Year’s Allowance and Personal Property in Pennsylvania Estates
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Pennsylvania law, a surviving spouse or minor children may claim a year’s allowance from the decedent’s estate. The year’s allowance entitles the claimant to household furnishings, personal items, and up to $30,000 in value of decedent’s personal property independent of any will or intestate share. See 20 Pa.C.S. § 2531.
Who must list personal property?
- Estate fiduciary (executor or administrator): By statute, the fiduciary must file an inventory and appraisal of all estate assets, real and personal, with the clerk of courts. This inventory is required under 20 Pa.C.S. § 2571. The inventory ensures the court and beneficiaries know the full scope of estate property available for distribution, including items used to satisfy a year’s allowance.
- Surviving spouse or claimant: To elect the year’s allowance, the spouse or minor children must file a petition in the orphans’ court within six months of the decedent’s death. The petition should identify the personal property you claim under the year’s allowance, but it does not require listing your own separate belongings. Instead, you specify the estate items you intend to remove or value toward the $30,000 allowance. See 20 Pa.C.S. § 2532.
What you do not list: Your own personal property outside the decedent’s estate. Only the decedent’s assets go into estate inventory or the year’s allowance petition.
Key statutes:
- 20 Pa.C.S. § 2531 – Year’s allowance defined
- 20 Pa.C.S. § 2532 – Procedure for election
- 20 Pa.C.S. § 2571 – Inventory and appraisal of estate assets
Helpful Hints
- Review the decedent’s will and check if the estate has a fiduciary already appointed.
- Confirm the six-month deadline: petitions for year’s allowance must be filed promptly.
- Gather documentation of estate personal property values before filing your petition.
- Attend the orphans’ court hearing to clarify any questions about listed items.
- Consult a Pennsylvania probate attorney if you face disputes or complex assets in the estate.