Pennsylvania

At a Glance

The 4-business-day rule.

In Pennsylvania, a death certificate must be filed within four business days after the death, or four business days after a body is found, and in every case before the permit for burial or other disposition is issued. The person in charge of interment, normally the funeral director, files it with any local registrar or the State Registrar of Vital Statistics. The attending physician, certified registered nurse practitioner, or physician assistant supplies the medical certification. (35 P.S. 450.501)

Who files it.

The person in charge of interment or of removing the body files the death certificate. The medical certification comes from the physician, certified registered nurse practitioner, physician assistant, or a qualifying hospital-staff dentist who attended the deceased during the last illness. If nobody attended, if that clinician can't supply the data, if the death was sudden, violent, or suspicious, or if the clinician who would certify is an immediate family member, the case goes to the coroner instead. (35 P.S. 450.502, 450.503)

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies. The Department of Health lists eligible applicants specifically: spouse, ex-spouse with documented interest, parent or step-parent, sibling or half-sibling, child or step-child, grandparent or great-grandparent, grandchild or great-grandchild, power of attorney, estate representatives, and anyone showing a direct financial interest.

• -PA Department of Health Vital Records: health.pa.gov
• -Cost: $20 per certified copy, regardless of how many you order
• -Ordering online adds a $10 service fee
• -Fee waivers for members of the U.S. Armed Forces under Act 137 of 2024, up to 10 copies per applicant per year

Source: PA Dept. of Health, Death Certificates (eligibility and fees) ↗

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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

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's small estate route covers property of a gross value not exceeding $50,000, counted without real estate and without the payments to family and funeral directors allowed under 20 Pa. C.S. 3101. The orphans' court division can order distribution on a petition instead of full administration. Above $50,000, or with real estate in the estate, you're in regular probate.

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 ↗

Time off work after a death in Pennsylvania

Pennsylvania doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. Not applicable. No private-employer mandate.

How much. Not applicable. No private-employer mandate.

Paid or unpaid. Not applicable. No private-employer mandate.

Pennsylvania is a clean no. There's no state family and medical leave law at all, so private-sector workers in Pennsylvania have exactly what federal law and their employer's handbook give them. The practical hook for readers: if the employer publishes a bereavement policy, L&I treats that policy as binding, so the employer has to follow its own rules. I did not verify Philadelphia or Pittsburgh paid sick leave ordinances against bereavement use, so don't publish a claim about city coverage without checking those ordinances directly.

Source: Pennsylvania Department of Labor and Industry, Wage FAQs (Pennsylvania Minimum Wage Act) ↗

Can I leave money to care for my pet in Pennsylvania?

Yes. Pennsylvania enforces pet trusts under 20 Pa.C.S. § 7738, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and there's no year limit. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about the animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it's worth more than the animal needs, and unless your trust says otherwise the surplus goes to you if you're living, otherwise to your heirs. Pennsylvania follows the uniform wording almost exactly, and the legislature refreshed the enforcement and surplus subsections in July 2024. Name the caretaker and a backup caretaker in the trust itself, because the statute won't pick one for you and the trustee holding the money doesn't have to be the person feeding the dog.

Source: 20 Pa.C.S. § 7738 ↗

How to set one up, and what it costs →

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 doesn't 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. ch. 54). An advance directive can appoint a healthcare agent, specify your wishes for end-of-life care, or both. A health care power of attorney has to be dated and signed by you, or signed by someone else at your direction if you can't sign, and witnessed by two people who are each 18 or older. Whoever signs on your behalf can't be one of the two witnesses. You have to be 18, a high school graduate, married, or an emancipated minor to make one. (20 Pa. C.S. 5452)

Healthcare Power of Attorney.

A healthcare power of attorney designates an agent to make medical decisions when you can't. 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?

Start with 20 Pa. C.S. ch. 54 (Health Care); execution requirements at 20 Pa. C.S. 5452, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Pennsylvania requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation regulations.

Pennsylvania's rule is 24 hours, not 48. A body may be cremated at any time after 24 hours beyond the time of death. Remains can go to the crematory before that, as long as the funeral director gives the crematory written instructions that cremation absolutely cannot happen before the 24 hours are up and holds a signed receipt for those instructions. (49 Pa. Code § 13.212) A cremation permit must be obtained from the local registrar.

Source: 49 Pa. Code § 13.212 (cremation) ↗

Right of disposition.

Pennsylvania's rule is shorter than most states' and there's no long priority ladder. Under 20 Pa. C.S. 305, a valid will you executed controls. Otherwise the surviving spouse has sole authority over disposition. If there's no surviving spouse, the next of kin has sole authority, and the statute defines next of kin as the spouse and blood relatives in the order they'd inherit under the intestacy chapter, so long as they're adults or emancipated minors. A member of the armed forces can override the will with a later DD Form 93.

Source: 20 Pa. C.S. § 305 (right to dispose of a decedent's remains) ↗

Green burial.

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

Who decides what happens to the body in Pennsylvania

Pennsylvania sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. DD Form 93 designee, where the form was executed later in time than a valid will (20 Pa.C.S. § 305(a.1))
2. decedent's valid will (§ 305(a))
3. surviving spouse, with sole authority
4. next of kin, meaning the spouse and blood relatives in the order they would succeed to the estate under Chapter 21 (intestate succession), each of whom must be an adult or an emancipated minor

Naming someone in advance. None found as a standalone form. Pennsylvania has no statutory funeral-agent designation. Section 305 recognizes only three ways to move control away from the default: a valid will, a DD Form 93 for a member of the armed forces (including a reserve component or the National Guard) executed later in time than the will, and "contrary intent," defined in § 305(e) as "An explicit and sincere expression, either verbal or written, of a decedent adult or emancipated minor prior to death and not subsequently revoked that a person other than the one authorized by this section determine the final disposition of his remains." Contrary intent has to be proven to a court by clear and convincing evidence, so it is not a reliable planning instrument. There is also "waiver and agreement" by the person who would otherwise hold the right.

When the same tier disagrees. 20 Pa.C.S. § 305(d)(2). If two persons with equal standing as next of kin disagree, the court decides, "with preference given to the person who had the closest relationship with the deceased." If more than two persons with equal standing disagree, the majority decides. Where two or more with equal standing cannot reach a majority, the court makes the final determination. Under § 305(d), a petition alleging enduring estrangement, incompetence, contrary intent, or waiver and agreement filed within 48 hours of the death or discovery of the body can get a court order freezing disposition until the petition is decided; notice must go to every person with equal or higher precedence, their attorney if known, and the funeral home holding the body.

Pennsylvania is the estrangement state. A surviving spouse or next of kin loses sole authority if a court finds, by clear and convincing evidence, "enduring estrangement," defined in § 305(e) as a physical and emotional separation at the time of death lasting long enough to clearly demonstrate an absence of due affection, trust and regard. If the court finds the petition was not supported by clear and convincing evidence, it may award attorney fees against the petitioner, set off against any claim the petitioner has against the estate (§ 305(d)(3)). Note that palegis.us serves § 305 through a JavaScript shell; the legis.state.pa.us static HTML above returns the full text to a plain client.

Source: 20 Pa.C.S. § 305 (Right to dispose of a decedent's remains) ↗

If you can't afford the funeral in Pennsylvania

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Payment for Burial and Cremation (Medicaid burial and cremation services payment), 55 Pa. Code Chapter 283 Pennsylvania Department of Human Services. Eligibility is decided by the local County Assistance Office (CAO).

What it pays. 55 Pa. Code § 283.21 verbatim: '(a) The Department's payment for burial or cremation, or both, will not exceed $750. (b) The Department's payment is determined by adding the total value of resources under § 283.22(b) (relating to resources) contributed by an agency or individual. If the total value of resources is: (1) Equal to or greater than $1,500, the Department will not pay for burial or cremation, or both. (2) Less than or equal to $750, the Department's payment is $750. (3) Greater than $750, but less than $1,500, this amount is subtracted from $1,500. The remainder is the Department's payment.'

What disqualifies you. Per the DHS page, the person who died must have been one of: 'Individuals who received Supplemental Security Income or SSI'; 'Individuals receiving cash benefits from the Department of Human Services prior to death'; 'Individuals who were found eligible for cash assistance prior to death'; or 'Residents of nursing homes who received SSI or nursing home care payments prior to Jan. 1, 1973, continuously to the present.' 'Eligibility for assistance with burial costs is determined by the local county assistance offices (CAOs).'

The official page ↗

2. If the death was caused by a crime. 'The maximum reimbursement for funeral/burial expenses may not exceed $6,500.' Transportation of the deceased and of people making arrangements sits outside the funeral cap but inside the program's overall $35,000 cap.

Pennsylvania crime victim compensation ↗

3. Money the person was already owed. Search Pennsylvania's unclaimed property before you borrow anything. Searching and claiming are free.

Pennsylvania unclaimed property ↗

The $750 goes to the funeral director, not to you, and only if that funeral home is registered as a DHS provider, so ask before you choose one. Every dollar anyone else puts in counts against it: at $1,500 from other sources the state pays nothing.

At a Glance

Pennsylvania inheritance tax.

Pennsylvania doesn't 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)
• -Parent inheriting from a child aged 21 or younger: 0% (exempt)
• -Lineal heirs (children, grandchildren, parents): 4.5%
• -Siblings: 12%
• -All other heirs: 15%
• -Charitable organizations, exempt institutions, and exempt government entities: 0%

Source: PA Dept. of Revenue, Inheritance Tax ↗

The inheritance tax is paid by the estate.

Pennsylvania inheritance tax is paid by the estate before assets are distributed to beneficiaries. Payment is due at death and becomes delinquent nine months after. 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override your registration.

Under the Pennsylvania Anatomical Gift Act, a registered donor's decision is legally binding. Only the donor can amend or revoke a gift (20 Pa. C.S. § 8615), and the rights created by the gift are paramount to the rights of others (20 Pa. C.S. § 8611(e)). One thing for parents: a 16- or 17-year-old can make an anatomical gift only with a parent's or guardian's consent, noted on the donor card or the license application (20 Pa. C.S. § 8611(a)). 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