The Short Answer

In Pennsylvania, what many people call a “year’s allowance” is typically handled through the family exemption. A minor child may be able to claim a family exemption up to $3,500 from a deceased parent’s estate—but generally only if there is no surviving spouse (or the spouse forfeited the right) and the child was a member of the same household as the decedent.

What Pennsylvania Law Says

Pennsylvania’s family exemption is a statutory right that allows certain close family members to retain or claim estate property up to a set dollar amount. It is not the same thing as the child’s inheritance share under a will or intestacy; it is a separate, priority-type claim that can affect what remains for other heirs and creditors.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3121.

This statute establishes that the surviving spouse may claim a family exemption up to $3,500, and if there is no spouse (or the spouse has forfeited the right), then children who are members of the same household as the decedent may claim it (and if no such children, then qualifying parents).

When the person entitled is a minor, Pennsylvania law also addresses how the exemption is handled for the minor’s benefit. See 20 Pa.C.S. § 3122, which provides that a minor’s guardian (or, if none, the personal representative) selects property for the minor’s use and benefit.

If the exemption does not use up the whole estate, Pennsylvania also provides rules about how estate income is handled among those taking the estate. See 20 Pa.C.S. § 3124.

For a deeper overview, you may also want to read: How a “Year’s Allowance” (Family Exemption) works in Pennsylvania probate and How to protect a minor’s inheritance after an intestate death in Pennsylvania.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict eligibility details: A child’s right to claim the exemption depends on whether there is a surviving spouse with rights and whether the child was a member of the same household as the decedent under 20 Pa.C.S. § 3121.
• Burden of proof and documentation: Disputes can arise over what property is available, how it is valued, and whether certain assets are excluded (for example, property that is specifically devised may be treated differently if other assets are available under the statute).
• Minor-protection issues: When the claimant is a minor, the exemption may need to be handled through a guardian or the personal representative selecting property for the minor’s benefit under 20 Pa.C.S. § 3122. If the wrong person controls the process, it can trigger court involvement or later challenges.

Trying to handle this alone can lead to avoidable disputes with the personal representative, other heirs, or creditors—and can delay distributions to the child.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.