71 Pa. Stat. § 733-806

Current through P.A. Acts 2023-32
Section 733-806 - Filing of account; transfer of assets to substituted fiduciary
A. Except in cases in which the secretary is authorized by the provisions of this act to transfer to a successor trustee or a substituted fiduciary, without filing an account, the funds, property, or investments of an estate of which the institution was fiduciary, he shall file an account for every estate of which such institution was fiduciary and of which the secretary received notice of a dispute under section 805 . The secretary, with the assistance of the successor trustee or the substituted fiduciary, shall file each such account upon the date fixed by the instrument creating the fiduciary relationship, or if there is no such date fixed, then as soon as expedient after the filing of a supplement to the certificate of possession, setting forth his determination to liquidate the affairs of the institution. Such account shall be filed in the court which has exercised jurisdiction over the particular estate, or if no court has yet exercised jurisdiction, then in the court of common pleas, or the orphans' court, of the county in which the place of business of the institution is situated.
B. The secretary may seek an order from the court which has exercised jurisdiction over a particular estate of which the institution was fiduciary, or if no court has exercised such jurisdiction, then the court of common pleas, or the orphans' court, of the county in which the institution has its place of business, to transfer the funds, property, or investments of the estate to the successor trustee or the substituted fiduciary, even prior to the filing of an account. The court, in such order, may reserve for future determination any question of surcharge, or any other question which may arise upon the audit of the account.
C. This section shall not be construed to give any court, other than the one in which the certificate of possession is filed, jurisdiction over disputes involving the identity of funds, property, or investments of an estate of which the institution was fiduciary.

71 P.S. § 733-806

1933, May 15, P.L. 565, art. VIII, § 806. Amended 2002, Dec. 9, P.L. 1604, No. 209, § 29, imd. effective.