The Short Answer

In Pennsylvania, a surviving spouse often has strong financial rights in the estate that can affect whether the spouse can keep (or continue living in) the home—even if adult children contest the estate. But the spouse’s ability to remain in the home depends on key facts like how the home is titled, what the will says, and whether the spouse asserts statutory rights such as the family exemption and/or an elective share.

What Pennsylvania Law Says

When adult children challenge an estate, the dispute is usually about who inherits and on what terms. A surviving spouse is not limited to what the will provides—Pennsylvania law gives spouses certain protections that can override or reshape the distribution of assets, including interests connected to the marital residence. Two common statutory tools are (1) the family exemption (a limited-value set-aside of property) and (2) the elective share (a right to claim a statutory portion of certain property).

The Statute

The primary law governing a surviving spouse’s right to claim a set-aside from the estate is 20 Pa.C.S. § 3121.

This statute establishes that a surviving spouse of a Pennsylvania-domiciled decedent may retain or claim an exemption in real and/or personal property (subject to statutory limits and conditions), which can be relevant when the spouse is trying to keep assets—sometimes including an interest connected to the home—while other heirs contest the estate.

Separately, Pennsylvania also provides a surviving spouse a right to an elective share of one-third of certain property, which can significantly affect who ultimately receives the home or proceeds from it. See 20 Pa.C.S. § 2203.

For deeper background on how these spouse protections can work in probate, you may find helpful: elective share claims in Pennsylvania probate and inheritance rights to a family property in Pennsylvania.

Why You Should Speak with an Attorney

While the statutes provide important protections for a surviving spouse, applying them to a contested-estate fight over a home is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Spousal rights like an elective share can be lost if not asserted on time, and litigation timelines in Orphans’ Court can move quickly once a contest is filed.
• Burden of Proof: If adult children allege undue influence, lack of capacity, or other grounds to challenge the will, the evidence (medical records, witness testimony, financial records, and timeline) can determine whether the spouse’s position is strengthened or weakened.
• Exceptions and Title Issues: Whether the spouse can remain in the home may turn on how the property is titled (for example, survivorship ownership vs. probate ownership), whether the home was specifically devised, and whether other estate assets are available—issues that interact directly with the limits and conditions in the family exemption statute.

Trying to handle a contested estate alone can lead to avoidable mistakes—especially where the home is at stake and multiple parties are pushing competing narratives in court. A probate attorney can evaluate the spouse’s statutory rights, the property title, and the litigation posture, and then pursue a strategy aimed at protecting housing stability and financial recovery.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.