2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 33 - Administration and Personal Representatives
3323 - Compromise of controversies.

     § 3323.  Compromise of controversies.
        (a)  In general.--Whenever it shall be proposed to compromise
     or settle any claim, whether in suit or not, by or against an
     estate, or to compromise or settle any question or dispute
     concerning the validity or construction of any governing
     instrument, or the distribution of all or any part of any
     estate, or any other controversy affecting any estate, the
     court, on petition by the personal representative or by any
     party in interest setting forth all the facts and circumstances,
     and after such notice as the court shall direct, aided if
     necessary by the report of a master, may enter a decree
     authorizing the compromise or settlement to be made.
        (b)  Pending court action.--
            (1)  Court order.--Whenever it is desired to compromise
        or settle an action in which damages are sought to be
        recovered on behalf of an estate, any court or division
        thereof in which such action is pending and which has
        jurisdiction thereof may, upon oral motion by plaintiff's
        counsel of record in such action, or upon petition by the
        personal representative of such decedent, make an order
        approving such compromise or settlement. Such order may
        approve an agreement for the payment of counsel fees and
        other proper expenses incident to such action.
            (2)  Order not subject to collateral attack.--The order
        of the court approving such compromise or settlement or an
        agreement for the payment of counsel fees and other expenses
        shall not be subject to collateral attack in the orphans'
        court division in the settlement of an estate.
            (3)  Filing copy of order; additional security.--The
        personal representative shall file a copy of the order of the
        court approving such compromise or settlement in the office
        of the register of wills or clerk of the court having
        jurisdiction of the estate. When the personal representative
        has been required to give bond, he shall not receive the
        proceeds of any such compromise or settlement until the court
        of the county having jurisdiction of his estate has made an
        order excusing him from entering additional security or
        requiring additional security, and in the latter event, only
        after he has entered the additional security.

        Cross References.  Section 3323 is referred to in sections
     5144, 5521, 7792 of this title.