Pennsylvania

At a Glance

The 4-day rule.

In Pennsylvania, a death certificate must be filed within 4 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (35 P.S. 450.401)

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

• –PA Department of Health Vital Records: health.pa.gov
• –Cost: $20 per certified copy
• –Expedited service available through VitalChek

How do I get a death certificate in Pennsylvania?

Order certified copies from Pennsylvania's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Pennsylvania?

$20 per certified copy in Pennsylvania, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Pennsylvania requires probate for estates with solely-owned assets exceeding $50,000. Estates under $50,000 may qualify for a simplified small estate process.

If you die without a will.

Pennsylvania intestate succession (20 Pa. C.S. 2101) determines who inherits:

• –Surviving spouse only (no children or parents): gets everything
• –Spouse + children all from that spouse: spouse gets first $30K plus half the remainder; children split the rest
• –Spouse + children from a prior relationship: spouse gets half; children split the other half
• –No spouse, children survive: children inherit equally
• –No spouse or children: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, retirement accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Pennsylvania?

A straightforward Pennsylvania probate typically runs 9-18 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Pennsylvania?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Pennsylvania?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Pennsylvania allow transfer-on-death deeds?

No. Pennsylvania has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; a uniform-act bill (HB 2124) is parked in the legislature, so watch for a late-2026 change.

Source: legislative record ↗

Die without a will in Pennsylvania and this law picks your heirs.

If you die intestate (without a valid will) in Pennsylvania, 20 Pa. Cons. Stat. §§ 2101 to 2110 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): first $30,000 plus half the balance; parents get the rest.
• –Spouse + joint descendants: first $30,000 plus half the balance; children split the rest.
• –Spouse + blended family: a flat one-half, the $30,000 allowance disappears.
• –Source: 20 Pa. Cons. Stat. §§ 2101 to 2110

Children's shares.

The issue take the whole estate, divided into equal shares at the nearest generation with living takers, with a dead child's share passing to that child's issue.

No spouse, no children: the line of succession.

After issue come parents, then siblings and their issue, then grandparents in paternal and maternal halves, then aunts and uncles and their children and grandchildren, then a local endowed community fund (municipality, then school district, then county), and only then the Commonwealth of Pennsylvania.

At a Glance

Pennsylvania Advance Directive.

Pennsylvania recognizes advance directives under the Health Care Agents and Representatives Act (20 Pa. C.S. 5401). An advance directive can appoint a healthcare agent and/or specify your wishes for end-of-life care. It must be signed by the declarant and two adult witnesses.

Healthcare Power of Attorney.

A healthcare power of attorney designates an agent to make medical decisions when you cannot. In Pennsylvania, this is typically included in the advance directive document rather than as a separate form.

POLST (Physician Orders for Life-Sustaining Treatment).

Pennsylvania recognizes POLST as a medical order for seriously ill patients. Unlike an advance directive, a POLST is signed by a physician and provides specific medical orders that travel with the patient.

Where do I get Pennsylvania's advance directive form?

The controlling law is 20 Pa. C.S. 5401 et seq. (Pennsylvania Health Care Agents and Representatives Act), linked as this section's source. Most people use the free statutory form: Pennsylvania's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Pennsylvania require a notary or witnesses for an advance directive?

Pennsylvania requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation regulations.

Pennsylvania requires a 48-hour waiting period before cremation, unless the death was from a contagious disease. A cremation permit must be obtained from the local registrar.

Right of disposition.

Pennsylvania law (20 Pa. C.S. 305) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Green burial.

Green burial is permitted in Pennsylvania. Natural burial is allowed at cemeteries that permit it. Pennsylvania has several dedicated green burial grounds.

At a Glance

Pennsylvania inheritance tax.

Pennsylvania does not have an estate tax, but it does impose an inheritance tax on the value of assets transferred to beneficiaries. The rate depends on the relationship to the deceased:

• –Surviving spouse: 0% (exempt)
• –Lineal heirs (children, grandchildren, parents): 4.5%
• –Siblings: 12%
• –All other heirs: 15%
• –Charitable organizations: 0% (exempt)

The inheritance tax is paid by the estate.

Pennsylvania inheritance tax is paid by the estate before assets are distributed to beneficiaries. If paid within 3 months of death, a 5% discount applies.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026. Estates below this threshold owe no federal estate tax.

Does Pennsylvania have an estate tax?

No. Pennsylvania has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Pennsylvania have an inheritance tax?

Yes. Pennsylvania is one of the few states with an inheritance tax, paid by the person who inherits rather than by the estate. Rates and exemptions depend on the heir's relationship to the person who died; the details are in the section above.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

The Pennsylvania Donor Registry.

Pennsylvania maintains a donor registry through the Center for Organ Recovery and Education (CORE) and Gift of Life Donor Program. Registration through PennDOT when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Pennsylvania Anatomical Gift Act (20 Pa. C.S. 8601), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donors1.org or giftoflife.org, at any PennDOT driver's license center, or by completing a donor card.

• –Online: donors1.org or giftoflife.org
• –At PennDOT when renewing your license
• –Donor card: available from CORE or Gift of Life