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§ 2102. Share of surviving spouse

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: September 11, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 21. Intestate Succession (Refs & Annos)
Effective: September 11, 2001
20 Pa.C.S.A. § 2102
§ 2102. Share of surviving spouse
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.
(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230).1
(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.
(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).

Credits

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; 1980, July 11, P.L. 565, No. 118, § 2, effective in 60 days; 2003, Oct. 3, P.L. 175, No. 26, § 1, imd. effective.
JT. ST. GOVT. COMM. COMMENT--1978
This represents an important expansion of the surviving spouse's intestate share by substituting for present Pennsylvania law the more generous spouse's share provisions of Section 2-102 of the Uniform Probate Code, except that the allowance is kept at $20,000 rather than increased to $50,000.
Paragraph (1): The spouse will take the entire estate in the absence of issue or parents, rather than only in the absence of issue, parents, brothers, sisters, nephews, nieces, grandparents, uncles and aunts, as under present law.
Paragraph (3): The spouse will take the $20,000 allowance plus one-half the balance, even when issue survives, so long as the spouse is the parent of the issue. Under present law, the spouse is confined to one-half of the estate if one child survives (with no allowance) or one-third of the estate if more than one child survives.
Paragraph (4): This covers the stepchild situation where the decedent is survived by issue of a former marriage. As under present law, there is no allowance but the spouse takes one-half in all cases in lieu of one-half or one-third depending on the number of children.
Paragraph (5): This provision for partial intestacy continues present Pennsylvania law.
JT. ST. GOVT. COMM. COMMENT--1980
Section 2102 of the Code is amended to increase the initial share of a surviving spouse from $20,000 to $30,000, in the case where a decedent is survived by a parent or issue all of whom are issue of the surviving spouse.
This amendment conforms the monetary amount to that of the Uniform Probate Code (see UPC § 2-102) and reflects the inflationary trend since the last increase in 1967.
HISTORICAL AND STATUTORY NOTES
Act 1978-23 legislation
The 1978 amendment rewrote the section, which prior thereto read:
“The surviving spouse shall be entitled to the following share or shares:
“(1) More than one child. One-third if the decedent is survived by more than one child, or by one or more children and the issue of a deceased child or children, or by the issue of more than one deceased child; or
“(2) One child. One-half if the decedent is survived by one child only, or by no child, but by the issue of one deceased child; or
“(3) No issue. The first $20,000 in value and one-half of the balance of the estate, if the decedent is survived by no issue. In case of partial intestacy, any amount received by the surviving spouse under the will shall satisfy pro tanto the $20,000 allowance; or
“(4) No issue or other designated person. All of the estate if the decedent is survived by no issue, parent, brother, sister, child of a brother or sister, grandparent, uncle, or aunt.”
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 1980-118 legislation
The 1980 amendment increased sum, throughout section, from $20,000 to $30,000.
Act 2003-26 legislation
Act 2003-26, § 1, in par. (2), added the second sentence.
Section 2 of 2003, Oct. 3, P.L. 175, No. 26, imd. effective, provides that “[t]his act shall be retroactive to September 11, 2001.”
Prior Laws:
1917, June 7, P.L. 429, §§ 1, 2 and 17 (20 P.S. § 1, 2, 11 to 18, 111 and 112).
1947, April 24, P.L. 80, § 2 (20 P.S. § 1.2).
1956, Feb. 10, P.L. (1955) 1037, § 1.
1967, Oct. 9, P.L. 420, § 1.

Footnotes

49 U.S.A.C. § 40101 note.
20 Pa.C.S.A. § 2102, PA ST 20 Pa.C.S.A. § 2102
Current through 2017 Regular Session Act 82 (End)
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