20 Pa. Cons. Stat. § 3323

Compromise of controversies.

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§ 3323. Compromise of controversies.

(a) In general.--Whenever it shall be proposed to compromise or settle any claim, whether in suit or not, by or against an estate, or to compromise or settle any question or dispute concerning the validity or construction of any governing instrument, or the distribution of all or any part of any estate, or any other controversy affecting any estate, the court, on petition by the personal representative or by any party in interest setting forth all the facts and circumstances, and after such notice as the court shall direct, aided if necessary by the report of a master, may enter a decree authorizing the compromise or settlement to be made.

(b) Pending court action.--

(1) Court order.--Whenever it is desired to compromise or settle an action in which damages are sought to be recovered on behalf of an estate, any court or division thereof in which such action is pending and which has jurisdiction thereof may, upon oral motion by plaintiff's counsel of record in such action, or upon petition by the personal representative of such decedent, make an order approving such compromise or settlement. Such order may approve an agreement for the payment of counsel fees and other proper expenses incident to such action.

(2) Order not subject to collateral attack.--The order of the court approving such compromise or settlement or an agreement for the payment of counsel fees and other expenses shall not be subject to collateral attack in the orphans' court division in the settlement of an estate.

(3) Filing copy of order; additional security.--The personal representative shall file a copy of the order of the court approving such compromise or settlement in the office of the register of wills or clerk of the court having jurisdiction of the estate. When the personal representative has been required to give bond, he shall not receive the proceeds of any such compromise or settlement until the court of the county having jurisdiction of his estate has made an order excusing him from entering additional security or requiring additional security, and in the latter event, only after he has entered the additional security.

Cross References. Section 3323 is referred to in sections 5144, 5521, 7792 of this title.

Notes of Decisions

Cited in 25 cases (7 in the last 5 years), 1990–2025 · leading case: Geniviva v. Frisk

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Geniviva v. Frisk (1999) pa · cites it 4× “The question in this appeal is whether a common pleas court order denying a motion to approve a settlement filed pursuant to 20 Pa.C.S. § 3323, is a collateral order appealable as of right under Pa.”

Moore v. Gates (1990) pa · cites it 6× “164, 20 Pa.C.S. § 3323. This section provides in pertinent part as follows: § 3323.”

Dougherty, J., Aplt. v. Heller, K. (2016) pa · cites it 2× “2d at 1214 (holding that an order denying of a motion to approve a settlement under Section 3323 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. §3323, did not meet the importance criterion of the collateral order doctrine).”

Schuster v. Reeves (1991) pasuperct · cites it 2× “164, 20 Pa.C.S. § 3323. This section provides in pertinent part as follows: § 3323.”

Stone Ex Rel. Stone v. CSX Transportation, Inc. (1998) wvsd “01-55 (1950); 20 Pa. Cons.Stat. § 3323 (1997); S.C.Code § 15-51-42(B) (Supp.”

Davies v. Southeastern Pennsylvania Transportation Authority (2005) pacommwct “1999) (local rule requiring delivery within twenty days of settlement proceeds, even if settlement not yet approved by court, invalid because it conflicts with 20 Pa.C.S. § 3323 and Pa. R.C.P. No. 2206, both of which require court approval of settlements); McGratton v.”

In re Estate of Merryman (1995) pacommwct “On October 27,1994, the Administratrix filed a “petition for approval of the compromise of its claims” with the Court of Common Pleas of Clarion County as required by Section 3323 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 3323. 1 The petition of compromise…”

Walsh v. Strenz (1999) pamd “The importance of protecting the estate of the decedent as well as creditors of the estate is embodied in 20 Pa. Cons.Stat. Ann. § 3323, which requires court approval of any settlement of a survival action.”

Carter v. Southeastern Pennsylvania Transportation Authority (SEPTA) (2002) pacommwct “…should be interpreted similarly. 1 Pa.C.S. § 1921(c)(5). . 20 Pa.C.S. § 3323. . The major costs are: $13,233.75 fee for an engineer’s report and trial testimony; and $7,925 fee for an expert medical report. Reproduced Record, 20a.”

Estate of W.A. O'Connor, Jr., Appeal of J. O'Connor, Administratrix (2016) pacommwct “See Section 3323 of the Probate, Estates and Fiduciaries Code (Code), 20 Pa.C.S. § 3323 (requiring court approval of settlement of survival actions).”

Groomes v. Gaut (1992) pasuperct “20 Pa.C.S. § 3323 states, in pertinent part, (a) In general.”

Moore v. Pocono Medical Center (2001) pactcomplmonroe “” (20 Pa.C.S. §3323.) Furthermore, our Superior Court has held that where wrongful death and survival actions are settled for a single amount, the amount apportioned to the survival action must be approved by a court.”

Show all 25 citing cases →

— 20 Pa. Cons. Stat. § 3323(a) — 4 cases

Estate of Anne v. Ballinger (2017) pasuperct

TAMASY v. YOUGH SCHOOL DISTRICT (2019) pawd

American General Life Insurance Company v. Nidoh (2025) pamd

Harris v. Hospital of the University of Pa. (1998) pactcomplphilad

— 20 Pa. Cons. Stat. § 3323(b)(1) — 1 case

NUNEZ BRAVO v. CITY OF PHILADELPHIA (2024) paed

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