably in ascertaining such rights. Nothing in this section shall in any way affect any cause of action which the parties in interest may have among themselves. (July 11, 1980, P.L.565, No.118, eff. 60 days; Oct. 12, 1984, P.L.929, No.182, eff. imd.) Cross References. Section 3539 is referred to in section 7799.2 of this title.

20 Pa.C.S. § 3540 Absentee and additional distributees.

(a) Distributions due absentees.-- (1) If the continued existence or whereabouts of an heir, devisee or legatee who once existed cannot be ascertained at the time of the audit of the personal representative's account, the court, unless it finds pursuant to section 5701 (relating to proof of death) that the absentee's death has disqualified him as a distributee of the estate, or unless a trustee has been appointed for such absentee pursuant to section 5702 (relating to trustee for absentee), shall direct that any property distributable to the absentee shall be converted into money that shall be paid into the State Treasury, through the Department of Revenue. The moneys shall be held in a custodial capacity subject to refund, without appropriation, pursuant to section 24 of Article III of the Constitution of Pennsylvania. (2) The court shall retain jurisdiction with respect to any claim to such moneys. Upon further findings and order of court that a claimant is entitled to all or a part of the moneys, the Department of Revenue, upon petition, shall refund such moneys pursuant to the order of court. (b) Possibility of additional distributees.--If the existence of a person or persons would affect the distribution of an estate but there is no proof that such a person ever existed, and the court is satisfied that all reasonable steps have been taken to determine whether such a person existed, the court may award distribution of the estate to those who would be entitled if no such person existed, with or without refunding bonds. Any such bond shall be without security, shall be in such form and amount as the court directs, shall be executed by each distributee and filed with the clerk, and shall provide that if, within seven years or any shorter period fixed by the court, it is later established that there is an additional person or persons entitled to share in the distribution of the estate, the distributee upon demand will return such portion or all of the property received by him as the court may direct or, if it has been disposed of, will make such restitution as the court deems equitable. In the case of distribution under this subsection to the Commonwealth as intestate heir, in lieu of bond, payment shall be as provided in subsection (a). (July 11, 1980, P.L.565, No.118, eff. imd.; Oct. 12, 1984, P.L.929, No.182, eff. imd.) Cross References. Section 3540 is referred to in section 7799.2 of this title.

20 Pa.C.S. § 3541 Order of abatement.

(a) General rules.--Except as otherwise provided by the will, if the assets are insufficient to pay all claimants and distributees in full, the shares of distributees, without distinction between real and personal estate, shall have priority of distribution in the following order: (1) Property specifically devised or bequeathed to or for the benefit of the surviving spouse. (2) Property specifically devised or bequeathed to or for the benefit of the decedent's issue. (3) Property specifically devised or bequeathed to or for the benefit of other distributees. (4) Property disposed of by will in the form of a general bequest of cash, stocks or bonds. (5) Property disposed of by general devise or bequest and not included in a residuary clause. (6) Property devised or bequeathed in a residuary clause. (7) Property not disposed of by the will. (b) Demonstrative legacies.--Property out of which a demonstrative legacy is primarily to be paid shall be deemed to be specifically devised or bequeathed to the extent of such demonstrative legacy. Cross References. Section 3541 is referred to in sections 3542, 7799.2 of this title.

20 Pa.C.S. § 3542 Contribution.

The court may make orders of contribution among legatees or devisees to accomplish an abatement in accordance with the provisions of section 3541 (relating to order of abatement), and may determine whether the amount thereof shall be paid before distribution or shall constitute a lien on particular property which is distributed.

20 Pa.C.S. § 3543 Income on distributive shares.

(a) Pecuniary legacy.--A pecuniary legacy bequeathed in trust shall be entitled to income at the rate of 5% per annum from the death of the decedent until the payment of the legacy, and when not in trust from one year after the death of the decedent until the payment of the legacy. (b) Specific legacy or devise.--A specific legatee or devisee shall be entitled to the net income from property given to him accrued from the date of the death of the decedent. (c) Demonstrative legacy.--A demonstrative legacy shall be entitled to income from the death of the decedent until the payment of the legacy at the rate earned by the property out of which it is primarily payable, and to the extent that it is not paid from that source, at the rate of 5% per annum from one year after the death of the decedent until the payment of the legacy. (d) Residuary legacy or devise.--All income from real and personal estate earned during the period of administration and not payable to others pursuant to the governing instrument or this section shall be distributed pro rata among the income beneficiaries of any trust created out of the residuary estate and the other persons entitled to the residuary estate. (e) Future date.--A legacy payable at a future date, unless earlier set aside as a separate trust, shall not begin to bear income until three months after the date fixed for payment or delivery. (f) Relationship.--Income shall be paid on distributive shares with no distinction because of the relationship of the distributee to the decedent. (g) Testamentary provisions.--All rules set forth in this section are subject to the provisions of the decedent's will. (July 11, 1980, P.L.565, No.118, eff. imd.; July 7, 2006, P.L.625, No.98, eff. 60 days) Cross References. Section 3543 is referred to in sections 7799, 8121 of this title.

20 Pa.C.S. § 3544 Liability of personal representative for interest.

A personal representative who has committed a breach of duty with respect to estate assets shall, in the discretion of the court, be liable for interest, not exceeding the legal rate on such assets. Cross References. Section 3544 is referred to in sections 5163, 5533 of this title.

20 Pa.C.S. § 3545 Transcripts of balances due by personal representative.

(a) Filing in common pleas.--The prothonotary of any court of common pleas shall, on demand of any party in interest, file and docket a certified transcript or extract from the record showing that an orphans' court division has adjudged an amount to be due by a personal representative, and such transcript or extract shall constitute a judgment against the personal representative from the time of its filing with the same effect as if it had been obtained in an action in the trial or civil division of the court of common pleas. If the amount adjudged to be due by the personal representative shall be increased or decreased on appeal, the prothonotary shall, if the decree of the appellate court is certified to him, change his records accordingly, and if the appellate court has increased the amount, the excess shall constitute a judgment against the personal representative from the time when the records are so changed. (b) Satisfaction and discharge.--If the orphans' court division shall order the personal representative to be relieved from any such judgment, the prothonotary shall, on demand of any party in interest, enter on his records a certified copy of such order, which shall operate as a satisfaction of the judgment. (Dec. 10, 1974, P.L.867, No.293, eff. imd.) 1974 Amendment. Act 293 amended subsec. (a). Cross References. Section 3545 is referred to in sections 5163, 5533, 7799.2 of this title.

20 Pa.C.S. § 3546 Determination of title to decedent's interest in real estate.

(a) Applicability.--This section shall apply if: (1) A person dies leaving an interest in real estate within this Commonwealth. (2) Either of the following occurs: (i) No letters testamentary or letters of administration have been granted on the estate of the decedent in this Commonwealth and one year has expired since the decedent's death. (ii) A personal representative has been appointed but has not filed an account within six years of the decedent's death. (3) There is a conflict between this section and either section 2103(6) (relating to shares of others than surviving spouse) or Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, with respect to a petition by an entity under subsection (c)(2). The rights granted under this section shall supersede any right of the Commonwealth created under section 2103(6) or Article XIII.1 of The Fiscal Code. (b) Subject of petition.--A person or entity authorized by subsection (c) may present a petition under this section to: (1) terminate an interest in the real estate of other heirs or devisees of the decedent who, after being given proper notice under subsection (f); or (2) have declared as void, unenforceable and canceled of record a fraudulent conveyance of the decedent's interest in the real estate and to the extent otherwise authorized by law any lien, title, claim or interest arising in the property by, from or under the fraudulent conveyance, including any subsequent transfers of property following the fraudulent conveyance and any liens to the extent that they have attached to the property as a result of the fraudulent conveyance, after all interested parties have been given proper notice under subsection (f). (c) Who may petition.--The following persons and entities may petition to establish title to the decedent's real estate: (1) A person claiming an interest in the real estate: (i) as an heir or devisee of the decedent; (ii) through the decedent; or (iii) through an heir or devisee of the decedent, when the heir or devisee is deceased or has conveyed all or part of the heir or devisee's interest in the property to the person. (2) A nonprofit corporation organized for community development purposes under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), a municipality in which the real estate is located or a redevelopment authority created and organized under the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, having jurisdiction in the municipality in which the real estate is located upon a showing by clear and convincing evidence to the court that: (i) No heirs or devisees exist or have taken action with respect to the real estate for at least five years since the decedent's death. (ii) The real estate is not occupied by a person claiming rights by adverse possession. (d) Priority of petitions.--Where there are two or more petitions for the same real estate under subsection (c)(2), the court shall give priority in entering its order to one of the petitioners in the following order: (1) The municipality. (2) The redevelopment authority. (3) The nonprofit corporation. (e) Where to petition.--A petition under this section shall be filed in the orphans' court division of the county where: (1) the letters testamentary or letters of administration have been granted; (2) the principal residence of the decedent was located, if no letters testamentary or letters of administration have been granted; or (3) any of the real estate is located, if the decedent was a nonresident of this Commonwealth. (f) Notice of petition.-- (1) Notice shall be given to all persons reasonably identifiable as eligible to file a petition under subsection (c), creditors that do not have liens of record, to the extent known, and all other persons and parties in interest reasonably known to hold or claim a lien, title, claim or other interest in the property in accordance with the Pennsylvania Orphans' Court Rules. Notice shall also be given by: (i) publication once a week during three successive calendar weeks in the legal periodical, if any, and in a newspaper of general circulation published at or near the location of the real estate; (ii) posting a copy of the petition on the most public part of the property; and (iii) such other methods, if any, as the court deems appropriate to give notice. (2) If letters testamentary or letters of administration have been granted on the estate of the decedent, notice of the petition under this section shall be given to the personal representative of the decedent. (3) A lis pendens notice shall be given in each county where the real estate is located in the same manner and place as provided in section 3390 (relating to specific performance of contracts) for an action of specific performance. (g) Order.-- (1) Aided if necessary by the report of a master, the court may enter an order adjudging that the title to the decedent's interest in the real estate is in the petitioner, free of all decedent's debts not then liens of record, and regardless of the provisions of any testamentary writing of the decedent thereafter probated, or an order directing other appropriate relief as the court determines. (2) A certified copy of the order shall be: (i) Recorded in the office of the recorder of deeds of each county where real estate included in the decree or order shall lie. (ii) Indexed by the recorder in the grantor's index under the name of the decedent and in the grantee's index under the name of each distributee. (iii) Registered in the survey bureau or with the proper authorities empowered to keep a register of real estate in the county. (iv) Served by the petitioner upon each party who has entered an appearance in the proceeding. (h) Parcel number or identifier.-- (1) A petition filed under subsection (b) and notice of petition given under subsection (f) shall include the county tax parcel number or Uniform Parcel Identifier for each parcel included. A party alleging any failure to comply with the requirements of this paragraph must do so in the manner provided for raising an affirmative defense. (2) An order presented for recording under subsection (g) shall comply with section 3 of the act of April 24, 1931 (P.L.48, No.40), entitled "An act requiring the recording of certain written agreements pertaining to real property, and prescribing the effect thereof as to subsequent purchasers, mortgagees, and judgment creditors of the parties thereto." (i) Definition.--For the purposes of this section, "fraudulent conveyance" shall mean a transfer of an interest, lien, title or claim in real estate that occurs as a result of: (1) a forgery of the grantor's signature on a document purporting to make such transfer; (2) the grantor being induced by fraud, misrepresentation, duress or coercion to sign a document purporting to make such transfer; or (3) some other inappropriate means used to obtain the grantor's signature on the document purporting to make such transfer, as determined by a court. (July 8, 2016, P.L.497, No.79, eff. Jan. 1, 2017) Cross References. Section 3546 is referred to in section 712 of this title; section 5527.1 of Title 42 (Judiciary and Judicial Procedure); section 1143 of Title 53 (Municipalities Generally).

20 Pa.C.S. § 3551 Enforcement of payment.

When a sum of money is charged upon real or personal property by will, inter vivos trust or decree, and has become payable, the court having jurisdiction of the estate or trust, upon petition of a party in interest and after notice to all persons liable for its payment and to the owner of the property charged, may enter a decree directing payment by the person liable, and in default of payment, may direct the fiduciary or a trustee to be appointed to sell the property charged, or so much of it as shall be necessary, upon such terms and security as the court shall direct, in which event the proceeds of the sale shall be distributed under the direction of the court as in other cases of judicial sales, to the persons legally entitled to receive them.

20 Pa.C.S. § 3552 Discharge of portion of property from charges payable in the future.

When a sum of money is charged upon real or personal property by will, inter vivos trust or decree, and is payable at a future date, the court having jurisdiction of the estate or trust, upon petition of a party in interest and after such notice as it shall direct, aided by the report of a master if necessary, or at the audit of any accounting, may enter a decree not contrary to any expressed provision in the will or trust instrument, exonerating and discharging such portion of the real and personal property charged as to it may seem beyond the amount requisite for providing a sufficient continuing security for the payment of the charge, or may direct that excess income be accumulated for the further protection of the charge, or be distributed to the persons entitled thereto. When an annuity is not restricted by the will or trust instrument to the income of the property charged with its payment, the court may authorize the payment of the annuity from the principal of the property set apart to secure its payment, should income at any time prove insufficient.

20 Pa.C.S. § 3553 Discharge of property from lien of charge.

(a) Payment into court.--When real or personal property by will, inter vivos trust or decree is subject to a charge which has become payable, the court which has jurisdiction of the estate or trust, upon petition of a party in interest and after such notice as it shall direct, shall enter a decree fixing the amount of the charge then payable, and directing that it be paid into court and that upon such payment the property shall be discharged from so much of the charge as shall be paid into court. When the amount of the charge does not appear as a matter of record, the court, by appointment of a master or by investigation in open court, may ascertain and fix the amount. A certified copy of every decree relieving real property of the lien of a charge shall be recorded in the deed book in the office of the recorder of deeds of each county where the real estate shall lie, and shall be indexed by the recorder in the grantor's index under the name of the decedent or settlor, as the case may be, and in the grantee's index under the name of the owner of the land: Provided, That no conditional decree shall be recorded unless there is offered for recording, concurrently therewith, written evidence of compliance with the condition. (b) Distribution of moneys paid into court.--Any money paid into court under the provisions of this section, subject to the laws of the Commonwealth relating to the payment of unclaimed funds into the State Treasury without escheat, shall remain there until the court, on petition of a party in interest and after such notice as it shall direct, aided by the report of a master if necessary, shall direct distribution to the persons entitled. The court may, in its discretion, appoint an auditor to make such distribution.

20 Pa.C.S. § 3554 Presumption of payment, release or extinguishment.

(a) Lapse of 20 years.--When: (1) for 20 years after the same or any part thereof becomes due, no payment has been made on account of a dower, recognizance, legacy, annuity instalment, or other charge, created by will, agreement, inter vivos trust or court decree, upon real property; or (2) no proceeding has been brought or no written acknowledgment of the existence thereof or no written promise to pay the same has been made within such period by the owner or owners of the property subject to the charge; a release or extinguishment thereof shall be presumed, and the charge shall thereafter be irrecoverable. (b) Perpetuation of evidence.--The evidence of any such payment or written acknowledgment or promise may be perpetuated by recording it in the office of the recorder of deeds of the county or counties in which the real property bound by the charge is situate. The recorder of deeds shall index such evidence in the grantor's index under the name of the record owner or owners of the real property and in the grantee's index under the name of the owner or owners of the charge. (c) Renewal of evidence every 20 years.--If such evidence of the charge is so recorded and indexed within the said period of 20 years, it shall remain a charge on the real property for a period of 20 years from the time of indexing and no longer: Provided, That such evidence may be renewed within successive periods of 20 years, as often as necessary. (d) Irrecoverable after 20 years.--If such evidence does not appear of record and is not indexed as herein provided within a period of 20 years or within the periods provided for a renewal thereof, then said dower, recognizance, legacy, annuity instalment, or other charge shall be irrecoverable from any purchaser, mortgagee, or other lien creditor.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=20Fetched: 10/16/2026