An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in dispositions independent of letters, family exemption and probate of wills and grant of letters, further providing for payments to family and funeral directors.

PRINTER'S NO. 2496
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1976
Session of
2025
INTRODUCED BY CONKLIN, GIRAL, McNEILL, GUENST, MAYES, GILLEN,
OTTEN, D. WILLIAMS, CIRESI, HILL-EVANS, SANCHEZ, WARREN AND
GREEN, OCTOBER 21, 2025
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 22, 2025
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in dispositions
independent of letters, family exemption and probate of wills
and grant of letters, further providing for payments to
family and funeral directors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3101(a), (b) and (c) of Title 20 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3101. Payments to family and funeral directors.
(a) Wages, salary or employee benefits.--Any employer of a
person dying domiciled in this Commonwealth at any time after
the death of the employee, whether or not a personal
representative has been appointed, may pay wages, salary or any
employee benefits due the deceased in an amount not exceeding
[$10,000] $20,000 to the spouse, any child, the father or
mother, or any sister or brother (preference being given in the
order named) of the deceased employee. Any employer making such
a payment shall be released to the same extent as if payment had
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been made to a duly appointed personal representative of the
decedent and he shall not be required to see to the application
thereof. Any person to whom payment is made shall be answerable
therefor to anyone prejudiced by an improper distribution.
(b) Deposit account.--Any bank, savings association, savings
and loan association, building and loan association, credit
union or other savings organization, at any time after the death
of a depositor, member or certificate holder, shall pay the
amount on deposit or represented by the certificate[, when the
total standing to the credit of the decedent in that institution
does not exceed $10,000,] to a licensed funeral home or
cemetery, with preference given in the order named, for the
decedent's burial expenses in an amount not exceeding $20,000,
whether or not a personal representative has been appointed,
after presentation of an invoice for amounts due or a receipt of
payment for burial expenses. After payment of the decedent's
burial expenses, the balance of the decedent's account shall be
made payable, not exceeding $20,000, to the spouse, any child,
the father or mother or any sister or brother (preference being
given in the order named) of the deceased depositor, member or
certificate holder, provided that a receipted funeral bill or an
affidavit, executed by a licensed funeral director which sets
forth that satisfactory arrangements for payment of funeral
services have been made, is presented. Any bank, association,
credit union or other savings organization making such a payment
shall be released to the same extent as if payment had been made
to a duly appointed personal representative of the decedent and
it shall not be required to see to the application thereof. Any
person to whom payment is made shall be answerable therefor to
anyone prejudiced by an improper distribution.
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(c) Patient's care account.--When the decedent was a
qualified recipient of medical assistance from the Department of
[Public Welfare] Human Services, the facility in which he was a
patient may make payment of funds, if any, remaining in the
patient's care account, for the decedent's burial expenses to a
licensed funeral [director] home in an amount not exceeding
[$10,000] $20,000 whether or not a personal representative has
been appointed. After the payment of decedent's burial expenses,
the facility may pay the balance of decedent's patient's care
account, as long as the payments, including the payment for
burial expenses, does not exceed [$10,000] $20,000, to the
spouse, any child, the father or mother or any sister or brother
(preference being given in the order named) of the deceased
patient. Any facility making such a payment shall be released to
the same extent as if payment had been made to a duly appointed
personal representative of the decedent and it shall not be
required to see to the application thereof. Any [licensed
funeral director or other] person to whom payment is made shall
be answerable therefor to anyone prejudiced by an improper
distribution.
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Section 2. This act shall take effect in 60 days.
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