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Determination of Title to Decedent’s Interest in Real Estate
The Advisory Committee recommends that a nonprofit corporation organized for
community development purposes or a municipality in which a decedent’s real estate is
located be permitted to petition to establish title to the decedent’s real estate, in a manner
that the court prescribes and upon a showing by clear and convincing evidence that no
heirs or devisees exist or have take action regarding the real estate for at least five years
since the decedent’s death. The Advisory Committee also recommends that if letters
testamentary or letters of administration have been granted on the estate of the decedent,
notice of the petition must be given to the personal representative of the decedent.
Accordingly, the Advisory Committee recommends that § 3546 (determination of title to
decedent’s interest in real estate) be amended to incorporate these provisions and be
restructured for clarity. The proposed new subsections of § 3546 separately set forth
provisions regarding applicability, who may petition, where to petition, the notice of
petition and the decree.
The Advisory Committee recommends that the amendment of § 3546 take effect
in 60 days.
Dispositions Independent of Letters
The Advisory Committee recommends increasing the dollar amounts set forth in
§ 3101(a), (b) and (c) (payments to family and funeral directors) and § 3102 (settlement
of small estates on petition). Under § 3101(a), an employer may pay wages, salary or
benefits due the deceased in an amount not exceeding $10,000 (increased from $5,000).
Under § 3101(b), a financial institution may pay the amount that a decedent has on
deposit or represented by the certificate up to $10,000 (increased from $3,500). Under
§ 3101(c), a facility where the decedent was a patient may disburse funds remaining in
the decedent’s patient care account for the decedent’s burial expenses in an amount not
exceeding $10,000 (increased from $3,500), and after the payment of the burial expenses,
the facility may disburse the balance of the account if the payment, including that for
burial expenses, does not exceed $11,000 (increased from $4,000). Under § 3102, a
small estate petition may be filed when an individual dies domiciled in Pennsylvania
owning property of a gross value not exceeding $50,000 (increased from $25,000).
The Advisory Committee recommends that the amendment of § 3101 take effect
in 60 days.
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