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State rules · Pennsylvania

Pennsylvania: estate, probate and Medicaid rules in one place

What applies in Pennsylvania, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Pennsylvania have a state estate tax?

State estate tax: No (72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back)).

Does Pennsylvania have an inheritance tax?

Inheritance tax: Yes (72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back)).

Can you use a transfer-on-death deed in Pennsylvania?

Transfer-on-death deed for real estate: None — not available for real property (20 Pa.C.S. ch. 64 — Transfer on Death Security Registration (securities only, not real property); securities TOD only; no real-property TOD deed enacted as of July 2026).

What is the Medicaid look-back period in Pennsylvania?

Look-back period: 60 months for assets transferred on or after February 8, 2006 (55 Pennsylvania Code section 178.104a; Adopted March 2, 2007, effective March 3, 2007).

Does Pennsylvania tax Social Security benefits?

Social Security benefits: Exempt (www.pa.gov).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoVerified

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
YesVerified

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Spouse (Surviving spouse; also a parent's transfer to a child age 21 or younger) — top rate
0%Verified
  • 0%. Charitable and governmental transfers are also exempt.

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Spouse (Surviving spouse; also a parent's transfer to a child age 21 or younger) — exemption
No value recorded

The pinned estate-tax dataset holds no exemption amount for this class.

Lineal (Lineal descendants and ascendants (children over 21, grandchildren, parents, grandparents)) — top rate
4.5%Verified
  • Flat 4.5%.

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Lineal (Lineal descendants and ascendants (children over 21, grandchildren, parents, grandparents)) — exemption
No value recorded

The pinned estate-tax dataset holds no exemption amount for this class.

Sibling (Brothers and sisters (incl. half-siblings)) — top rate
12%Verified
  • Flat 12%.

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Sibling (Brothers and sisters (incl. half-siblings)) — exemption
No value recorded

The pinned estate-tax dataset holds no exemption amount for this class.

Other (All others (nieces, nephews, friends, etc.)) — top rate
15%Verified
  • Flat 15%.

Source: 72 P.S. § 9116 (inheritance tax rates); § 9107 (gift add-back) · Checked July 18, 2026

Other (All others (nieces, nephews, friends, etc.)) — exemption
No value recorded

The pinned estate-tax dataset holds no exemption amount for this class.

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyVerified

Source: 20 Pa.C.S. ch. 64 — Transfer on Death Security Registration (securities only, not real property) · Effective: securities TOD only; no real-property TOD deed enacted as of July 2026 · Checked July 26, 2026

Controlling statute
No real-property TOD deed — PA TOD is limited to securities (20 Pa.C.S. ch. 64)Verified

Source: 20 Pa.C.S. ch. 64 — Transfer on Death Security Registration (securities only, not real property) · Effective: securities TOD only; no real-property TOD deed enacted as of July 2026 · Checked July 26, 2026

Small-estate procedure

Current rule
$50,000 gross personal estate excluding real property and specified family payments; Orphans' Court petitionVerified

Source: 20 Pa.C.S. § 3102 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Non-money-payment pathway income limit
$2,982 per monthVerified
  • Applies to: individual applicant using the non-money-payment pathway.

Source: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Income and community-spouse resource figures labeled for 2026 · Checked September 5, 2026

Medically needy pathway income limit
$2,550 semiannual net incomeVerified
  • Applies to: individual applicant using the medically needy pathway.

Source: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Effective: Income and community-spouse resource figures labeled for 2026 · Checked September 5, 2026

Non-money-payment pathway resource limit
$2,000 with an additional $6,000 disregardVerified
  • Applies to: individual applicant using the non-money-payment pathway at or below the $2,982 income threshold.

Source: Pennsylvania Code chapter 178, Appendix A · Also: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Effective: Appendix A amended December 30, 1988, effective January 31, 1989 · Checked September 5, 2026

Medically needy pathway resource limit
$2,400Verified
  • Applies to: individual applicant using the medically needy pathway above the non-money-payment income threshold.

Source: Pennsylvania Code chapter 178, Appendix A · Also: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Effective: Appendix A amended December 30, 1988, effective January 31, 1989 · Checked September 5, 2026

Current community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Income and community-spouse resource figures labeled for 2026 · Checked September 5, 2026

Current community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximum per monthVerified
  • Applies to: institutionalized applicant with a community spouse; allowable shelter expenses may increase the actual allowance.

Source: CMS 2026 minimum maintenance-needs standards · Also: CMS 2026 SSI and January spousal-impoverishment standards · Also: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Effective: Minimum maintenance-needs amount effective July 1, 2026 · Checked September 5, 2026

Current home-equity limit
$752,000Verified
  • Applies to: applicant subject to Pennsylvania's home-equity rule.

Source: Pennsylvania DHS Medicaid and Payment of Long-Term Services · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Income and community-spouse resource figures labeled for 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months for assets transferred on or after February 8, 2006Verified

Source: 55 Pennsylvania Code section 178.104a · Effective: Adopted March 2, 2007, effective March 3, 2007 · Checked September 5, 2026

Transfer-penalty divisor
Not yet verified

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 5, 2026 · Ask the state agency

How the state administers the penalty
For an applicant, divide cumulative uncompensated value by the average daily private-pay rate in effect when the application is processed; the penalty begins when the applicant would otherwise be eligible. For a recipient, the period begins after the advance-notice date specified by the rule.Verified

Source: 55 Pennsylvania Code section 178.104a · Effective: Adopted March 2, 2007, effective March 3, 2007 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Probate-estate recovery reaches real and personal property subject to administration, including unadministered probate property, for nursing-facility, home-and-community-based, and related hospital and prescription-drug services received at age 55 or older on or after August 15, 1994. Joint survivorship property and trust assets not payable to the estate are excluded.Verified

Source: 55 Pennsylvania Code chapter 258 · Effective: Adopted November 2, 2001, effective February 1, 2002 · Checked September 5, 2026

Controlling authority
62 P.S. section 1412 and 55 Pennsylvania Code chapter 258Verified

Source: 55 Pennsylvania Code chapter 258 · Effective: Adopted November 2, 2001, effective February 1, 2002 · Checked September 5, 2026

Exemptions and deferrals
Collection is postponed while a surviving spouse lives, while a surviving child is under 21 or blind or permanently disabled, and while a qualifying sibling with an equity interest remains in the home; protected Native American and Alaska Native property and government reparations are exempt.Verified

Source: 55 Pennsylvania Code chapter 258 · Effective: Adopted November 2, 2001, effective February 1, 2002 · Checked September 5, 2026

Hardship waiver
Permanent hardship relief covers a qualifying two-year resident caregiver with no alternative home, specified income-producing property needed to keep household income at or above 250% of the federal poverty guideline, necessary home-maintenance expenses, and administered estates worth $2,400 or less with an heir. The Department may also decide other cases individually.Verified

Source: 55 Pennsylvania Code chapter 258 · Effective: Adopted November 2, 2001, effective February 1, 2002 · Checked September 5, 2026

Lien practice
During a statutory postponement, estate real property must be secured by a mortgage or other recorded encumbrance in the Department's favor; qualifying personal property may require a perfected security interest. No interest accrues during the postponement.Verified

Source: 55 Pennsylvania Code chapter 258 · Effective: Adopted November 2, 2001, effective February 1, 2002 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Pennsylvania excludes Social Security and Railroad Retirement benefits.

Source: www.pa.gov · Checked August 15, 2026

Public pensions
Exempt when conditions are metVerified
  • Eligible public-plan distributions are exempt after the applicable retirement requirements are met.
  • The distribution must come from a Pennsylvania-eligible employer-sponsored retirement plan after the recipient has met that plan's retirement-age or years-of-service requirement and retired.
  • Early-retirement incentive payments and nonqualifying deferred compensation remain taxable.

Source: 2025 Pennsylvania PA-40 Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked February 10, 2026

Private pensions
Exempt when conditions are metVerified
  • Eligible private employer-plan distributions are exempt after the applicable retirement requirements are met.
  • The distribution must come from a Pennsylvania-eligible employer-sponsored retirement plan after the recipient has met that plan's retirement-age or years-of-service requirement and retired.
  • Early-retirement incentive payments and nonqualifying deferred compensation remain taxable.

Source: 2025 Pennsylvania PA-40 Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked February 10, 2026

IRA and 401(k) distributions
Exempt when conditions are metVerified
  • Eligible IRA and qualified-plan distributions are exempt after Pennsylvania's retirement requirements are met; an early IRA distribution can be taxable to the extent it exceeds prior contributions.
  • An IRA distribution received at or after age 59.5 qualifies for retirement treatment.
  • Death can qualify an IRA distribution for exempt retirement treatment.
  • Before qualification, the amount exceeding previously taxed contributions can be Pennsylvania-taxable; qualifying rollovers remain nontaxable when the stated rollover conditions are met.

Source: 2025 Pennsylvania PA-40 Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked February 10, 2026

Military retirement pay
ExemptVerified
  • Pennsylvania excludes qualifying retired or retainer pay of a member or former member of a uniformed service.
  • The payment must be retired or retainer pay computed under Chapter 71 of Title 10 of the U.S. Code.

Source: 2025 Pennsylvania PA-40 Individual Income Tax Return Instructions · Effective: tax year 2025 · Checked February 10, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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