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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 3373 (2026)

 Action by or against personal representative.

✓ current as of May 2026
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§ 3373.  Action by or against personal representative.

An action or proceeding to enforce any right or liability which survives a decedent may be brought by or against his personal representative alone or with other parties as though the decedent were alive.

Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1978–2025 · leading case: Anthony v. Koppers Co., Inc., 436 A.2d 181 (Pa. 1981).
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Anthony v. Koppers Co., Inc., 436 A.2d 181 (Pa. 1981). · cites it 2× “§ 3371 and Section 3373 of the Act, 20 Pa.C.S. § 3373, currently 42 Pa.C.S. § 8302.”
Fulton v. Fulton, 106 A.3d 127 (Pa. Super. Ct. 2014). “It is noteworthy that Ad-ministratrix stood in the shoes of her predecessor, Decedent’s executor, Marvin, who stood in the shoes of Decedent, in instituting a cause of action, pursuant to 20 Pa.C.S. § 3373 (“An action or proceeding to enforce any right or liability which…”
Marzella v. King, 389 A.2d 659 (Pa. Super. Ct. 1978). · cites it 2× “2d 501 (1973); 20 Pa.C.S. § 3373. Further, a decedent's estate cannot be a party to litigation unless a personal representative exists.”
Ferencz v. Medlock, 905 F. Supp. 2d 656 (W.D. Pa. 2012). “” 20 Pa. C.S. § 3373. Accordingly, a survival action must be brought by a personal representative of a decedent’s estate and a wrongful death action must be brought by a personal representative if it is filed within six months of the decedent’s death or by a person entitled to…”
In Re Glunk, 342 B.R. 717 (Bankr. E.D. Pa. 2006). “Fledderman have authority to bring a survival action on behalf of the AFM Estate pursuant to 20 Pa. Cons.Stat. Ann. § 3373 and 42 Pa. Cons.”
Wooldridge v. Woolett, 638 P.2d 566 (Wash. 1981). “1 20 Pa. Cons. Stat. Ann. § 3373 (Purdon) reads as follows: "An action or proceeding to enforce any right or liability which survives a decedent may be brought by or against his personal representative alone or with other parties as though the decedent were alive.”
Gardner v. Luzerne Cnty., 645 F. Supp. 2d 325 (M.D. Penn. 2009). · cites it 2× “) The Ninth Claim asserts a survival action pursuant to 20 Pa. Cons.Stat. § 3373 and 42 Pa. Cons.”
Beascoechea v. Sverdrup & Parcel & Assocs., Inc., 486 F. Supp. 169 (E.D. Pa. 1980). “20 Pa. Cons. Stat.Ann. § 3373 (Purdon) and 42 Pa.”
D'ORAZIO v. Locust Lake Vill., Inc., 406 A.2d 550 (Pa. Super. Ct. 1979). “164, § 2 (20 Pa.C.S. § 3373). The question here, as in McGuire , is whether the doctrine of relation-back is applicable, so that appellant’s timely initiation of suit, prior to her appointment, may be validated by *128 her appointment subsequent to the running of the statute of…”
Jones v. Wilt, 871 A.2d 210 (Pa. Super. Ct. 2005). “¶ 4 But the trial court concluded that the estate had standing pursuant to 20 Pa.C.S. § 3373, which states: § 3373. Action by or against personal representative An action or proceeding to enforce any right or liability which survives a decedent may be brought by or against his…”
Benedict v. Sw. Pennsylvania Human Servs., Inc., 98 F. Supp. 3d 809 (W.D. Pa. 2015). “The Complaint alleges the same claims against all Defendants 1 : negligence (Count I); a survival action under 20 Pa. Cons.Stat. § 3373 and 42 Pa. Cons.”
Wallace ex rel. Wallace v. Novartis Pharm. Corp., 984 F. Supp. 2d 377 (M.D. Penn. 2013). “67), requesting various forms of relief, including a Petition for Abatement under 20 Pa. Cons.Stat. § 3373, a Motion to Vacate the MDL Order which had granted the defective and untimely Motion to Substitute entered in 2007, and a Motion to Dismiss under both Fed.”
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