§ 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, 725 A.2d 1209 (Pa. 1999).
Geniviva v. Frisk, 725 A.2d 1209 (Pa. 1999).
· 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, 580 A.2d 1138 (Pa. 1990).
· cites it 6× “164, 20 Pa.C.S. § 3323. This section provides in pertinent part as follows: § 3323.”
Dougherty, J., Aplt. v. Heller, K., 138 A.3d 611 (Pa. 2016).
· cites it 2× “She explains that Appellant’s counsel will have the opportunity to lodge appropriate objections at a deposition and, if necessary, make appropriate motions afterwards for protection based upon concrete information rather than conjecture.”
Schuster v. Reeves, 589 A.2d 731 (Pa. Super. Ct. 1991).
· cites it 2× “164, 20 Pa.C.S. § 3323. This section provides in pertinent part as follows: § 3323.”
Davies v. Se. Pennsylvania Transp. Auth., 865 A.2d 290 (Pa. Commw. Ct. 2005).
“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 Est. of Merryman, 669 A.2d 1059 (Pa. Commw. Ct. 1995).
“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, 63 F. Supp. 2d 548 (M.D. Penn. 1999).
“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.”
Groomes v. Gaut, 609 A.2d 189 (Pa. Super. Ct. 1992).
“20 Pa.C.S. § 3323 states, in pertinent part, (a) In general.”
Moore v. Pocono Med. Ctr., 56 Pa. D. & C.4th 271 (2001).
“” (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.”
— 20 Pa. Cons. Stat. § 3323(a) — 4 cases
— 20 Pa. Cons. Stat. § 3323(b)(1) — 1 case
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