PRINTER'S NO. 63
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
72
Session of
2015
INTRODUCED BY READSHAW, COHEN, KORTZ, CALTAGIRONE, GRELL,
MILLARD, THOMAS, D. COSTA, KOTIK, DeLUCA, BARBIN, GINGRICH
AND MAHONEY, JANUARY 21, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in ownership of property,
legal title and equitable estate, further providing for right
to dispose of a decedent's remains.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 305(d)(2) of Title 20 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 305. Right to dispose of a decedent's remains.
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(d) Procedure.--Where a petition alleging enduring
estrangement, incompetence, contrary intent or waiver and
agreement is made within 48 hours of the death or discovery of
the body of the decedent, whichever is later, a court may order
that no final disposition of the decedent's remains take place
until a final determination is made on the petition. Notice to
each person with equal or higher precedence than the petitioner
to the right to dispose of the decedent's remains and to his
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attorney if known and to the funeral home or other institution
where the body is being held must be provided concurrently with
the filing of the petition. A suitable bond may be required by
the court.
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(2) If two [or more] persons with equal standing as next
of kin disagree on disposition of the decedent's remains, the
authority to dispose shall be determined by the court, with
preference given to the person who had the closest
relationship with the deceased. If more than two persons with
equal standing as next of kin disagree on disposition of the
decedent's remains, the authority to dispose shall be
determined by the majority. Where two or more persons with
equal standing cannot reach a majority decision, the court
shall make a final determination on disposition of the
decedent's remains.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0072PN0063 - 2 -
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