2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 22 - Elective Share of Surviving Spouse
2211 - Determination of effect of election; enforcement.

     § 2211.  Determination of effect of election; enforcement.
        (a)  Power of court of domicile.--After notice and hearing,
     the orphans' court division of the county of the decedent's
     domicile shall determine all matters concerning the spouse's
     election, including the interests and liabilities of the spouse
     and others in or with respect to all property, regardless of its
     situs, which is subject to the election or which must be
     disclaimed, released or conveyed by the spouse or charged
     against the elective share.
        (b)  Effect of election.--In exercising its powers under
     subsection (a), the court shall honor any provision in the
     decedent's will or other conveyance concerning interests of
     those other than his spouse in the event of an election. Subject
     to any such provision, the court shall be guided by the
     following rules but shall have the power to supplement or to
     depart from them if, in its opinion, a different determination
     of the rights of the spouse and others would more nearly carry
     out what would have been the particular decedent's intention had
     he known of the election:
            (1)  In general.--Property which otherwise would pass by
        intestacy shall first be applied toward satisfaction of the
        spouse's elective share. The balance of the elective share
        shall then be charged separately against each conveyance
        subject to the election, the passing of property by will to
        be treated as a conveyance for this purpose, but the spouse
        shall have no right to share in any particular item of
        property within each conveyance. After the value of the
        electing spouse's fractional interest in each conveyance at
        the time of distribution is determined, items of property
        within the conveyance may be allocated disproportionately at
        distribution values between the elective and nonelective
        shares in order to give maximum effect to the decedent's
        intention with respect to the disposition of particular items
        or kinds of property. Property in the nonelective share shall
        be distributed among the beneficiaries of each conveyance in
        accordance with the rules of abatement or by analogy thereto.
            (2)  Disclaimed interests contingent on survival.--If a
        surviving spouse has disclaimed an interest which would have
        terminated at the spouse's death or was contingent upon the
        spouse surviving the decedent, the interests of others shall
        be as they would have been if the spouse had predeceased the
        decedent.
            (3)  Other disclaimed interests.--Except as above
        provided, disclaimed interests shall pass to other
        beneficiaries of the conveyance according to section 2514
        (relating to rules of interpretation), which may be applied
        by analogy to inter vivos conveyances or, where those
        provisions cannot be applied, by way of reversion to the
        personal representative of the decedent's estate.
            (4)  Windfalls.--If the election and disclaimers,
        releases and conveyances by a surviving spouse in connection
        therewith result in an increase in the value of the interest
        of a beneficiary, the court may require contributions from
        such a beneficiary, directly or by sequestering the
        disclaimed, released or conveyed interests, in relief of
        other beneficiaries, so that no beneficiary will receive more
        value than he would have received in the absence of the
        election.
        (c)  Enforcement.--The rights of the electing spouse may be
     enforced, as the court considers appropriate, by orders, decrees
     or judgments requiring the performance of specific acts by, or
     imposing personal liability on:
            (1)  any fiduciary, custodian or obligor to the extent
        that he is in possession of property subject to the spouse's
        election or its proceeds; or
            (2)  the original beneficial recipient of such property
        or the donee of that recipient, including successive donees,
        to the extent that each donee is in possession of such
        property or its proceeds.
     Any such order, decree or judgment of the orphans' court
     division of the county of the decedent's domicile under this
     section may be further enforced as necessary by suits in other
     courts. The liabilities as determined by the court may be
     enforced against fewer than all persons against whom relief
     could be sought but no person shall be subject to contribution
     in any greater amount than he would have been if full relief had
     been secured against all persons subject to contribution.
        (d)  Restraining orders.--The court on petition of a
     surviving spouse may restrain any person from making a payment
     or transfer of property which may be subject to the spouse's
     election, either before or after an election is made.
        (e)  Protection of fiduciaries, custodians and obligors.--
     Unless restrained by court decree, no fiduciary, custodian or
     obligor, other than the personal representative of the
     decedent's estate, shall be liable for making such payments or
     distributions of property subject to the spouse's election as
     would have been required by the terms of the conveyance or
     contract in the absence of an election.
        (f)  Transferees and lienholders for value.--No transferee of
     or holder of a lien against property subject to a spouse's
     election shall be liable to a surviving spouse if the transferee
     or lienholder has given a bona fide consideration, unless a
     certified copy of an order or decree of court providing to the
     contrary with respect to real property has been recorded in the
     office for the recording of deeds of the county where the real
     estate lies prior to the recording of the transfer or the entry
     of the lien of record. The recording of any such order or decree
     shall be indexed in the grantor's index under the name of the
     decedent.

        Cross References.  Section 2211 is referred to in sections
     2202, 2204, 5603 of this title.