2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 33 - Administration and Personal Representatives
3357 - Title of purchaser.

     § 3357.  Title of purchaser.
        (a)  General rule.--If the personal representative has given
     such bond, if any, as shall be required in accordance with this
     title, any sale, mortgage, or exchange by him, whether pursuant
     to a decree or to the exercise of a testamentary power or of a
     power under this title, shall pass the full title of the
     decedent therein, unless otherwise specified, discharged from
     the lien of legacies, from liability for all debts and
     obligations of the decedent, from all liabilities incident to
     the administration of the decedent's estate, and from all claims
     of distributees and of persons claiming in their right, except
     that no such sale, mortgage or exchange by a personal
     representative, unless made under section 3353 (relating to
     order of court) for the purpose of divesting a lien existing at
     the decedent's death, shall divest the interest of a bona fide
     grantee of, or a holder of a lien on, real property of the
     decedent who has acquired such interest for value under a prior
     recorded document from or through those entitled to the interest
     of the decedent in the real property by will or by intestacy,
     either:
            (1)  more than one year after the death of the decedent
        and when no letters issued in the Commonwealth upon the
        decedent's estate were in effect; or
            (2)  within such year if no letters upon the decedent's
        estate have been issued in the Commonwealth during that year.
        (b)  Effect of certain circumstances.--Persons dealing with
     the personal representative shall have no obligation to see to
     the proper application of the cash or other assets given in
     exchange for the property of the estate. Any sale or exchange by
     a personal representative pursuant to a decree under section
     3353 shall have the effect of a judicial sale, but the court may
     decree a sale or exchange freed and discharged from the lien of
     any mortgage otherwise preserved from discharge by existing law,
     if the holder of such mortgage shall consent by writing filed in
     the proceeding. No such sale, mortgage, exchange, or conveyance
     shall be prejudiced by the terms of any will or codicil
     thereafter probated or by the subsequent revocation of the
     letters of the personal representative who made the sale,
     mortgage, exchange, or conveyance if the person dealing with the
     personal representative did so in good faith.
     (July 9, 1976, P.L.551, No.135, eff. imd.)

        Cross References.  Section 3357 is referred to in section
     8152 of Title 42 (Judiciary and Judicial Procedure).

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