20 Pa. Cons. Stat. § 3371
Actions which survive.
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SUBCHAPTER D
ABATEMENT, SURVIVAL AND CONTROL OF ACTIONS
Sec.
3371. Actions which survive.
3372. Substitution of personal representative in pending action or proceedings.
3373. Action by or against personal representative.
3374. Death or removal of fiduciary.
3375. Abatement of action for failure to take out letters.
3376. Limitations against debt due estate.
3377. Execution on judgments.
§ 3371. Actions which survive.
All causes of action or proceedings shall survive as provided by 42 Pa.C.S. § 8302 (relating to survival action).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days).
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1974–2025 · leading case: Anthony v. Koppers Co., Inc.
Anthony v. Koppers Co., Inc. (1981)
“[11] Section 3371 of the Probate, Estates, and Fiduciaries Act of 1972 (Act), as amended, 20 Pa.C.S. § 3371 and Section 3373 of the Act, 20 Pa.”
Gee v. CBS, INC. (1979)
“§ 3371 (Purdon), which provides: All causes of action or proceedings, real or personal, except actions for slander or libel, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.”
Moyer v. PHILLIPS, MD (1975)
“[1] 20 Pa.C.S. § 3371 (1975). This section provides: "All causes of action or proceedings, real or personal, except actions for slander or libel, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.”
Taylor v. Islamic Republic of Iran (2011)
“The provisions of Pennsylvania’s code concerning estates provides that “[a]ll causes of action or proceedings shall survive as provided in [§ 8302],” 20 Pa. Cons.Stat. § 3371, and that separate provision specifies that “[a]ll causes of action or proceedings, real or personal,…”
Haviland v. Haviland (1984)
“Appellant filed a suggestion of death and voluntary substitution pursuant to 20 Pa.C.S. § 3371. By its order of September 1, 1983, the lower court struck appellant as a substituted party and terminated the action as of the date of decedent’s death.”
Flynn v. Asten Hill Manufacturing Co. (1978)
“That statute, however, was designed to overcome the common law rule that all causes of actions abated with-the death of the plaintiff or defendant.”
Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc. (1986)
“Damages in the survival action, Section 2 of the Probate, Estates and Fiduciaries Code, as amended, 20 Pa.C.S. § 3371, were assessed at $942,400.”
Knight v. ANNON (1978)
“On February 21, 1978, the Administrator sustained the limitations defense to Knight's wrongful death action and directed that damage testimony be limited to those items of damages recoverable under the Pennsylvania Survival Act, 20 Pa. C.S. § 3371 et seq. *4 It is from this…”
Hachick v. Kobelak (1978)
“VI, § 601; 20 Pa.C.S. § 3371. 4 . As part of this contention, appellant argues that the motions court erred in allowing appellee to amend the original complaint because at the time of the amendment, the statute of limitations had run on appellee's cause of action.”
Toole v. United States (1977)
“§ 1346 (b) (1970), asserting causes of action under both the Pennsylvania survival statute, 20 Pa.Cons.Stat.Ann. § 3371 (Purdon 1975), and the Pennsylvania wrongful death statute, Pa.”
Schwab v. Bates (1991)
“§8302 and 20 Pa.C.S. §3371. Given these statutory provisions, the courts of Pennsylvania have long recognized that a decedent’s estate may pursue a cause of action for punitive damages.”
Lebegern Ex Rel. Estate of Carson v. Forman (2006)
“1 The reason for the dispute over choice of law is that the New Jersey Survival Act allows recovery only for the decedent’s pain and suffering, while the Pennsylvania Survival Act also provides for recovery of net earning capacity.”
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