Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 6202 (2026)

Disclaimers by fiduciaries or agents.

✓ current as of May 2026

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§ 6202. Disclaimers by fiduciaries or agents.

A disclaimer on behalf of a decedent, a minor or an incapacitated person may be made by his personal representative, the guardian of his estate or in the case of an incapacitated person who executed a power of attorney which confers the authority to disclaim upon his agent and which qualifies as a durable power of attorney under section 5604 (relating to durable powers of attorney) by such agent, if, in each case, the court having jurisdiction of the estate authorizes the disclaimer after finding that it is advisable and will not materially prejudice the rights of creditors, heirs or beneficiaries of the decedent, the minor or his creditors, or the incapacitated person or his creditors, as the case may be. A personal representative may make a disclaimer on behalf of his decedent without court authorization if the will of the decedent so authorizes him.

(Feb. 18, 1982, P.L.45, No.26, eff. imd.; Oct. 12, 1984, P.L.929, No.182, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Oct. 12, 1999, P.L.422, No.39, eff. 60 days)

1999 Amendment. See section 13(8) of Act 39 in the appendix to this title for special provisions relating to applicability.

1992 Amendment. See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 6202 is referred to in section 5601.4 of this title.

Notes of Decisions

Cited in 2 cases, 1993–1995 · leading case: In re Est. of Bernecker, 654 A.2d 246 (Pa. Commw. Ct. 1995).

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In re Est. of Bernecker, 654 A.2d 246 (Pa. Commw. Ct. 1995). “After paying all known debts of the Berneeker sisters, respondent commenced the current proceedings on January 7, 1993, by filing a Petition to File a Disclaimer on behalf of decedent, pursuant to Section 6202 of the Probate, Estates and Fiduciaries Code (Code), 20 Pa.C.S. §…”

Bernecker Est., 19 Pa. D. & C.4th 32 (1993). · cites it 2× “This matter came before us on the executor’s petition to file a disclaimer on behalf of the decedent pursuant to 20 Pa.C.S. §6202. The Commonwealth answered the petition, admitting the executor’s factual allegations but denying his legal conclusions.”

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.