§ 3546. Determination of title to decedent's interest in real estate
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 1, 2017
Effective: January 1, 2017
20 Pa.C.S.A. § 3546
§ 3546. Determination of title to decedent's interest in real estate
(3) There is a conflict between this section and either section 2103(6) (relating to shares of others than surviving spouse) or Article XIII.1 of the act of April 9, 1929 (P.L. 343, No. 176),1 known as The Fiscal Code, with respect to a petition by an entity under subsection (c)(2). The rights granted under this section shall supersede any right of the Commonwealth created under section 2103(6) or Article XIII.1 of The Fiscal Code.
(2) have declared as void, unenforceable and canceled of record a fraudulent conveyance of the decedent's interest in the real estate and to the extent otherwise authorized by law any lien, title, claim or interest arising in the property by, from or under the fraudulent conveyance, including any subsequent transfers of property following the fraudulent conveyance and any liens to the extent that they have attached to the property as a result of the fraudulent conveyance, after all interested parties have been given proper notice under subsection (f).
(2) A nonprofit corporation organized for community development purposes under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), a municipality in which the real estate is located or a redevelopment authority created and organized under the act of May 24, 1945 (P.L. 991, No. 385),2 known as the Urban Redevelopment Law, having jurisdiction in the municipality in which the real estate is located upon a showing by clear and convincing evidence to the court that:
(1) Notice shall be given to all persons reasonably identifiable as eligible to file a petition under subsection (c), creditors that do not have liens of record, to the extent known, and all other persons and parties in interest reasonably known to hold or claim a lien, title, claim or other interest in the property in accordance with the Pennsylvania Orphans' Court Rules.3 Notice shall also be given by:
(1) Aided if necessary by the report of a master, the court may enter an order adjudging that the title to the decedent's interest in the real estate is in the petitioner, free of all decedent's debts not then liens of record, and regardless of the provisions of any testamentary writing of the decedent thereafter probated, or an order directing other appropriate relief as the court determines.
(1) A petition filed under subsection (b) and notice of petition given under subsection (f) shall include the county tax parcel number or Uniform Parcel Identifier for each parcel included. A party alleging any failure to comply with the requirements of this paragraph must do so in the manner provided for raising an affirmative defense.
(2) An order presented for recording under subsection (g) shall comply with section 3 of the act of April 24, 1931 (P.L. 48, No. 40),4 entitled “An act requiring the recording of certain written agreements pertaining to real property, and prescribing the effect thereof as to subsequent purchasers, mortgagees, and judgment creditors of the parties thereto.”
Credits
1972, June 30, P.L. 508, No. 164, § 2, effective July 1, 1972. Amended 2016, July 8, P.L. 497, No. 79, § 3, effective Jan. 1, 2017.
Footnotes
72 P.S. § 1301.1 et seq.
35 P.S. § 1701 et seq.
Pa.O.C.Rules, Rule 3.1 et seq.
21 P.S. § 358.
20 Pa.C.S.A. § 3546, PA ST 20 Pa.C.S.A. § 3546
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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