Probate Family Allowance Requirements in Pennsylvania
At a glance
| Governing law and allowance type | 20 Pa.C.S. §§ 3121–3126; one-time $3,500 family exemption, not periodic maintenance |
|---|---|
| Eligible claimants | Spouse; if none or forfeited, children in decedent's household; if none, parent(s) in household (§ 3121) |
| Amount, property, and duration | $3,500 total in real property, personal property, or both; one-time exemption with related estate income (§§ 3121, 3124) |
| Domicile, estate, and dependency scope | Decedent domiciled in Pennsylvania; household required for child/parent; unsold estate property; revocable trust reachable if probate inadequate (§§ 3121, 7745(3)) |
| Automatic right or petition | Claimant may retain or claim; PR delivers personalty; guardian/PR selects for minor/incapacitated person without request; petition for court control or realty (§§ 3121–3123) |
| Deadline and termination | No general claim deadline; property cannot already be sold; record realty decree within 1 year to defeat later grantee/lienholder, or before their instrument (§§ 3121, 3126) |
| Notice, hearing, and proof | Personalty uses inventory/appraisement value; court may control on petition and directed notice; realty needs petition, 2 appraisers, and directed notice (§§ 3122–3123) |
| Priority, payment, and insolvency | Priority class 2 after administration costs; revocable trust may cover probate shortfall; realty costs are administration expenses (§§ 3123(e), 3392, 7745(3)) |
| Inheritance effect and waiver | Spouse may forfeit right; specifically disposed property protected if other assets exist; income prorated with other estate takers; no express waiver/elective-share rule (§§ 3121, 3124) |
Requirements one by one
Claimant order, domicile, and household membership
The exemption begins with the surviving spouse of a decedent domiciled in Pennsylvania. Only when there is no spouse or the spouse has forfeited the right do children take, and those children must have been members of the decedent's household. Parents enter only if there is no qualifying spouse or child, and they also must satisfy the household condition.
Amount and available property
The total is $3,500, taken from real property, personal property, or a mix of both. The claimant may retain property already held or claim estate property that the personal representative has not yet sold. Specifically disposed property is protected when other assets can satisfy the exemption.
This is a fixed one-time exemption, not a monthly maintenance award. Section 3124 separately prorates estate income between the exemption claimant and other estate takers when the exemption does not consume the whole estate.
Direct delivery versus a court petition
For personal property, the personal representative delivers the claimed items at inventory and appraisal values. If the entitled person is a minor or incapacitated and has no guardian, the personal representative selects property without waiting for anyone to request it, guided by that person's necessities.
A party in interest may petition for court control of personal-property valuation or distribution, but the petition is not a universal condition. A real-estate claim does require a petition, two court-appointed appraisers, and the notice the court directs.
Priority, revocable trust, and realty recording
Section 3392 places administration costs first and the family exemption second when estate assets are insufficient. Funeral and last-illness expenses and the remaining listed claims follow. If the probate estate cannot satisfy the exemption, § 7745(3) makes the decedent-settlor's revocable trust property available, subject to the settlor's source direction and statutory exemptions.
A realty decree also needs attention after the award. To prevail against a later bona fide grantee or lienholder, it must be recorded within one year after death, or, if later, before the competing instrument or lien is recorded or entered.
What trips people up
- The amount remains $3,500. It is not a one-year budget and is not indexed.
- Children and parents need household membership. The surviving spouse does not.
- Administration costs come first. The exemption has strong priority but is not the estate's first charge.
- A court petition is route-specific. It is needed for realty and available for disputed or supervised personalty, but ordinary personal-property delivery can occur without one.
Common questions
Can the family take specifically bequeathed property?
Only when other assets are unavailable. Section 3121 protects specifically devised, bequeathed, or otherwise disposed property if another asset can satisfy the exemption.
Can real estate worth more than $3,500 be set apart?
Yes, if it cannot be divided without prejudice. The court may set it apart on condition that the claimant pays the value above the exemption within six months after confirmation; otherwise the property may be sold.
Does an existing purchase-money lien disappear?
No. Section 3126 expressly preserves a purchase-money lien that existed at death.
Statutes and sources
- 20 Pa.C.S. § 3121 — claimant order, domicile, household conditions, amount, unsold property, and specific gifts. The eligible claimant may retain or claim property “to the value of $3,500.” Official Chapter 31 (accessed 2026-08-03).
- 20 Pa.C.S. §§ 3122–3123 — personalty delivery, minor/incapacitated-person selection, court control, and realty appraisement. Real property uses “two appraisers appointed by the court.” Official Chapter 31 (accessed 2026-08-03).
- 20 Pa.C.S. §§ 3124–3126 — income, collection remedies, and lien/recording effects. The income is “equitably prorated” with other estate takers. Official Chapter 31 (accessed 2026-08-03).
- 20 Pa.C.S. § 3392 — insufficient-estate priority. “The family exemption” is the second class after administration costs. Official Chapter 33 (accessed 2026-08-03).
- 20 Pa.C.S. § 7745(3) — revocable-trust shortfall source. Trust property is subject to the exemption “to the extent the settlor's probate estate is inadequate.” Official Title 20 PDF (accessed 2026-08-03).
Source links
Every statute quoted above, linked, with the date we checked it.
What does Pennsylvania law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Pennsylvania law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace