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The Probate, Estates, and Fiduciary Code: Proposed Amendments to Title 20 of the Pennsylvania Consolidated Statutes


The Joint State Government Commission Advisory Committee on Decedents’

Estates Laws is a standing group of attorneys and judges from across the Commonwealth

who assist the General Assembly by recommending improvements to Pennsylvania law

relating to Title 20 of the Pennsylvania Consolidated Statutes (20 Pa.C.S.), known as the

Probate, Estates and Fiduciaries Code, and related statutes. Since 1945, the Advisory

Committee has provided expertise and advice in formulating legislation aimed at

modernizing Pennsylvania law to make it more efficient. After reaching consensus on its

legislative recommendations, the Advisory Committee presents its recommendations to

the Task Force on Decedents’ Estates Laws, which is a bicameral and bipartisan panel of

legislators. The Task Force then considers the recommendations and decides whether to

authorize the Joint State Government Commission to publish a report containing the

recommendations, which serve as a basis for legislation.

This report contains proposed legislation and official comments recommended by

the Advisory Committee. The recommendations include proposed amendments to 20

Pa.C.S. regarding the Uniform Trust Act (Chapter 77), the repeal of the rule against

perpetuities (§ 6107.1), the enforcement of the contribution or exoneration of Federal

estate tax (§ 3706), the Uniform Principal and Income Act (Chapter 81), death during a

divorce proceeding (§§ 2106, 2507, 6111.1 and 6111.2) and powers of attorney (§ 5603).

This report also contains conforming amendments to § 3162 (advertisement of grant of

letters), technical amendments to the Associations Code (Title 15 of the Pennsylvania

Consolidated Statutes) and transitional language (applicability and effective date

provisions). The official comments may be used in determining the intent of the General




This report also contains a list of the Chairs and Members of the Advisory

Committee since its inception in 1945.

On October 17, 2007, the Task Force authorized both the publication of a report

containing the recommendations of the Advisory Committee and the introduction of the

legislation contained in this report. However, the inclusion of any recommendation in

this report does not necessarily reflect the endorsement of the Task Force.