Does Pennsylvania restrict who can inherit a home?

No. A Pennsylvania home passes by the will, the trust, the deed or intestacy, subject to a surviving spouse's elective share (20 Pa.C.S. §2203); there is no homestead devise restriction.

What is the Pennsylvania family exemption?

The right of a decedent's spouse — or, without one, the children, then the parents, who lived in the household — to retain or claim the decedent's property to the value of $3,500 (20 Pa.C.S. §3121).

The Home After a Death in Pennsylvania

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What “homestead” means in Pennsylvania

Pennsylvania's statutes provide no homestead exemption and no homestead inheritance rule: the general exemption from a judgment creditor is $300 of the debtor's property (42 Pa.C.S. §8123), and who inherits the home is decided by the will, the trust, the deed or intestacy. After a death, the spouse — or, without one, the children, then the parents, who lived in the household — may claim the family exemption of $3,500 in the decedent's property (20 Pa.C.S. §3121).

Who gets the home

In Pennsylvania the home passes like the decedent's other property — under the will or the trust, or by intestacy (20 Pa.C.S. §2102) — and the spouse, or the household's children or parents, may retain or claim up to $3,500 of the estate's property as the family exemption (20 Pa.C.S. §3121):

With a will or a trust that disposes of the home, it passes as the instrument says — subject to a surviving spouse's right to elect one-third of property that includes property the decedent conveyed during life while keeping a power to revoke (20 Pa.C.S. §2203).
Without one, the home passes by intestacy with the rest of the estate — the spouse's share depends on who else survives (20 Pa.C.S. §2102), and the rest passes to the decedent's issue, then parents, then others in the order the statute sets (20 Pa.C.S. §2103).
A home owned jointly with a right of survivorship — including a home spouses own together as tenants by the entireties — passes to the survivor outside the will. Pennsylvania has no transfer-on-death deed for real estate.

Can the home be left by will or by trust? Yes

Pennsylvania places no restriction on devising a home: the owner may leave it by will or by trust to anyone, subject to a surviving spouse's right of election (20 Pa.C.S. §2203).

Named in a revocable Trust? The family's rights still apply

Holding the home in a revocable Trust changes who holds title, not the family's rights: a surviving spouse's elective share can reach property the decedent conveyed while keeping a power to revoke (20 Pa.C.S. §2203), and after the settlor's death a revocable trust's property answers for the settlor's creditors, the costs of administration, funeral expenses and the family exemption to the extent the statute states (20 Pa.C.S. §7745). A Trustee who distributes or sells the home before those questions are settled can cloud the title. In a firm-supervised matter, TrusteeClear routes these questions to the attorney before anything moves.

Creditors and the home after a death

After the owner's death, the home is part of the estate — or the trust — that answers for the decedent's debts; where a revocable trust holds it, the estate's own assets are applied first (20 Pa.C.S. §7755), and the family exemption is paid ahead of most claims (20 Pa.C.S. §3392). Liens and mortgages on the home still apply. Whether particular property is reachable is fact-specific attorney territory.

Property taxes

Property-tax relief turns on who owns and occupies the home after the death; the county assessment office and a Pennsylvania attorney can confirm what continues and what a surviving spouse or heir applies for in their own right. The home's transfer at death can also bear Pennsylvania inheritance tax at the rate set by the heir's relationship to the decedent (72 P.S. §9116).

What should happen next?

Outcomes turn on facts: who survived, how the deed reads, whether minors are involved, and a spouse's election, filed within six months after the death or six months after probate, whichever is later (20 Pa.C.S. §2210). This page is general information, not legal advice. A free role check shows you where you stand, and a Pennsylvania attorney can confirm how the home passes in your situation.

General information about Pennsylvania law, not legal advice.

Frequently asked questions

Does Pennsylvania restrict who can inherit a home?: No. A Pennsylvania home passes by the will, the trust, the deed or intestacy, subject to a surviving spouse's elective share (20 Pa.C.S. §2203); there is no homestead devise restriction.
What is the Pennsylvania family exemption?: The right of a decedent's spouse — or, without one, the children, then the parents, who lived in the household — to retain or claim the decedent's property to the value of $3,500 (20 Pa.C.S. §3121).