The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption.
(June 27, 1974, P.L.383, No.130, eff. imd.; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Section 3101 - Payments to family and funeral directors
Section 3102 - Settlement of small estates on petition
Section 3122 - Payment or delivery of exemption
Section 3123 - Payment from real estate
Section 3126 - Grantee or lienholder
Section 3131 - Place of probate
Section 3132 - Manner of probate
Section 3132.1 - Self-proved wills
Section 3133 - Limit of time for probate
Section 3134 - Nuncupative wills (Repealed)
Section 3135 - Wills in foreign language
Section 3136 - Wills probated outside the Commonwealth
Section 3137 - Enforcing production of will
Section 3138 - Later will or codicil
Section 3152 - When 21 years elapsed
Section 3153 - Contents of petition
Section 3154 - Affidavit and oath
Section 3155 - Persons entitled
Section 3156 - Persons not qualified
Section 3158 - Letters of administration C.T.A
Section 3159 - Letters of administration D.B.N. or D.B.N.C.T.A
Section 3160 - Letters of administration durante minoritate, durante absentia, and pendente lite
Section 3161 - Oath of personal representative
Section 3162 - Advertisement of grant of letters
Section 3163 - Submission to jurisdiction
Section 3171 - Individual estate
Section 3172 - Register's responsibility
Section 3173 - Fiduciary estate
Section 3174 - When not required
Section 3175 - Requiring or changing amount of bond
Section 3181 - Revocation of letters
Section 3182 - Grounds for removal
Section 3183 - Procedure for and effect of removal
Section 3184 - Discharge of personal representative and surety