PRINTER'S NO. 2643
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2070
Session of
2024
INTRODUCED BY SCHEMEL, KAUFFMAN, MAJOR, KUZMA, RAPP, MOUL,
SCHEUREN, JOZWIAK, GLEIM AND DALEY, FEBRUARY 27, 2024
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 27, 2024
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in ownership of property
and legal title and equitable estate, further providing for
right to dispose of a decedent's remains.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 305(a) of Title 20 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 305. Right to dispose of a decedent's remains.
(a) General rule.--Except as specified in [subsection (a.1)]
subsections (a.1) and (a.2), 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 sections 8611(a) (relating to
persons who may execute anatomical gift) and 8654(1) (relating
to requirement of explicit, specific and separate
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authorization).
* * *
(a.2) Exception for preplanned and prepaid funerals.--
Subject to the provisions of sections 8611(a) and 8654(1), the
determination of the final disposition of a decedent's remains
shall be as set forth in this section, except that an individual
who has a preplanned and prepaid funeral may direct the
disposition of the individual's own remains by a written
statement dated and signed by the individual and witnessed by
two individuals who are 18 years of age or older. If the
individual chooses cremation as the individual's desired form of
disposition, a signed authorization by the individual
prearranging for cremation, executed during the prearrangement
and witnessed by two individuals who are 18 years of age or
older, shall preempt the written authorization form required by
a family member under 49 Pa. Code § 13.201(7) (relating to
professional responsibilities). For the purposes of this
subsection, the following shall apply:
(1) An individual who has a preplanned and prepaid
funeral and the two witnesses shall sign and date the written
statement required under this subsection.
(2) A witness may not be an individual who:
(i) signs the written statement required under this
subsection on behalf of and at the direction of the
individual who has a preplanned and prepaid funeral; or
(ii) has a material interest in the decedent's
estate.
* * *
Section 2. This act shall take effect in 60 days.
20240HB2070PN2643 - 2 -
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