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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 3384 (2026)

  Notice of claim.

✓ current as of May 2026
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§ 3384.  Notice of claim.

(a)  Written notice.--Written notice of any claim against a decedent given to the personal representative or his attorney of record before the claim is barred shall toll the statute of limitations.

(b)  Acts equivalent to written notice.--Any of the following acts by a claimant shall be equivalent to the giving of written notice of a claim to the personal representative:

(1)  Instituting proceedings to compel the filing of an account.

(2)  Bringing an action against the personal representative in any court having jurisdiction of the claim and having the writ or pleading duly served on the personal representative.

(3)  Substituting the personal representative as a defendant in an action pending against the decedent.

(4)  Receiving a written acknowledgment by the personal representative or his attorney of record of the existence of the claim.

 

Cross References.  Section 3384 is referred to in section 7755 of this title.

Notes of Decisions
Cited in 5 cases, 1985–2019 · leading case: In Re Est. of Livingston, 612 A.2d 976 (Pa. 1992).
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In Re Est. of Livingston, 612 A.2d 976 (Pa. 1992). · cites it 3× “Such a claim, in the trial court’s opinion, was required to be filed within six (6) years of the death of the decedent and since no claim was filed with the Administratrix or her attorney by August 8, 1986, the trial court held that Appellant had forfeited her right to pursue…”
Order Amending Rules 1.7, 1.8, 2.1, 2.5, 2.7, 3.5, 3.7, 4.3, 4.6, 5.1, 5.3, 5.4, 7.1, 10.1, 10.5, & the Index of the Appendix of the Pa Orphans' Court Rules, & Rescinding & Replacing Forms Oc-01 Through Oc-05 & Rw-03 Through Rw-10 (Pa. 2019). · cites it 2× “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). · cites it 2× “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). · cites it 2× “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
Cresswell Est., 40 Pa. D. & C.3d 369 (1985). “The letter of January 30, 1981 mailed to the executrix was no doubt intended to qualify as a written notice of a claim against decedent under 20 Pa.C.S. §3384(a) in an attempt to toll the statute of limitations and to qualify Gerald Cresswell as an unpaid claimant to whom…”
— 20 Pa. Cons. Stat. § 3384(a) — 1 case
Cresswell Est., 40 Pa. D. & C.3d 369 (1985). “The letter of January 30, 1981 mailed to the executrix was no doubt intended to qualify as a written notice of a claim against decedent under 20 Pa.C.S. §3384(a) in an attempt to toll the statute of limitations and to qualify Gerald Cresswell as an unpaid claimant to whom…”
— 20 Pa. Cons. Stat. § 3384(b)(4) — 3 cases
Order Amending Rules 1.7, 1.8, 2.1, 2.5, 2.7, 3.5, 3.7, 4.3, 4.6, 5.1, 5.3, 5.4, 7.1, 10.1, 10.5, & the Index of the Appendix of the Pa Orphans' Court Rules, & Rescinding & Replacing Forms Oc-01 Through Oc-05 & Rw-03 Through Rw-10 (Pa. 2019). “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “ent of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the…”
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