The Short Answer

In Pennsylvania, what many people call a “year’s allowance” is typically the family exemption: a statutory right that lets a surviving spouse (or, if none, certain household family members) claim up to a set dollar amount of estate property before it is distributed. It can effectively shield a limited amount of estate assets by setting them aside for the family rather than leaving them available to satisfy creditor claims—though the details and timing matter.

What Pennsylvania Law Says

Pennsylvania provides a family protection benefit in probate that allows qualifying family members to retain or claim estate property up to a statutory cap. This is not the same thing as “avoiding probate,” and it does not automatically protect every asset—generally, it applies to property in the decedent’s estate that has not already been sold by the personal representative, and it can be limited when the decedent specifically left certain items to someone else and other assets are available.

The Statute

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

This statute establishes that a surviving spouse (or, if there is no spouse or the spouse forfeited the right, certain household children or parents) may claim an exemption of up to $3,500 in real and/or personal property from the estate, subject to important limitations (including limits on using specifically devised/bequeathed property if other assets are available).

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 Deadlines (Practical Timing Risks): Even though Pennsylvania’s family exemption statute does not read like a typical “deadline” statute, delays can create real problems—especially if estate property is sold or distributed before the exemption is properly asserted and set aside.
• Burden of Proof: Eligibility can turn on facts like domicile, whether the claimant is the surviving spouse, and (for children/parents) whether they were members of the decedent’s household—facts that can be disputed in Orphans’ Court.
• Exceptions and Asset Classification: Not everything is an “estate asset.” Some property passes outside probate (beneficiary designations, joint accounts, etc.), and other property may be specifically devised in a will—both of which can change what can be used to satisfy the exemption under 20 Pa.C.S. § 3121.

If creditors are pressing the estate, or if family members disagree about what property can be set aside, trying to handle this without counsel can lead to avoidable disputes, delays, or the loss of the protection the law provides.

For more Pennsylvania-specific context, you may also find these helpful: Pennsylvania creditor claim period in probate and how bank accounts and CDs may be treated vs. a year’s allowance/family exemption.

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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.