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20 Pa.C.S.A. § 2101
§ 2101. Intestate estate
Effective: [See Text Amendments]



20 Pa.C.S.A. § 2101

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
 Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)  

  Chapter 21. Intestate Succession (Refs & Annos) 

  >>§ 2101. Intestate estate 



(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will.


(b) Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.

CREDIT(S)

1972, June 30, P.L. 508, No. 164, § 2, eff. July 1, 1972. Amended 1978, April 18, P.L. 42, No. 23, § 1, effective in 60 days; 1994, Dec. 1, P.L. 655, No. 102, § 1, effective in 60 days.

JT. ST. GOVT. COMM. COMMENT--1978

2005 Main Volume

 This section is rewritten for stylistic purposes. Similar changes are made in Sections 2103 and 2104. 


JT. ST. GOVT. COMM. COMMENT--1994

2005 Main Volume

 New subsection (b) adopts a concept contained in the Uniform Probate Code (§ 2-101) which allows negative wills. Such a will disinherits someone but does not affirmatively give the property to someone else. There is no reason today to frustrate a testator's intent by following a common law rule for which there is no rationale. The comment to UPC § 2-101 explains this in more detail. Note that the disinherited person's children might take in his place. 


HISTORICAL AND STATUTORY NOTES

2005 Main Volume

Act 1978-23 legislation

The 1978 amendment rewrote the section, which prior thereto read:

"§ 2101. Intestate descent

"The real and personal estate of a decedent, whether male or female, subject to payment of debts and charges, and not disposed of by will or otherwise, shall descend as hereinafter provided."

Section 9 of 1978, April 18, P.L. 42, No. 23, provides that the act shall take effect in 60 days and shall apply only to decedents dying after the effective date.

Act 1994-102 legislation

The 1994 amendment rewrote the section, which formerly read:

"All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter."

Section 10(1) of 1994, Dec. 1, P.L. 655, No. 102, provides that "[t]he amendment of 20 Pa.C.S. §§ 2101, 3101(a), 3102, 3121 and 3531 shall apply to the estates of decedents dying on or after the effective date of this act."

Prior Laws:
 1917, June 7, P.L. 429, § 1 (20 P.S. § 1). 

 1947, April 24, P.L. 80, § 1 (20 P.S. § 1.1). 

20 Pa.C.S.A. § 2101, PA ST 20 Pa.C.S.A. § 2101


Current through Acts 2009-36, and 38 to 40


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