Insolvent Probate Estate Claim-Payment Priority in Pennsylvania

Short answer Pennsylvania ranks insufficient-estate charges in a stated order, subject to any preference for claims due the United States. Administration costs are first, the family exemption second, then funeral, burial and specified recent care and employee costs. A gravemarker, recent residence rent, Commonwealth and local claims, and all other claims follow; claims within the same class have no priority over one another.
State
Pennsylvania
Statute checked
October 5, 2026
Sources
1 statute

At a glance

Statutory payment order§ 3392 applies when applicable estate assets cannot pay all proper charges; numbered classes, subject to U.S. claim preference.
Administration costsClass 1 costs of administration (§ 3392(1)).
Funeral and last illnessClass 3 funeral/burial and specified medicines, care and employee services within six months before death; gravemarker class 4 (§ 3392(3)–(4)).
Family and homestead allowancesClass 2 family exemption (§ 3392(2)).
Taxes and public claimsU.S. claims retain federal-law preference; Commonwealth and political-subdivision claims class 5.1 (§ 3392).
Secured claims§ 3392 orders proper claims against applicable assets but gives no separate collateral-proceeds class.
Support and special debtsClass 5 six months' predeath residence rent; class 3 specified employee services (§ 3392(3),(5)).
General claimsClass 6 all other claims (§ 3392(6)).
Underfunded classNo priority as between claims of the same class (§ 3392).

Requirements one by one

Preferred recent expenses

Under § 3392(3), class 3 groups funeral and burial costs with medicines, medical or nursing care, hospital services, medical-assistance services, and employee services furnished within six months before death. A gravemarker is a separate class 4 expense. Class 5 covers rent for occupying the decedent's residence during the six months immediately before death.

Public claims and same-class treatment

Section 3392 reserves any legal preference for claims due the United States before listing its classes. Claims by the Commonwealth and its political subdivisions are class 5.1. The section says there is “without priority as between claims of the same class.”

What trips people up

The family exemption is class 2, ahead of funeral and recent care costs. Section 3392 refers to “applicable assets of the estate,” but its class list does not decide whether a particular lien is enforceable against collateral; that question requires the governing lien law.

Common questions

Are gravemarker charges in the funeral class? Section 3392(4) puts gravemarker costs in their own fourth class, after the class 3 expenses.

Where do claims not named in the earlier classes go? Section 3392(6) places all other claims in class 6.

Statutes and sources

  • 20 Pa.C.S. § 3392. Verbatim current official text, URL, and access date appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

20 Pa.C.S. § 3392 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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