The Short Answer

In Pennsylvania, bank accounts and CDs are not all treated the same at death. Some pass under the will (probate assets), while others pass directly to a joint owner or named beneficiary and generally are not controlled by the will.

A “year’s allowance” petition (often called the family exemption) is a separate statutory right that can let a surviving spouse claim certain estate property up to a set dollar amount—but it does not automatically override beneficiary designations or survivorship rights on accounts.

What Pennsylvania Law Says

Two different legal tracks can affect distribution here: (1) what passes through the probate estate under the will, and (2) what passes outside probate by contract/title (like joint accounts or payable-on-death designations). On top of that, Pennsylvania gives a surviving spouse a statutory “family exemption” that can be claimed from estate property up to a capped value, subject to important limitations.

The Statute

The primary law governing the year’s allowance/family exemption is 20 Pa.C.S. § 3121.

This statute allows a surviving spouse (and, in some cases, other household family members) to retain or claim an exemption from the estate in real and/or personal property up to a specified value, and it also limits using property that was specifically given away if other assets are available.

For bank accounts and CDs specifically, Pennsylvania’s multiple-party account rules often control whether the asset is even part of the probate estate. For example, a joint account typically belongs to the surviving party at death unless there is clear and convincing evidence a different intent existed when the account was created. See 20 Pa.C.S. § 6304. The statute also states that survivorship/beneficiary rights on these accounts generally cannot be changed by will. 20 Pa.C.S. § 6304(d).

If the surviving spouse is holding the will and has not filed it, Pennsylvania law provides a mechanism for interested parties to force production of the will through the Register of Wills. See 20 Pa.C.S. § 3137.

Related reading that may help you understand how these accounts are commonly handled: joint accounts and automatic transfer at death in Pennsylvania, and POD bank accounts in Pennsylvania.

Why You Should Speak with an Attorney

Even though the basic rules sound straightforward, blended-family estates with multiple accounts are where disputes happen—especially when a will hasn’t been filed and a year’s allowance petition appears incomplete. Outcomes often depend on:

• Strict statutory limits and asset classification: The family exemption under 20 Pa.C.S. § 3121 is capped and generally comes from estate assets—so whether a bank account/CD is a probate asset (or passes by survivorship/POD) can change everything.
• Burden of proof on account intent: Joint accounts and “in-trust-for”/beneficiary-style accounts can be challenged, but the statute uses a demanding standard (often “clear and convincing evidence”) regarding intent at creation. See 20 Pa.C.S. § 6304.
• Exceptions and dispute issues: If there are concerns about undue influence, missing assets, or a will being withheld, you may need court involvement to compel production of the will and to ensure full disclosure of estate assets. Pennsylvania specifically authorizes citations to enforce deposit of a will. See 20 Pa.C.S. § 3137.

Trying to resolve this without counsel can lead to assets being distributed before the full picture is known, missed objections, or avoidable litigation costs—particularly in blended-family situations where beneficiary designations, joint titling, and the will may point in different directions.

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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.