Distributions · 6 min read
Pennsylvania's default division
For intestate succession, 20 Pa.C.S. §2104 provides that a share passing to issue or collateral relatives is divided into as many equal shares as there are persons in the nearest degree living and persons in that degree who died leaving issue: one share to each living person, and one passing by representation to each deceased person's issue. That is per capita with representation — the default the Distribution Calculator labels for Pennsylvania.
A trust's own words control its distributions. Where the trust says "per stirpes", "by representation" or "per capita", it is the trust's terms that decide, and the calculator shows each system's exact fractions side by side so a trustee can see what each word would mean.
Discretion and the beneficiaries
A trustee exercises a discretionary distribution power in good faith and in accordance with the trust's terms and purposes and the beneficiaries' interests (20 Pa.C.S. §7780.4), and impartially among beneficiaries with different interests (§7773). A beneficiary's creditor cannot compel a discretionary distribution, subject to the exceptions the statute states (§7744).
Timing: the creditor protections and the reserve
After a settlor's death, a trustee who gave the required notice and distributes at its own risk does so without liability to a creditor whose claim was not known to the trustee within 13 months after the first complete advertisement of letters — or one year after the trustee's own advertisement, where no personal representative was appointed (20 Pa.C.S. §7755(e)).
On an event terminating the trust, the trustee distributes within a reasonable time to the persons entitled, subject to the right to keep a reasonable reserve for debts, expenses and taxes (20 Pa.C.S. §7780.7).
The statutes, verbatim
Rules of succession
20 Pa.C.S. §2104 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Claims and distribution after settlor's death
20 Pa.C.S. §7755 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Discretionary powers
20 Pa.C.S. §7780.4 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Distribution upon termination
20 Pa.C.S. §7780.7 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
What is per capita with representation in Pennsylvania?
Pennsylvania's intestate division: equal shares for each person in the nearest degree living and each person in that degree who died leaving issue, the deceased person's share passing by representation to that person's issue (20 Pa.C.S. §2104).
Does the intestate rule control a Pennsylvania trust's distributions?
No. The trust's own words control its distributions; §2104 governs intestate succession and is the default the calculator labels for comparison.
How long should a Pennsylvania trustee wait before distributing?
The statute sets protections rather than a waiting period: a trustee who distributes at its own risk is protected against claims not known within 13 months after the first complete advertisement of letters (20 Pa.C.S. §7755(e)). Many trustees discuss timing with a licensed Pennsylvania attorney of their choosing.
Related reading
The Learning Center is general information about Pennsylvania law — not legal advice, and not a substitute for advice from a licensed Pennsylvania attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- What is per capita with representation in Pennsylvania?
- Pennsylvania's intestate division: equal shares for each person in the nearest degree living and each person in that degree who died leaving issue, the deceased person's share passing by representation to that person's issue (20 Pa.C.S. §2104).
- Does the intestate rule control a Pennsylvania trust's distributions?
- No. The trust's own words control its distributions; §2104 governs intestate succession and is the default the calculator labels for comparison.
- How long should a Pennsylvania trustee wait before distributing?
- The statute sets protections rather than a waiting period: a trustee who distributes at its own risk is protected against claims not known within 13 months after the first complete advertisement of letters (20 Pa.C.S. §7755(e)). Many trustees discuss timing with a licensed Pennsylvania attorney of their choosing.
General information about Pennsylvania law, not legal advice.