How Does Step-Up in Basis Work in Pennsylvania?

Inherited assets in Pennsylvania take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates72 P.S. § 7302 (Tax Reform Code of 1971, Article III) — flat 3.07% individual rateVerified Sep 15, 2026View source.

When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Pennsylvania as in every state.

State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular rates72 P.S. § 7302 (Tax Reform Code of 1971, Article III) — flat 3.07% individual rateVerified Sep 15, 2026View source. Pennsylvania's top marginal income tax rate is 3.07%72 P.S. § 7302Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.

For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.

No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Pennsylvania layer. Short-term ordinary-income rates never apply.

The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.

Forms for Planning and Settling an Estate in Pennsylvania

Free Pennsylvania forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Petition for Probate and Letters

In Pennsylvania, the petition asks the Register of Wills of the county of the decedent’s domicile to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is available20 Pa.C.S. § 901 (register jurisdiction over probate of wills and grant of letters), § 3155 (register grants letters testamentary/administration), § 908 (appeal from register's decree to the Orphans' Court)Verified Sep 8, 2026View source.

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Notice to Creditors

In Pennsylvania, the notice to creditors is published for 320 Pa.C.S. §§ 3162, 3381-3392, 3532Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 12 months20 Pa.C.S. § 3532 (one year from first complete advertisement of the grant of letters — a risk-distribution protection period for the personal representative, not a nonclaim bar)Verified Sep 8, 2026View source from first publication to present claims.

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Renunciation of Executor

In Pennsylvania, a person named as personal representative may renounce the right to servePa. O.C. Rule 10.1; Form RW-06 rev. 01.01.20Verified Sep 23, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Pennsylvania, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areAct of Nov. 5, 1981, P.L. 328, No. 118, §§ 1-3; 20 Pa.C.S. § 3546; 75 Pa.C.S. § 1114Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.

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Estate Inventory

In Pennsylvania, the personal representative files the estate inventory within 270 days20 Pa.C.S. §§ 3301-3303Verified Sep 15, 2026View source of appointment.

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Estate Closing

In Pennsylvania, the personal representative is discharged automatically once the statutory period runs20 Pa.C.S. §§ 3531, 3532, 3533, 3514, 3521Verified Sep 15, 2026View source, and no final accounting is required.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Tools for Planning and Settling an Estate in Pennsylvania

Free calculators and checklists for planning or settling an estate in Pennsylvania: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Pennsylvania levies an inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source, paid by the beneficiary at a rate set by relationship, and no estate tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

In Pennsylvania, an inheritance is subject to a state inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Pennsylvania costs an estimated $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.9%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source to 3%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source of the estate. Estates under $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Pennsylvania costs an estimated $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source. Attorney fees run 1.9%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source to 3%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Pennsylvania, a surviving spouse takes the first $30,000 plus half of the rest20 Pa.C.S. § 2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representation20 Pa.C.S. § 2104(1)Verified Sep 10, 2026View source.

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How Many Death Certificates Do I Need?

In Pennsylvania, certified death certificates come from the Pennsylvania Department of Health - Division of Vital RecordsPennsylvania Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $20Pennsylvania Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source.

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Do I Need Probate?

In Pennsylvania, estates with personal property of $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source or less qualify for the Settlement of Small Estates on Petition20 Pa.C.S. § 3102Verified Sep 8, 2026View source, a court procedure short of full probate.

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Pennsylvania Estate Planning Resources

In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.