CHAPTER 22
ELECTIVE SHARE OF SURVIVING SPOUSE
Sec.
2201. Definition of conveyance.
2202. Right of election; nonresident decedent.
2203. Right of election; resident decedent.
2204. Disclaimers, releases and charges against elective share.
2205. Transfers for value excluded.
2206. Right of election personal to surviving spouse.
2207. Waiver of right to elect.
2208. Forfeiture of right of election.
2209. Surviving spouse as witness.
2210. Procedure for election; time limit.
2211. Determination of effect of election; enforcement.
Enactment. Chapter 22 was added April 18, 1978, P.L.42, No.23, effective in 60 days.
Cross References. Chapter 22 is referred to in section 3702 of this title.
§ 2201. Definition of conveyance.
As used in this chapter, unless the context clearly indicates otherwise, "conveyance"
means an act by which it is intended to create an interest in real or personal property
whether the act is intended to have inter vivos or testamentary operation.
Notes of Decisions
In Re: Est. of Harold E. Rood, 121 A.3d 1104 (Pa. Super. Ct. 2015).
· cites it 3× “20 Pa.C.S. § 2201[ 7 ]. During his lifetime, [Decedent] clearly had the ability to consume, invade or dispose of the contents of his Vanguard accounts[,] and his opening of the [Accounts] and designation of [Rood and Lantz] as beneficiaries acted as a conveyance for the purpose…”
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
· cites it 2× “" 20 Pa.C.S. § 2201. Here, decedent's designation of beneficiaries could have no "inter vivos .”
In re Est. of Hart, 801 A.2d 599 (Pa. Super. Ct. 2002).
“The definition of “conveyance” found in § 6101 was identical to the present statutory definition of “conveyance” found in 20 Pa.C.S. § 2201. The Court found that a joint tenancy with a right of survivorship was to be treated as a “conveyance.”
Order Amending Rules 1.7, 1.8, 2.1, 2.5, 2.7, 3.5, 3.7, 4.3, 4.6, 5.1, 5.3, 5.4, 7.1, 10.1, 10.5, & the Index of the Appendix of the Pa Orphans' Court Rules, & Rescinding & Replacing Forms Oc-01 Through Oc-05 & Rw-03 Through Rw-10 (Pa. 2019).
“[_] Yes[_] No LINyvA (see 20 Pa.C.S. §§ 2201 et seq.) If yes, attach a copy of the election and state date of election: 5.”
Neilson Est., 47 Pa. D. & C.3d 355 (1987).
“*357 In her petition, plaintiff explains that she “is disposed to claim her elective share of one-third of the items of property” in her late husband’s estate subject to election under 20 Pa.C.S. §2201 et seq., so that she may share in the personal and household effects passing…”
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