Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 3532 (2026)

At risk of personal representative.

✓ current as of May 2026

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§ 3532. At risk of personal representative.

(a) Rights of claimants against personal representatives.--A personal representative, at his own risk and without the filing, audit or confirmation of his account, may distribute real or personal property and such distribution shall be without liability to any claimant against the decedent, unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant of letters to such personal representative or thereafter but prior to such distribution.

(b) Rights of claimants against distributed property.--

(1) Personal property.--No claimant shall have any claim against personal property distributed by a personal representative at his own risk pursuant to subsection (a), unless the claim of such claimant is known to the personal representative within one year after the first complete advertisement of the grant of letters or thereafter but prior to such distribution.

(2) Real property.--No claimant shall have any claim against real property conveyed by a personal representative in distribution at his own risk pursuant to subsection (a) hereof, unless such claimant, within one year after the decedent's death, files a written notice of his claim with the clerk. Such claim against real property shall expire at the end of five years after the decedent's death, unless within that time the personal representative files an account or the claimant files a petition to compel an accounting.

(3) Liens and charges existing at death.--Nothing in this section shall be construed as affecting any lien or charge which existed at the time of the decedent's death on his real or personal property.

(b.1) Limitation on rights of claimants.--A personal representative may make written demand by mail or delivery to any person who may have a claim but who has not previously given written notice of his claim to the personal representative. If the personal representative's demand requests the person to give written notice of his claim within 60 days from the mailing or delivery of the demand or within one year from the first complete advertisement of the grant of letters, whichever is later, and the person fails to do so, the person shall not have any rights with respect to such claim under subsection (a) or (b)(1) and shall not have any right on account of such claim to receive notice of the filing of the personal representative's account and of its call for audit or confirmation. The personal representative shall not be liable to any such person or to any beneficiary, heir or next of kin or creditor of the estate for making or failing to make demand under this subsection.

(c) Record of risk distributions.--The personal representative may file with the clerk receipts, releases and refunding agreements which he may have received from persons to whom he has made a risk distribution, or from other parties in interest. Receipts, releases and refunding agreements so filed shall be indexed under the name of the estate. Their acceptance shall not be construed as court approval of any act of administration or distribution therein reflected.

(July 9, 1976, P.L.551, No.135, eff. imd.; Dec. 16, 1992, P.L.1163, No.152, eff. imd.)

1992 Amendment. Act 152 amended subsecs. (a) and (b)(1) and added subsec. (b.1).

1976 Amendment. Act 135 added subsec. (c).

Cross References. Section 3532 is referred to in sections 3503, 5163, 5533, 7792 of this title.

Notes of Decisions

Cited in 6 cases, 1986–2017 · leading case: Carr v. Rose, 701 A.2d 1065 (D.C. 1997).

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Carr v. Rose, 701 A.2d 1065 (D.C. 1997). · cites it 6× “The landlord argues that it had no notice that filing a claim pursuant to 20 Pa. Cons.Stat. §§ 3532 or 3389 initiated, under Pennsylvania law, a cause of action which could result in a final and binding judgment.”

Gojmerac v. Naughton, 915 A.2d 1205 (Pa. Super. Ct. 2006). “See Section 732 [20 Pa.C.S. § 3532], infra. 20 Pa.C.S.A. § 3384 Comment.”

Bennett v. Bank of Am. Nat'l Assoc. (In re Bennett), 531 B.R. 68 (Bankr. E.D. Pa. 2015). “20 Pa.C.S. § 3532 provides: A personal representative, at his own risk and without the filing, audit or confirmation of his account, may distribute real or -personal property and such distribution shall be without liability to any claimant against the decedent, unless the claim…”

Est. of Brawner, T., Appeal of: Wise, C. (Pa. Super. Ct. 2017). “21 See 20 Pa.C.S. §§ 3532, 3533. See also In re Estate of Geniviva, 675 A.”

Lock Haven Hosp. v. Irvin, 40 Pa. D. & C.3d 585 (1986). “Irvin as required by 20 Pa.C.S. §3532. Defendants filed a motion for judgment on the pleadings seeking to have the complaint in equity (Count II) dismissed because of plaintiffs failure to properly preserve its claim against the real estate of Charles J.”

Est. of Halpern v. Comm'r, 70 T.C.M. 229 (Tax Ct. 1995). “We hold that only the 1987 and 1988 distributions are included in decedent's gross estate. To reflect the foregoing and the parties' concessions, Decision will be entered under Rule 155 .”

— 20 Pa. Cons. Stat. § 3532(b)(2) — 1 case

Carr v. Rose, 701 A.2d 1065 (D.C. 1997). “The landlord argues that it had no notice that filing a claim pursuant to 20 Pa. Cons.Stat. §§ 3532 or 3389 initiated, under Pennsylvania law, a cause of action which could result in a final and binding judgment.”

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