2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 35 - Accounts and Distribution
3532 - At risk of personal representative.

     § 3532.  At risk of personal representative.
        (a)  Rights of claimants against personal representatives.--A
     personal representative, at his own risk and without the filing,
     audit or confirmation of his account, may distribute real or
     personal property and such distribution shall be without
     liability to any claimant against the decedent, unless the claim
     of such claimant is known to the personal representative within
     one year after the first complete advertisement of the grant of
     letters to such personal representative or thereafter but prior
     to such distribution.
        (b)  Rights of claimants against distributed property.--
            (1)  Personal property.--No claimant shall have any claim
        against personal property distributed by a personal
        representative at his own risk pursuant to subsection (a),
        unless the claim of such claimant is known to the personal
        representative within one year after the first complete
        advertisement of the grant of letters or thereafter but prior
        to such distribution.
            (2)  Real property.--No claimant shall have any claim
        against real property conveyed by a personal representative
        in distribution at his own risk pursuant to subsection (a)
        hereof, unless such claimant, within one year after the
        decedent's death, files a written notice of his claim with
        the clerk. Such claim against real property shall expire at
        the end of five years after the decedent's death, unless
        within that time the personal representative files an account
        or the claimant files a petition to compel an accounting.
            (3)  Liens and charges existing at death.--Nothing in
        this section shall be construed as affecting any lien or
        charge which existed at the time of the decedent's death on
        his real or personal property.
        (b.1)  Limitation on rights of claimants.--A personal
     representative may make written demand by mail or delivery to
     any person who may have a claim but who has not previously given
     written notice of his claim to the personal representative. If
     the personal representative's demand requests the person to give
     written notice of his claim within 60 days from the mailing or
     delivery of the demand or within one year from the first
     complete advertisement of the grant of letters, whichever is
     later, and the person fails to do so, the person shall not have
     any rights with respect to such claim under subsection (a) or
     (b)(1) and shall not have any right on account of such claim to
     receive notice of the filing of the personal representative's
     account and of its call for audit or confirmation. The personal
     representative shall not be liable to any such person or to any
     beneficiary, heir or next of kin or creditor of the estate for
     making or failing to make demand under this subsection.
        (c)  Record of risk distributions.--The personal
     representative may file with the clerk receipts, releases and
     refunding agreements which he may have received from persons to
     whom he has made a risk distribution, or from other parties in
     interest. Receipts, releases and refunding agreements so filed
     shall be indexed under the name of the estate. Their acceptance
     shall not be construed as court approval of any act of
     administration or distribution therein reflected.
     (July 9, 1976, P.L.551, No.135, eff. imd.; Dec. 16, 1992,
     P.L.1163, No.152, eff. imd.)

        1992 Amendment.  Act 152 amended subsecs. (a) and (b)(1) and
     added subsec. (b.1). Section 27(d) of Act 152 provided that the
     amendment or addition of subsecs. (a), (b)(1) and (b.1) shall
     apply to the estates of decedents dying on or after the
     effective date of Act 152.
        1976 Amendment.  Act 135 added subsec. (c).
        Cross References.  Section 3532 is referred to in sections
     3503, 5163, 5533, 7799.2 of this title.