2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 35 - Accounts and Distribution
3540 - Absentee and additional distributees.

     § 3540.  Absentee and additional distributees.
        (a)  Distributions due absentees.--
            (1)  If the continued existence or whereabouts of an
        heir, devisee or legatee who once existed cannot be
        ascertained at the time of the audit of the personal
        representative's account, the court, unless it finds pursuant
        to section 5701 (relating to proof of death) that the
        absentee's death has disqualified him as a distributee of the
        estate, or unless a trustee has been appointed for such
        absentee pursuant to section 5702 (relating to trustee for
        absentee), shall direct that any property distributable to
        the absentee shall be converted into money that shall be paid
        into the State Treasury, through the Department of Revenue.
        The moneys shall be held in a custodial capacity subject to
        refund, without appropriation, pursuant to section 24 of
        Article III of the Constitution of Pennsylvania.
            (2)  The court shall retain jurisdiction with respect to
        any claim to such moneys. Upon further findings and order of
        court that a claimant is entitled to all or a part of the
        moneys, the Department of Revenue, upon petition, shall
        refund such moneys pursuant to the order of court.
        (b)  Possibility of additional distributees.--If the
     existence of a person or persons would affect the distribution
     of an estate but there is no proof that such a person ever
     existed, and the court is satisfied that all reasonable steps
     have been taken to determine whether such a person existed, the
     court may award distribution of the estate to those who would be
     entitled if no such person existed, with or without refunding
     bonds. Any such bond shall be without security, shall be in such
     form and amount as the court directs, shall be executed by each
     distributee and filed with the clerk, and shall provide that if,
     within seven years or any shorter period fixed by the court, it
     is later established that there is an additional person or
     persons entitled to share in the distribution of the estate, the
     distributee upon demand will return such portion or all of the
     property received by him as the court may direct or, if it has
     been disposed of, will make such restitution as the court deems
     equitable. In the case of distribution under this subsection to
     the Commonwealth as intestate heir, in lieu of bond, payment
     shall be as provided in subsection (a).
     (July 11, 1980, P.L.565, No.118, eff. imd.; Oct. 12, 1984,
     P.L.929, No.182, eff. imd.)

        1984 Amendment.  Section 15 of Act 182 provided that the
     amendment of section 3540 shall apply to trusts and the estates
     of decedents, whether the trust was created or the decedent died
     before, on or after the effective date of Act 182, as well as to
     funds presently held by the clerks.
        Cross References.  Section 3540 is referred to in section
     7799.2 of this title.