20 Pa.C.S. Ch. 21

20 Pa.C.S. Ch. 21
in effect

20 Pa.C.S. § 21 Applicability.

This act shall apply as follows: (1) Except as set forth in paragraphs (2) and (3), this act shall apply to all powers of attorney executed on or after the effective date of this paragraph. (2) (i) Nothing in this act shall be construed to limit the effectiveness of powers of attorney in effect prior to the effective date of this paragraph. (ii) The amendment or addition of 20 Pa.C.S. §§ 5603(r), 5610, 5613 and 5614 shall apply to all powers of attorney executed before, on or after the effective date of this paragraph. (iii) Any provision in a power of attorney incorporating by reference a power under 20 Pa.C.S. § 5602(a)(8), (9) or (23) prior to the repeal of 20 Pa.C.S. § 5602(a)(8), (9) or (23) shall be governed by the respective paragraph of § 5602(a) as if no repeal occurred. (3) The addition of 20 Pa.C.S. Ch. 76 shall apply to all powers of appointment created before, on or after the effective date of that chapter. (4) The addition of 20 Pa.C.S. Ch. 79 is a continuation of the act of June 17, 1971 (P.L.181, No.23), known as the Charitable Instruments Act of 1971. The following apply: (i) All activities initiated under the Charitable Instruments Act of 1971 shall continue and remain in full force and effect and may be completed under 20 Pa.C.S. Ch. 79. Resolutions, orders, regulations, rules and decisions which were made under the Charitable Instruments Act of 1971 and which are in effect on the effective date of this paragraph shall remain in full force and effect until revoked, vacated or modified under 20 Pa.C.S. Ch. 79. Contracts, obligations and agreements entered into under the Charitable Instruments Act of 1971 are not affected nor impaired by the repeal of the Charitable Instruments Act of 1971. (ii) Any difference in language between 20 Pa.C.S. Ch. 79 and the Charitable Instruments Act of 1971 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of the Charitable Instruments Act of 1971. Explanatory Note. Act 79 amended, added or repealed sections 712, 2514, 3163, 3314, 3315, 3546, 5422, 5454, 5456, 5460, 5601, 5601.4, 5602, 5603, 5604, 5610, 5613, 5614, 6103, 6103.1, Chapter 76, sections 7710.1, 7722, 7740.7, 7765, 7780.3, 7785, 7792, Chapter 79 and section 8113 of Title 20. 2024, JULY 1, P.L.450, NO.41

20 Pa.C.S. § 2101 Intestate estate.

(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will. (b) Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share. (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)

20 Pa.C.S. § 2102 Share of surviving spouse.

The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3). (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980, P.L.565, No.118, eff. 60 days; Oct. 3, 2003, P.L.175, No.26, eff. imd.)

20 Pa.C.S. § 2103 Shares of others than surviving spouse.

(a) Order of succession.--The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to rules of succession). (6) Endowed community fund.--In default of all persons hereinbefore described, then to an endowed community fund in the following order: (i) An endowed community fund that is located in the decedent's municipality. (ii) An endowed community fund that is located in the decedent's school district. (iii) An endowed community fund that is located in the decedent's county. (iv) If no endowed community fund exists in the municipality, county or school district, then to the Commonwealth. (b) 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: "Community foundation." An organization that meets all of the following requirements: (1) Has been in existence for at least 10 years. (2) Supports a broad range of charitable activities. (3) Qualifies for exemption from Federal income taxation under 26 U.S.C. § 501(c)(3) (relating to exemption from tax on corporations, certain trusts, etc.). (4) Maintains an ongoing program to attract new endowment money by seeking gifts and bequests from a wide range of potential donors. (5) Is publicly supported, as described in 26 CFR 1.170A-9(f) (relating to definition of section 170(b)(1)(A) organization). (6) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11). (7) Has an independent governing body that represents the interests of the general public and is not appointed by a single outside entity. (8) Is subject to an annual independent financial audit. "Endowed community fund." A fund held by a community foundation that provides grants and benefits to charitable causes and is intended to exist in perpetuity. (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Nov. 24, 2025, P.L.308, No.50, eff. 60 days) Cross References. Section 2103 is referred to in sections 2104, 3101, 3546 of this title.

20 Pa.C.S. § 2104 Rules of succession.

The provisions of this chapter shall be applied to both real and personal estate in accordance with the following rules: (1) Taking in different degrees.--The shares passing under this chapter to the issue of the decedent, to the issue of his parents or grandparents or to his uncles or aunts or to their children, or grandchildren, shall pass to them as follows: The part of the estate passing to any such persons shall be divided into as many equal shares as there shall be persons in the nearest degree of consanguinity to the decedent living and taking shares therein and persons in that degree who have died before the decedent and have left issue to survive him who take shares therein. One equal share shall pass to each such living person in the nearest degree and one equal share shall pass by representation to the issue of each such deceased person, except that no issue of a child of an uncle or aunt of the decedent shall be entitled to any share of the estate unless there be no relatives as close as a child of an uncle or aunt living and taking a share therein, in which case the grandchildren of uncles and aunts of the decedent shall be entitled to share, but no issue of a grandchild of an uncle or aunt shall be entitled to any share of the estate. (2) Taking in same degree.--When the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares. (3) Whole and half blood.--Persons taking under this chapter shall take without distinction between those of the whole and those of the half blood. (4) After-born persons; time of determining relationships.--Persons begotten before the decedent's death but born thereafter, shall take as if they had been born in his lifetime. (5) Source of ownership.--Real estate shall pass under this chapter without regard to the ancestor or other relation from whom it has come. (6) Quantity of estate.--Any person taking real or personal estate under this chapter shall take such interest as the decedent had therein. (7) Tenancy in estate.--When real or personal estate or shares therein shall pass to two or more persons, they shall take it as tenants in common, except that if it shall pass to a husband and wife they shall take it as tenants by the entireties. (8) Alienage.--Real and personal estate shall pass without regard to whether the decedent or any person otherwise entitled to take under this chapter is or has been an alien. (9) Person related to decedent through two lines.--A person related to the decedent through two lines of relationship shall take one share only which shall be the larger share. (10) Requirement that heir survive decedent for five days.--Any person who fails to survive the decedent by five days shall be deemed to have predeceased the decedent for purposes of intestate succession and the decedent's heirs shall be determined accordingly. If the time of death of the decedent or of a person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir survived the decedent by five days, that person shall be deemed to have failed to survive for the required period. This section shall not be applied where its application would result in a taking by the Commonwealth under section 2103(6) (relating to shares of others than surviving spouse). (11) Intestacy following valid prior estate.--In the event of an intestacy occurring at the termination of a valid prior estate, the identity and shares of the intestate heirs then entitled to take shall be ascertained as though the death of the testator, settlor or grantor had occurred at the time of the termination of the prior estate. (July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 18, 1978, P.L.42, No.23, eff. 60 days; May 16, 2002, P.L.330, No.50, eff. 60 days) 2002 Amendment. Act 50 added par. (11). Cross References. Section 2104 is referred to in sections 2103, 6205 of this title.

20 Pa.C.S. § 2105 Spouse's rights.

(a) Widow.--The share of the estate to which a widow is entitled under this title shall be in lieu and full satisfaction of her dower at common law. (b) Surviving husband.--The share of the estate to which a surviving husband is entitled under this title shall be in lieu and full satisfaction of his curtesy at common law. (Apr. 18, 1978, P.L.42, No.23, eff. 60 days)

20 Pa.C.S. § 2106 Forfeiture.

(a) Spouse's share.-- (1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse. (2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if: (i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings; (ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and (iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g). (b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has: (1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or (2) been convicted of one of the following offenses under Title 18: section 4303 (relating to concealing death of child); section 4304 (relating to endangering welfare of children); section 6312 (relating to sexual abuse of children); or an equivalent crime under Federal law or the law of another state involving his or her child; shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child. (c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers). (c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided in Chapter 88. (d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section. (Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Mar. 7, 1984, P.L.103, No.21, eff. imd.; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Oct. 27, 2010, P.L.837, No.85, eff. 60 days; July 1, 2024, P.L.444, No.40, eff. 180 days) 2024 Amendment. Act 40 amended subsec. (c) and added subsec. (c.1). Cross References. Section 2106 is referred to in section 2208 of this title.

20 Pa.C.S. § 2107 Persons born out of wedlock.

(a) Child of mother.--For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his mother. (b) Marriage of parents.--(Deleted by amendment). (c) Child of father.--For purposes of descent by, from and through a person born out of wedlock, he shall be considered the child of his father when the identity of the father has been determined in any one of the following ways: (1) If the parents of a child born out of wedlock shall have married each other. (2) If during the lifetime of the child, the father openly holds out the child to be his and receives the child into his home, or openly holds the child out to be his and provides support for the child which shall be determined by clear and convincing evidence. (3) If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity. (Nov. 26, 1978, P.L.1269, No.303, eff. imd.) Cross References. Section 2107 is referred to in sections 2514, 6114 of this title.

20 Pa.C.S. § 2108 Adopted person.

For purposes of inheritance by, from and through an adopted person he shall be considered the issue of his adopting parent or parents. An adopted person shall not be considered as continuing to be the child or issue of his natural parents except in distributing the estate of a natural kin, other than the natural parent, who has maintained a family relationship with the adopted person. If a natural parent shall have married the adopting parent, the adopted person for purposes of inheritance by, from and through him shall also be considered the issue of such natural parent. (July 9, 1976, P.L.551, No.135, eff. imd.)

20 Pa.C.S. § 2109 Advancements (Repealed).

1976 Repeal. Section 2109 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

20 Pa.C.S. § 2109.1 Advancements.

If a person dies intestate as to all or any part of his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue unless the declaration or acknowledgment so provides. (July 9, 1976, P.L.551, No.135, eff. imd.) 1976 Amendment. Act 135 added section 2109.1.

20 Pa.C.S. § 2110 Spouse's allowance; procedure.

The allowance shall be set aside and awarded in distribution to the surviving spouse, or his successor in interest, in the same manner as other distributive shares of the estate are awarded, without any right in the surviving spouse to choose particular real or personal property in satisfaction thereof. Nothing herein shall be construed as limiting the right of the surviving spouse and other distributees to demand that property, not theretofore sold, be distributed in kind to them.

20 Pa.C.S. § 2111 Procedure to establish title to real property when spouse claims entire estate (Repealed).

1978 Repeal. Section 2111 was repealed April 18, 1978, P.L.42, No.23, effective in 60 days.

20 Pa.C.S. § 2112 Property distributable to the Commonwealth (Repealed).

1976 Repeal. Section 2112 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

20 Pa.C.S. § 2113 Limitations of claims (Repealed).

1976 Repeal. Section 2113 was repealed July 9, 1976, P.L.551, No.135, effective immediately.

20 Pa.C.S. § 2114 Personal estate of nonresident (Repealed).

1976 Repeal. Section 2114 was repealed July 9, 1976, P.L.551, No.135, effective immediately.
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

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