Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 5101 (2026)

When guardian unnecessary.

✓ current as of May 2026

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CHAPTER 51

MINORS

Subchapter

A. Small Estates

B. Appointment of Guardian

C. Bond

D. Removal and Discharge

E. Powers, Duties and Liabilities; in General

F. Sales, Pledges, Mortgages, Leases, Options and Exchanges

G. Accounts, Audits, Reviews, Distribution

Enactment. Chapter 51 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.

Cross References. Chapter 51 is referred to in section 5702 of this title.

SUBCHAPTER A

SMALL ESTATES

Sec.

5101. When guardian unnecessary.

5102. Power of natural guardian.

5103. Sequestered deposit.

§ 5101. When guardian unnecessary.

When the entire real and personal estate, wherever located of a resident or nonresident minor has a net value of $25,000 or less, all or any part of it may be received and held or disposed of by the minor, or by the parent or other person maintaining the minor, without the appointment of a guardian or the entry of security, in any of the following circumstances:

(1) Award from decedent's estate or trust.--When the court having jurisdiction of a decedent's estate or of a trust in awarding the interest of the minor shall so direct.

(2) Interest in real estate.--When the court having jurisdiction to direct the sale or mortgage of real estate in which the minor has an interest shall so direct as to the minor's interest in the real estate.

(3) Other circumstances.--In all other circumstances, when the court which would have had jurisdiction to appoint a guardian of the estate of the minor shall so direct.

(Dec. 10, 1974, P.L.867, No.293, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)

Cross References. Section 5101 is referred to in sections 5102, 5505 of this title.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1990–2023 · leading case: Moore v. Gates, 580 A.2d 1138 (Pa. 1990).

Sort: Relevance Newest Treatment

Moore v. Gates, 580 A.2d 1138 (Pa. 1990). · cites it 2× “The facts of this case bring the $10,000 settlement of the survivor's estate clearly within the meaning of 20 Pa.C.S. §§ 5101 and 5144. Section 5101, When guardian unnecessary, states: When the entire real and personal estate, wherever located of a resident or nonresident minor…”

Santiago, J. v. Philly Trampoline Park, LLC, 291 A.3d 1213 (Pa. Super. Ct. 2023). · cites it 2× “See also 20 Pa.C.S. § 5101 (indicating certain circumstances when a guardian of minor with small estates is unnecessary); 20 Pa.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.