The Short Answer

In Pennsylvania probate, what many people call a “spousal allowance” or “year’s allowance” is typically the family exemption: a statutory right that allows a surviving spouse (and, if no spouse, certain household family members) to claim up to a set dollar amount of the decedent’s property before it is distributed to other heirs or beneficiaries.

When the exemption is claimed using personal property, the personal representative generally delivers the claimed items at the values listed in the estate’s inventory/appraisement, and the Orphans’ Court can step in if there is a dispute about valuation or what gets set aside.

What Pennsylvania Law Says

Pennsylvania provides a statutory “family exemption” that lets certain close family members keep (or claim) a limited amount of the decedent’s real and/or personal property. This right is often discussed alongside other spousal protections in probate, such as the elective share, but it is a separate benefit with its own rules.

The Statute

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

This statute establishes that a surviving spouse of a Pennsylvania-domiciled decedent (or, if no spouse/forfeiture, certain household children or parents) may retain or claim an exemption in real and/or personal property up to $3,500, with limits on using specifically gifted property if other assets are available.

For the process of assigning/delivering personal property to satisfy the exemption, Pennsylvania law also provides that the personal representative delivers the claimed items at the values fixed by the inventory and appraisement, and the court can control distribution and valuation if needed. See 20 Pa.C.S. § 3122.

If you are also evaluating broader spousal rights in probate (beyond the exemption), the elective share statute is often part of the analysis. See 20 Pa.C.S. § 2203.

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:

• Asset classification and availability: The exemption generally can’t be satisfied with property that was specifically devised or bequeathed if other assets are available, which can trigger disputes between the spouse and other beneficiaries about what property is “available” and what must be preserved for specific gifts. (See 20 Pa.C.S. § 3121.)
• Valuation fights: Personal property is delivered at inventory/appraisement values, but those numbers can be challenged—especially for vehicles, collections, tools, jewelry, or business-related items. The court can control valuation and distribution on petition. (See 20 Pa.C.S. § 3122.)
• Priority and timing issues: If property has already been sold by the personal representative, it may no longer be available to claim as an exemption, and delays can create leverage problems or litigation risk.

Because these disputes can directly affect who receives what from the estate—and can lead to Orphans’ Court litigation—getting advice early can protect your rights and reduce the chance of a costly fight.

If you want more background on related Pennsylvania probate topics, you may also find these helpful: bank accounts/CDs vs. a year’s allowance in Pennsylvania and elective share claims in Pennsylvania.

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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.