Family Exemption
The family exemption provides specific members of the decedent's family with $3,500 from the decedent's estate. This is similar to the homestead allowance found in other states, which is not granted by Pennsylvania.

The family exemption is only available if the decedent was domiciled in Pennsylvania at the time of death. Note that the decedent's domicile controls, rather than that of any family member claiming the exemption. However, the exemption can only be claimed by a member of the decedent's household, which effectively limits the right to Pennsylvania residents.

The family exemption is restricted to the decedent's:
1. Spouse
2. Child or Children
3. Parent or Parents

The family exemption may only be claimed once, even if more than one family member qualifies, which means that the total amount paid towards the family exemption will never exceed $3,500. If multiple claims are made, the exemption will be paid to the first qualified family member according to the order of the above listing, with first priority given to the surviving spouse.

If a spouse does not make a claim, the decedent's children may claim the family exemption. As noted, only those children who were members of the decedent's household at the time of death have this right. Also, multiple qualifying children must share the $3,500 between them.

Finally, if the exemption is not paid to a surviving spouse or any children, the decedent's parents may claim it. Again, the parents must have resided with the decedent.

Although the family exemption will be granted when all of the necessary conditions are present, it will not be paid if the proper legal steps aren't taken to claim it. Also, the $3,500 may be paid in the form of cash, personal property, or real property, depending on the claimant's preference.

When it is properly claimed, the only items that can be paid from the estate before payment of the family exemption are the administration expenses.

See: Gifts, General Distribution; Gifts, Insufficient Assets