PA risk area
Complexity triggers in Pennsylvania
Scenarios that increase estate risk, such as blended families or multi-state property.
Pennsylvania grants a spousal elective share and a family exemption that can shift distributions.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take one-third of the estate instead of the will’s provisions.
- A family exemption of up to $3,500 in personal property can be set aside for the spouse or children.
Questions to consider
Questions this risk area helps you evaluate in Pennsylvania
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Pennsylvania grants a spousal elective share and a family exemption that can shift distributions.
- A surviving spouse may elect to take one-third of the estate instead of the will’s provisions.
- A family exemption of up to $3,500 in personal property can be set aside for the spouse or children.
Sources
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.022.002.000..HTM
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.031.002.001..HTM
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Pennsylvania.