Estate -

                                CHAPTER 3                  OWNERSHIP OF PROPERTY; LEGAL TITLE AND                             EQUITABLE ESTATE     Sec.     301.  Title to real and personal estate of a decedent.     302.  Title to real and personal estate of an incapacitated            person.     303.  Title to real and personal estate of a minor.     304.  Application of payments made to fiduciaries.     305.  Right to dispose of a decedent's remains.        Enactment.  Chapter 3 was added June 30, 1972, P.L.508,     No.164, effective July 1, 1972.     § 301.  Title to real and personal estate of a decedent.        (a)  Personal estate.--Legal title to all personal estate of     a decedent shall pass at his death to his personal     representative, if any, as of the date of his death.        (b)  Real estate.--Legal title to all real estate of a     decedent shall pass at his death to his heirs or devisees,     subject, however, to all the powers granted to the personal     representative by this title and lawfully by the will and to all     orders of the court.     § 302.  Title to real and personal estate of an incapacitated                person.        Legal title to all real estate and personal property of an     incapacitated person shall remain in him, subject, however, to     all the powers granted to his guardian by this title and     lawfully by a governing instrument and to all orders of the     court.     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)        1992 Amendment.  See section 21 of Act 24 in the appendix to     this title for special provisions relating to applicability.     § 303.  Title to real and personal estate of a minor.        Legal title to all real and personal property of a minor     shall remain in him, subject, however, to all the powers granted     to his guardian by this title and lawfully by a governing     instrument and to all orders of the court.     § 304.  Application of payments made to fiduciaries.        A person who, in good faith, pays or transfers to a fiduciary     any money or other property, which the fiduciary as such is     authorized to receive, is not responsible for the proper     application thereof by the fiduciary, and any right or title     acquired from the fiduciary in consideration of the payment or     transfer is not invalid in consequence of a misapplication by     the fiduciary.     (Oct. 12, 1984, P.L.929, No.182, eff. imd.)        1984 Amendment.  Act 182 added section 304. Section 15 of Act     182 provided that Act 182 shall apply to the estates of all     decedents dying on or after the effective date of Act 182.     § 305.  Right to dispose of a decedent's remains.        (a)  General rule.--The determination of the final     disposition of a decedent's remains shall be as set forth in     this section unless otherwise specifically provided by waiver     and agreement of the person entitled to make such determination     under this section, subject to the provisions of a valid will     executed by the decedent and section 8611(a) (relating to     persons who may execute anatomical gift).        (b)  Disposition of the remains of a deceased spouse.--Absent     an allegation of enduring estrangement, incompetence, contrary     intent or waiver and agreement which is proven by clear and     convincing evidence, a surviving spouse shall have the sole     authority in all matters pertaining to the disposition of the     remains of the decedent.        (c)  Disposition of the remains of others.--If there is not a     surviving spouse, absent an allegation of enduring estrangement,     incompetence, contrary intent or waiver and agreement which is     proven by clear and convincing evidence, the next of kin shall     have sole authority in all matters pertaining to the disposition     of the remains of the decedent.        (d)  Procedure.--Where a petition alleging enduring     estrangement, incompetence, contrary intent or waiver and     agreement is made within 48 hours of the death or discovery of     the body of the decedent, whichever is later, a court may order     that no final disposition of the decedent's remains take place     until a final determination is made on the petition. Notice to     each person with equal or higher precedence than the petitioner     to the right to dispose of the decedent's remains and to his     attorney if known and to the funeral home or other institution     where the body is being held must be provided concurrently with     the filing of the petition. A suitable bond may be required by     the court.            (1)  If the court determines that clear and convincing        evidence establishes enduring estrangement, incompetence,        contrary intent or waiver and agreement, the court shall        enter an appropriate order regarding the final disposition        which may include appointing an attorney in fact to arrange        the final disposition, with reasonable costs chargeable to        the estate.            (2)  If two or more persons with equal standing as next        of kin disagree on disposition of the decedent's remains, the        authority to dispose shall be determined by the court, with        preference given to the person who had the closest        relationship with the deceased.            (3)  If the court determines that the petition is not        supported by a clear and convincing evidence, the court may        award attorney fees. An award of attorney fees shall        constitute a setoff against any claim by the petitioner        against the estate.        (e)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Contrary intent."  An explicit and sincere expression,     either verbal or written, of a decedent adult or emancipated     minor prior to death and not subsequently revoked that a person     other than the one authorized by this section determine the     final disposition of his remains.        "Enduring estrangement."  A physical and emotional separation     from the deceased at the time of death of the person authorized     by this section to determine the final disposition of the     decedent's remains, which has existed for a period of time that     clearly demonstrates an absence of due affection, trust and     regard for the deceased.        "Next of kin."  The spouse and relatives by blood of the     deceased in order that they be authorized to succeed to the     deceased's estate under Chapter 21 (relating to intestate     succession) as long as the person is an adult or an emancipated     minor.     (Nov. 17, 1998, P.L.786, No.99, eff. 60 days)        1998 Amendment.  Act 99 added section 305.