2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 33 - Administration and Personal Representatives
3328 - Disagreement of personal representatives.

     § 3328.  Disagreement of personal representatives.
        (a)  Decision of majority.--If a dispute shall arise among
     personal representatives, the decision of the majority shall
     control unless otherwise provided by the governing instrument,
     if any. A dissenting personal representative shall join with the
     majority to carry out a majority decision requiring affirmative
     action and may be ordered to do so by the court. A dissenting
     personal representative shall not be liable for the consequences
     of any majority decision even though he joins in carrying it
     out, if his dissent is expressed promptly to all the other
     personal representatives: Provided, That liability for failure
     to join in administering the estate or to prevent a breach of
     trust may not be thus avoided.
        (b)  When no majority.--When a dispute shall arise among
     personal representatives as to the exercise or nonexercise of
     any of their powers and there shall be no agreement of a
     majority of them, unless otherwise provided by the governing
     instrument, the court, upon petition filed by any of the
     personal representatives or by any party in interest, aided if
     necessary by the report of a master, in its discretion, may
     direct the exercise or nonexercise of the power as the court
     shall deem for the best interest of the estate.

        Cross References.  Section 3328 is referred to in sections
     5144, 5521 of this title.

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