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Legacy Guard

Pennsylvania

Estate planning basics in Pennsylvania

Pennsylvania has no state estate tax, has an inheritance tax, is not a community property state, and does not have a transfer on death deed. The details are below, in plain words, as Legacy Guard shows them to families in Pennsylvania.

Estate planning facts for Pennsylvania
Estate taxNone
Inheritance taxYes. A surviving spouse and children under 21 pay nothing. Children, grandchildren, and parents pay 4.5 percent. Siblings pay 12 percent. Everyone else pays 15 percent. Paying within three months of death earns a 5 percent discount. Life insurance and transfers to charity are exempt.
Community propertyNo. Pennsylvania is not a community property state.
Small estate limitNo general affidavit. A court petition for settlement of a small estate covers up to $50,000, and banks may release up to $20,000 directly to family.
Transfer on death deedNo. Pennsylvania does not have a transfer on death deed; a bill to adopt one was introduced in 2025 but has not passed.
ProbatePennsylvania probate through the Register of Wills is relatively simple to open, but the inheritance tax return and a one year creditor period mean estates take a year or more to close. A living trust avoids probate but not the inheritance tax, which applies to trust assets too.
HomesteadPennsylvania's homestead exclusion lowers the taxable assessment on an owner-occupied home in participating districts, and the state has almost no creditor homestead protection, so plans rely on tenancy by the entirety for married couples.
VehiclesNo beneficiary designation on a vehicle title. Vehicles are usually left in the owner's name and transferred after death by the estate; a surviving spouse can transfer one by PennDOT form without probate.
Last reviewedOctober 21, 2026

State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.

What this means for your plan

  • Pennsylvania has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
  • Because Pennsylvania has an inheritance tax, who you leave property to can change the tax bill. Spouses and close family are usually exempt or taxed lightly; more distant heirs pay more.
  • Pennsylvania does not have a transfer on death deed for real estate, so a home passes by will, by joint ownership, or through a trust. That is one reason living trusts are common here.
  • Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.

Questions about Pennsylvania

Does Pennsylvania have an estate tax?
No. Pennsylvania has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.
Does Pennsylvania have an inheritance tax?
Yes. A surviving spouse and children under 21 pay nothing. Children, grandchildren, and parents pay 4.5 percent. Siblings pay 12 percent. Everyone else pays 15 percent. Paying within three months of death earns a 5 percent discount. Life insurance and transfers to charity are exempt.
Is Pennsylvania a community property state?
No. Pennsylvania is a common law property state. Pennsylvania probate through the Register of Wills is relatively simple to open, but the inheritance tax return and a one year creditor period mean estates take a year or more to close. A living trust avoids probate but not the inheritance tax, which applies to trust assets too.
Does Pennsylvania allow a transfer on death deed for real estate?
No. Pennsylvania does not have a transfer on death deed; a bill to adopt one was introduced in 2025 but has not passed.
What is the small estate limit in Pennsylvania?
No general affidavit. A court petition for settlement of a small estate covers up to $50,000, and banks may release up to $20,000 directly to family.

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Families join Legacy Guard through their estate planning attorney. Tell us your state and we will point you to a firm, or send your attorney our way.

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