Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 3538 (2026)

Distributions involving persons born out of wedlock.

✓ current as of May 2026

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§ 3538. Distributions involving persons born out of wedlock.

A personal representative may administer an estate on the assumption that no person born out of wedlock is entitled to share as a distributee unless the personal representative has knowledge or has received notice that such a person with possible distributee's rights exists. If a personal representative has distributed an estate, or part thereof, in good faith without knowledge of a person born out of wedlock who has rights as a distributee, said distribution actually made shall not impose liability on the personal representative. Except as herein otherwise provided, a person born out of wedlock shall have the same rights in an estate and shall be subject to such time limitations and to such procedures as are applied to any other heir or claimant against an estate.

(Nov. 26, 1978, P.L.1269, No.303, eff. imd.)

1978 Amendment. Act 303 added section 3538.

Cross References. Section 3538 is referred to in section 7799.2 of this title.

Notes of Decisions

Cited in 2 cases, 1981–1990 · leading case: Est. of Dulles, 431 A.2d 208 (Pa. 1981).

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Est. of Dulles, 431 A.2d 208 (Pa. 1981). · cites it 2× “§ 2514(8), see supra note 1, the Legislature added a new section to Title 20, 20 Pa.C.S. § 3538. Section 3538 provides: “A personal representative may administer an estate on the assumption that no person bom out of wedlock is entitled to share as a distributee unless the…”

Greenwood Est., 5 Pa. D. & C.4th 665 (1990). “The statute at 20 Pa.C.S. §3538 specifically states that children bom out of wedlock are subject to the same time limitations as children bom in wedlock.”

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