§ 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.
(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 code and lawfully by the will and to all orders of the court.
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 code and lawfully by a governing instrument and to all orders of the court.
Legal title to all real estate and personal property of a minor shall remain in him, subject, however, to all the powers granted to his guardian by this code and lawfully by a governing instrument and to all orders of the court.
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.
(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.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
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