§ 2203. Right of election; resident decedent.
(a) Property subject to election.--Except as provided in subsection (c), when a married person domiciled in this Commonwealth
dies, his surviving spouse has a right to an elective share of one-third of the following
property:
(1) Property passing from the decedent by will or intestacy.
(2) Income or use for the remaining life of the spouse of property conveyed by the decedent
during the marriage to the extent that the decedent at the time of his death had the
use of the property or an interest in or power to withdraw the income thereof.
(3) Property conveyed by the decedent during his lifetime to the extent that the decedent
at the time of his death had a power to revoke the conveyance or to consume, invade
or dispose of the principal for his own benefit.
(4) Property conveyed by the decedent during the marriage to himself and another or others
with right of survivorship to the extent of any interest in the property that the
decedent had the power at the time of his death unilaterally to convey absolutely
or in fee.
(5) Survivorship rights conveyed to a beneficiary of an annuity contract to the extent
it was purchased by the decedent during the marriage and the decedent was receiving
annuity payments therefrom at the time of his death.
(6) Property conveyed by the decedent during the marriage and within one year of his death
to the extent that the aggregate amount so conveyed to each donee exceeds $3,000,
valued at the time of conveyance.
In construing this subsection, a power in the decedent to withdraw income or principal,
or a power in any person whose interest is not adverse to the decedent to distribute
to or use for the benefit of the decedent any income or principal, shall be deemed
to be a power in the decedent to withdraw so much of the income or principal as is
subject to such power, even though such income or principal may be distributed only
for support or other particular purpose or only in limited periodic amounts.
(b) Property not subject to election.--The provisions of subsection (a) shall not be construed to include any of the following
except to the extent that they pass as part of the decedent's estate to his personal
representative, heirs, legatees or devisees:
(1) Any conveyance made with the express consent or joinder of the surviving spouse.
(2) The proceeds of insurance, including accidental death benefits, on the life of the
decedent.
(3) Interests under any broad-based nondiscriminatory pension, profit sharing, stock bonus,
deferred compensation, disability, death benefit or other such plan established by
an employer for the benefit of its employees and their beneficiaries.
(4) Property passing by the decedent's exercise or nonexercise of any power of appointment
given by someone other than the decedent.
(c) Nonapplicability.--Pursuant to 23 Pa.C.S. § 3323(d.1) (relating to decree of court), this section shall
not apply in the event a married person domiciled in this Commonwealth dies during
the course of divorce proceedings, no decree of divorce has been entered pursuant
to 23 Pa.C.S. § 3323 and grounds have been established as provided in 23 Pa.C.S. §
3323(g).
(July 11, 1980, P.L.565, No.118, eff. 60 days; Nov. 29, 2004, P.L.1357, No.175, eff.
60 days)
2004 Amendment. Act 175 amended subsec. (a) and added subsec. (c).
Cross References. Section 2203 is referred to in sections 2204, 2205 of this title.
Notes of Decisions
In Re: Est. of Harold E. Rood, 121 A.3d 1104 (Pa. Super. Ct. 2015).
· cites it 9× “collectively, “Appellants”) appeal the orphans’ court’s September 4, 2014 order, which determined that two “payable on death” Vanguard investment accounts (“the Accounts”) opened by Harold Rood (“Decedent”), which named Rood and Lantz as beneficiaries of the Accounts upon…”
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
· cites it 20× “Korn, who married Rabbi Korn on February 9, 1971, elected to take against the will as the surviving spouse under 20 Pa.C.S. § 2203. Mrs. Korn complains that she was not awarded her proper one-third elective share by the trial court.”
In Re Est. of Geyer, 533 A.2d 423 (Pa. 1987).
· cites it 10× “20 Pa.C.S. § 2203. The executor asserted the antenuptial agreement referred to in the will as a bar to the appellant's statutory election.”
Est. of: Simpson, W.Appeal of: Colecchia, D., 305 A.3d 176 (Pa. Super. Ct. 2023).
· cites it 4× “2, 3, 4 Notably, the Objection to Account ____________________________________________ 1 See 20 Pa.C.S. § 2203 (providing the surviving spouse of a resident decedent the right to an elective share of one-third of the property enumerated in subsection 2203(a)); 20 Pa.”
Yelenic v. Clark, 922 A.2d 935 (Pa. Super. Ct. 2007).
· cites it 2× “l) was added to the Divorce Code, section 2203(c) was added to the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2203(c). Section 2203 (“Right of election; resident decedent”) provides: (c) Nonapplicability.”
Valentino, M., Aplt. v. Phila. Triathlon, LLC, 209 A.3d 941 (Pa. 2019).
“§ 2203 (authorizing a surviving spouse to take against the will an elective share of one-third of the deceased's property, subject to certain exceptions, thereby ensuring the surviving spouse's right to some inheritance). Thus, a married individual cannot eliminate his spouse's…”
In re Est. of Easterday, 209 A.3d 331 (Pa. 2019).
“See 20 Pa.C.S. § 2203. The Estate does not challenge our authority to enact Rule 1920.”
Karsenty v. Schoukroun, 959 A.2d 1147 (Md. 2008).
“l-A(b)(1) (West 2008); 20 Pa. Cons.Stat. § 2203(a) (West 2008). 14 Although Kathleen urges that we decide this case, ostensibly, under the doctrine previously referred to as fraud on marital rights, what she seeks is to establish dominion and control by the decedent during his…”
Simeone v. Simeone, 551 A.2d 219 (Pa. 1988).
“See 20 Pa.CS § 2203. If the 13 cars are excluded from the computation, plaintiff’s share would exceed 50% of defendant’s estate.”
In Re Est. of Kessler, 615 A.2d 65 (Pa. Super. Ct. 1992).
· cites it 3× “Wife filed an election to take her one-third share of Father’s property pursuant to 20 Pa.C.S. § 2203(a). In their Petition for Adjudication and Notices of Audit, Sons asserted that Wife had no interest in the trust.”
Hoffman v. Pennsylvania State Employes' Ret. Bd., 743 A.2d 1014 (Pa. Commw. Ct. 2000).
· cites it 2× “, Section 2203 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2203. [1] Once a decree in divorce is granted and, thereafter, one of the parties dies, equitable distribution of marital property continues.”
— 20 Pa. Cons. Stat. § 2203(a) — 6 cases
Karsenty v. Schoukroun, 959 A.2d 1147 (Md. 2008).
“l-A(b)(1) (West 2008); 20 Pa. Cons.Stat. § 2203(a) (West 2008). 14 Although Kathleen urges that we decide this case, ostensibly, under the doctrine previously referred to as fraud on marital rights, what she seeks is to establish dominion and control by the decedent during his…”
In Re Est. of Kessler, 615 A.2d 65 (Pa. Super. Ct. 1992).
“Wife filed an election to take her one-third share of Father’s property pursuant to 20 Pa.C.S. § 2203(a). In their Petition for Adjudication and Notices of Audit, Sons asserted that Wife had no interest in the trust.”
— 20 Pa. Cons. Stat. § 2203(a)(2) — 3 cases
— 20 Pa. Cons. Stat. § 2203(a)(3) — 5 cases
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
“Korn, who married Rabbi Korn on February 9, 1971, elected to take against the will as the surviving spouse under 20 Pa.C.S. § 2203. Mrs. Korn complains that she was not awarded her proper one-third elective share by the trial court.”
In Re: Est. of Harold E. Rood, 121 A.3d 1104 (Pa. Super. Ct. 2015).
“collectively, “Appellants”) appeal the orphans’ court’s September 4, 2014 order, which determined that two “payable on death” Vanguard investment accounts (“the Accounts”) opened by Harold Rood (“Decedent”), which named Rood and Lantz as beneficiaries of the Accounts upon…”
In Re Est. of Kessler, 615 A.2d 65 (Pa. Super. Ct. 1992).
“Wife filed an election to take her one-third share of Father’s property pursuant to 20 Pa.C.S. § 2203(a). In their Petition for Adjudication and Notices of Audit, Sons asserted that Wife had no interest in the trust.”
— 20 Pa. Cons. Stat. § 2203(a)(5) — 1 case
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
“Korn, who married Rabbi Korn on February 9, 1971, elected to take against the will as the surviving spouse under 20 Pa.C.S. § 2203. Mrs. Korn complains that she was not awarded her proper one-third elective share by the trial court.”
— 20 Pa. Cons. Stat. § 2203(a)(6) — 1 case
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
“Korn, who married Rabbi Korn on February 9, 1971, elected to take against the will as the surviving spouse under 20 Pa.C.S. § 2203. Mrs. Korn complains that she was not awarded her proper one-third elective share by the trial court.”
— 20 Pa. Cons. Stat. § 2203(a)(l) — 1 case
— 20 Pa. Cons. Stat. § 2203(b)(3) — 1 case
Est. of Korn, 480 A.2d 1233 (Pa. 1984).
“Korn, who married Rabbi Korn on February 9, 1971, elected to take against the will as the surviving spouse under 20 Pa.C.S. § 2203. Mrs. Korn complains that she was not awarded her proper one-third elective share by the trial court.”
— 20 Pa. Cons. Stat. § 2203(c) — 1 case
Yelenic v. Clark, 922 A.2d 935 (Pa. Super. Ct. 2007).
“l) was added to the Divorce Code, section 2203(c) was added to the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2203(c). Section 2203 (“Right of election; resident decedent”) provides: (c) Nonapplicability.”
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