Instructions For Form Rev-1500 - Pennsylvania Inheritance Tax Return Resident Decedent Page 17
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27tle the estate. The Department of Revenue does not recognize a
including interest due as of the date of death. Except as other-
set percentage fee or fee schedule. Any circumstances which
wise noted, these items are deductible regardless of whether or
not assets comprising the taxable estate are employed in the pay-
necessitate fees above that which would normally be incurred
should be described in an attachment to the tax return.
ment or discharge of the deductible items. However, uncol-
Administration expenses include, but are not limited to: costs of
lectible liens are not allowable as a debt of the decedent. These
letters testamentary or of administration, accounting fees, tax
would include invalid liens such as those filed while the dece-
return preparation fees, estate notices, inventory, fees of apprais-
dent is under bankruptcy.
ers, witnesses, short certificates, affidavits, fees for account and
When a tax is imposed upon a transfer of jointly owned proper-
adjudication, public liability insurance premiums, stock trans-
ty by right of survivorship (see Schedule F) or a taxable inter
fers, stamps, registered mail charges, certified copies of will,
vivos transfer (see Schedule G), the deductions will be allowed
fees for recording instruments, bank charges for supervision of
to the transferee only to the extent that the transferee has actual-
entry into safe deposit boxes, broker’s commissions, state and
local realty transfer taxes, cost of maintaining property adminis-
ly paid the deductible items and either the transferee was obli-
tered, and other services. Attorney fees incidental to litigation
gated to pay the deductible items or the estate subject to admin-
instituted by the beneficiaries for their benefit do not constitute
istration by a personal representative is insufficient to pay the
a proper deduction.
deductible items. The transferee must show that the same debts
are not also claimed by an executor, administrator, or other per-
The family exemption is a right given to specific individuals to
sonal representative handling the administration of the dece-
retain or claim certain items or amounts of the decedent’s prop-
dent’s estate.
erty in accordance with Section 3121 of the Probate, Estates and
Fiduciaries Code. For dates of death from June 27, 1974 through
Examples of obligations which should be itemized on Schedule
January 29, 1995, the family exemption is $2,000; after January
I include property taxes which are due and owing prior to dece-
29, 1995, the amount is increased to $3,500. The spouse of any
dent’s death, secured loans, liabilities, and claims based on a
decedent, or if there is no spouse, then such children who resided
promise or agreement, provided that the liability was contracted
in the same household as the decedent at the decedent’s death, or
bona fide and for an adequate and full consideration.
if there are no children, then the parent or parents of the dece-
Expenses incurred in treating the decedent’s last illness, which
dent who resided in the same household as the decedent at the
are unpaid at the time of death, are not deductible if they will be
decedent’s death, may retain or claim property to the value per-
paid, or the estate will be reimbursed for their payment, from
mitted by law as the “family exemption” under the Probate,
other sources such as medical insurance. Include only expenses,
Estates and Fiduciaries Code. The family exemption is legally
which will not be paid or reimbursed by medical insurance on
payable only from the probate estate of the decedent.
this schedule.
Accordingly, it may not be claimed as a deduction except to the
extent that there are sufficient probate assets to satisfy the
Debts incurred by the decedent prior to death with respect to real
exemption from this property. A family exemption cannot be
property held in the decedent's name alone, such as mortgages,
claimed against assets listed on Schedules F and G of the return.
repairs, and utilities, are allowed. However, when the decedent
held title jointly with another or others, with rights of survivor-
Expenses incurred in administering real property held in the
ship, or as a tenant in common, debts incurred prior to the dece-
decedent's name alone, including settlement costs, are allowed
dent's death are only allowed to the same extent as the decedent's
in reasonable amounts. However, when the decedent held title
fractional interest in the real property. Proof of mortgage liabil-
jointly with another or others, with rights of survivorship,
ities must always be provided.If the decedent transferred title to
expenses incurred after the decedent's death are not allowed. If
real property within one year prior to the date of death, deduc-
the decedent held title as a tenant in common, expenses incurred
tions will be limited to those for which the decedent was actual-
in administering the decedent's interest are only allowed to
ly liable at the date of death.
the same extent as the decedent's fractional interest in the real
property.
SCHEDULE J
SCHEDULE I
BENEFICIARIES
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
I. List the name, address and the relationship to the decedent of
each beneficiary. The amount or share that each beneficiary is
List on Schedule I all valid debts of the decedent owed at the
time of death, including all mortgages and liens on real estate,
entitled to receive must be listed. If assets pass under the terms
14
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