2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 57 - Absentees and Presumed Decedents
5702 - Trustee for absentee.

     § 5702.  Trustee for absentee.
        (a)  Appointment.--When a person domiciled or having property
     in the Commonwealth disappears and is absent from his last known
     place of residence for a period of one year without being heard
     of after diligent inquiry, the court of the county where the
     absentee last resided or, if a nonresident, the court of the
     county where any of his property shall be located, aided by the
     report of a master if necessary, upon the petition of any person
     who would be a party in interest were the absentee deceased or
     of any insurer or creditor of the absentee, after notice as
     provided in section 5704 (relating to notice to absentee), upon
     good cause being shown, may find that the absentee's property
     requires protection and that he was last heard of on a date
     certain and may appoint a trustee to take charge of his estate.
     The absentee shall be made a party to the proceeding and any
     other person who would have an interest in the property of the
     absentee were he deceased, upon direction of the court, may be
     made a party to the proceeding. The period of one year specified
     in this subsection may be shortened in the discretion of the
     court.
        (b)  Bonds, powers, duties and liabilities.--A trustee for an
     absentee shall give such bond, shall be removed and discharged,
     and, except as otherwise expressly provided, shall have the same
     powers, duties and liabilities in the administration of the
     absentee's real and personal estate as are provided in Chapter
     51 (relating to minors), with respect to a guardian in the
     administration of a minor's estate and, in addition, shall have
     the right to pay premiums on policies of insurance insuring the
     life of the absentee and, with the approval of the court, to pay
     or expend and apply so much of the absentee's property or the
     income therefrom, as may be necessary for the support of anyone
     whom the absentee, if living, would be under a legal duty to
     support, or for the education of his minor children. He shall
     not have the power to sell or dispose of any asset of the estate
     or to enter into any lease without prior court approval.
        (c)  Temporary trustee.--Upon the filing of a petition for
     the appointment of a trustee for an absentee, the court, if it
     finds it necessary to protect the property of the absentee, may
     appoint a temporary trustee to take charge of it and to conserve
     it, in the manner directed by the court, pending a hearing on
     the petition. The temporary trustee shall give such bond as the
     court shall require. Should a permanent trustee be appointed,
     the temporary trustee shall deliver to the permanent trustee all
     property of the absentee in his possession, less such as may be
     necessary to cover his expenses and compensation, as allowed by
     the court, shall file his final account, and upon its
     confirmation may be discharged. Should the petition for a
     permanent trustee be denied, the court shall make appropriate
     orders for the disposition of the property.

        Cross References.  Section 5702 is referred to in section
     3540 of this title.