HB 1976 — 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
 1   Amending Title 20 (Decedents, Estates and Fiduciaries) of the
 2      Pennsylvania Consolidated Statutes, in dispositions
 3      independent of letters, family exemption and probate of wills
 4      and grant of letters, further providing for payments to
 5      family and funeral directors.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 3101(a), (b) and (c) of Title 20 of the
 9   Pennsylvania Consolidated Statutes are amended to read:
10   § 3101.   Payments to family and funeral directors.
11      (a)    Wages, salary or employee benefits.--Any employer of a
12   person dying domiciled in this Commonwealth at any time after
13   the death of the employee, whether or not a personal
14   representative has been appointed, may pay wages, salary or any
15   employee benefits due the deceased in an amount not exceeding
16   [$10,000] $20,000 to the spouse, any child, the father or
17   mother, or any sister or brother (preference being given in the
18   order named) of the deceased employee. Any employer making such
19   a payment shall be released to the same extent as if payment had
 1   been made to a duly appointed personal representative of the
 2   decedent and he shall not be required to see to the application
 3   thereof. Any person to whom payment is made shall be answerable
 4   therefor to anyone prejudiced by an improper distribution.
 5      (b)   Deposit account.--Any bank, savings association, savings
 6   and loan association, building and loan association, credit
 7   union or other savings organization, at any time after the death
 8   of a depositor, member or certificate holder, shall pay the
 9   amount on deposit or represented by the certificate[, when the
10   total standing to the credit of the decedent in that institution
11   does not exceed $10,000,] to a licensed funeral home or
12   cemetery, with preference given in the order named, for the
13   decedent's burial expenses in an amount not exceeding $20,000,
14   whether or not a personal representative has been appointed,
15   after presentation of an invoice for amounts due or a receipt of
16   payment for burial expenses. After payment of the decedent's
17   burial expenses, the balance of the decedent's account shall be
18   made payable, not exceeding $20,000, to the spouse, any child,
19   the father or mother or any sister or brother (preference being
20   given in the order named) of the deceased depositor, member or
21   certificate holder, provided that a receipted funeral bill or an
22   affidavit, executed by a licensed funeral director which sets
23   forth that satisfactory arrangements for payment of funeral
24   services have been made, is presented. Any bank, association,
25   credit union or other savings organization making such a payment
26   shall be released to the same extent as if payment had been made
27   to a duly appointed personal representative of the decedent and
28   it shall not be required to see to the application thereof. Any
29   person to whom payment is made shall be answerable therefor to
30   anyone prejudiced by an improper distribution.

20250HB1976PN2496                  - 2 -
 1      (c)   Patient's care account.--When the decedent was a
 2   qualified recipient of medical assistance from the Department of
 3   [Public Welfare] Human Services, the facility in which he was a
 4   patient may make payment of funds, if any, remaining in the
 5   patient's care account, for the decedent's burial expenses to a
 6   licensed funeral [director] home in an amount not exceeding
 7   [$10,000] $20,000 whether or not a personal representative has
 8   been appointed. After the payment of decedent's burial expenses,
 9   the facility may pay the balance of decedent's patient's care
10   account, as long as the payments, including the payment for
11   burial expenses, does not exceed [$10,000] $20,000, to the
12   spouse, any child, the father or mother or any sister or brother
13   (preference being given in the order named) of the deceased
14   patient. Any facility making such a payment shall be released to
15   the same extent as if payment had been made to a duly appointed
16   personal representative of the decedent and it shall not be
17   required to see to the application thereof. Any [licensed
18   funeral director or other] person to whom payment is made shall
19   be answerable therefor to anyone prejudiced by an improper
20   distribution.
21      * * *
22      Section 2.   This act shall take effect in 60 days.




20250HB1976PN2496                  - 3 -