An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in intestate succession, further providing for shares of others than surviving spouse.

PRINTER'S NO. 1208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1091
Session of
2025
INTRODUCED BY ECKER, STENDER, STAATS, SMITH, KENYATTA, JAMES,
MOUL, SOLOMON, SCHMITT, COOK, WATRO, FRITZ, RYNCAVAGE, PUGH,
FLICK, HAMM, KLUNK, GROVE AND HILL-EVANS, APRIL 1, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 1, 2025
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in intestate succession,
further providing for shares of others than surviving spouse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2103 of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2103. Shares of others than surviving spouse.
(a) Order of succession.--The share of the estate, if any,
to which the surviving spouse is not entitled, and the entire
estate if there is no surviving spouse, shall pass in the
following order:
(1) Issue.--To the issue of the decedent.
(2) Parents.--If no issue survives the decedent, then to
the parents or parent of the decedent.
(3) Brothers, sisters, or their issue.--If no parent
survives the decedent, then to the issue of each of the
decedent's parents.
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(4) Grandparents.--If no issue of either of the
decedent's parents but at least one grandparent survives the
decedent, then half to the paternal grandparents or
grandparent, or if both are dead, to the children of each of
them and the children of the deceased children of each of
them, and half to the maternal grandparents or grandparent,
or if both are dead to the children of each of them and the
children of the deceased children of each of them. If both of
the paternal grandparents or both of the maternal
grandparents are dead leaving no child or grandchild to
survive the decedent, the half which would have passed to
them or to their children and grandchildren shall be added to
the half passing to the grandparents or grandparent or to
their children and grandchildren on the other side.
(5) Uncles, aunts and their children, and
grandchildren.--If no grandparent survives the decedent, then
to the uncles and aunts and the children and grandchildren of
deceased uncles and aunts of the decedent as provided in
section 2104(1) (relating to [taking in different degrees]
rules of succession).
(6) [Commonwealth] Endowed community fund.--In default
of all persons hereinbefore described, then to [the
Commonwealth of Pennsylvania.] an endowed community fund that
serves the final county of residence of the decedent.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Community foundation." An organization that meets all of
the following requirements:
(1) H as been in existence for at least 10 years.
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(2) Supports a broad range of charitable activities.
(3) Qualifies for exemption from Federal income taxation
under 26 U.S.C. § 501(c)(3) (relating to exemption from tax
on corporations, certain trusts, etc.).
(4) Maintains an ongoing program to attract new
endowment money by seeking gifts and bequests from a wide
range of potential donors.
(5) Is publicly supported, as described in 26 CFR
1.170A-9(f) (relating to definition of section 170(b)(1)(A)
organization).
(6) Meets the requirements for treatment as a single
entity under 26 CFR 1.170A-9(f)(11).
(7) Has an independent governing body that represents
the interests of the general public and is not appointed by a
single outside entity.
(8) Maintains continually at least one part-time or
full-time employee.
(9) Is subject to an annual independent financial audit.
"Endowed community fund." A fund held by a community
foundation that provides grants and benefits to charitable
causes and is intended to exist in perpetuity.
Section 2. This act shall take effect in 60 days.
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