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Spousal Elective Share Law in Pennsylvania

In Pennsylvania, a surviving spouse can elect one-third of the estate and certain lifetime transfers, filed within 6 months after death or 6 months after probate, whichever is later.

Last checked . General information, not legal advice.

Pennsylvania at a glance

Elective share
1/3 of estate plus certain lifetime transfers
Counts property passing by will or intestacy and some transfers such as revocable trusts and survivorship property created during the marriage.
Deadline to elect
6 months after death or 6 months after probate, if later
The court may extend the time on an application filed within that period. Missing it waives the right.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Pennsylvania

How much can a surviving spouse claim in Pennsylvania if left out of the will?

Elective share in Pennsylvania: 1/3 of estate plus certain lifetime transfers. Counts property passing by will or intestacy and some transfers such as revocable trusts and survivorship property created during the marriage.

What is the deadline to claim the elective share in Pennsylvania?

Deadline to elect in Pennsylvania: 6 months after death or 6 months after probate, if later. The court may extend the time on an application filed within that period. Missing it waives the right.

Is Pennsylvania a community property state?

No. Community property state in Pennsylvania: no. Not on the IRS list of community property states.

Where do the Pennsylvania spousal elective share laws come from?

The rules above come from 20 Pa.C.S. 2203 and 20 Pa.C.S. 2210. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.