When a Pennsylvania resident dies without a valid will, probate property generally passes under Pennsylvania’s intestate-succession statute rather than according to what family members believe the person would have wanted. The result depends heavily on whether the decedent left a surviving spouse, children or other descendants, parents, and more remote relatives.

What does “intestate” mean?

A person dies “intestate” to the extent property is not effectively disposed of by a valid will or another arrangement. Under 20 Pa.C.S. § 2101, property in the intestate estate passes to heirs under Chapter 21 of Pennsylvania’s Probate, Estates and Fiduciaries Code.

Not every asset necessarily becomes part of the intestate estate. Property passing by beneficiary designation, survivorship ownership, trust or another nonprobate arrangement may pass outside the will-and-intestacy system.

What does a surviving spouse inherit?

Under 20 Pa.C.S. § 2102, the surviving spouse’s intestate share depends on the family structure:

• If the decedent leaves no surviving descendants and no surviving parent, the spouse generally receives the entire intestate estate.
• If there are no surviving descendants but one or both parents survive, the spouse generally receives the first $30,000 plus one-half of the balance.
• If all surviving descendants are also descendants of the surviving spouse, the spouse generally receives the first $30,000 plus one-half of the balance.
• If at least one surviving descendant is not also a descendant of the surviving spouse, the spouse generally receives one-half of the intestate estate.

Who inherits the rest of the estate?

Section 2103 establishes the order for the portion not passing to a surviving spouse, or the entire intestate estate if there is no surviving spouse. The statute generally gives priority to descendants, then parents, then siblings or their descendants, followed by more remote family lines described in the statute.

Do stepchildren automatically inherit?

Not merely because of the stepparent relationship. Intestate rights depend on the legal family relationship recognized by Pennsylvania law. Adoption and parentage issues can therefore materially affect the analysis.

Does a spouse always qualify as a surviving spouse?

No. Pennsylvania law contains provisions that can affect or forfeit a spouse’s intestate rights in particular circumstances. Marital status, divorce proceedings, abandonment and other statutory issues may require separate review.

What about jointly owned accounts or real estate?

Jointly owned property may pass outside the intestate estate depending on the form of title and applicable law. Before calculating intestate shares, the personal representative should identify which assets are actually probate assets and which pass by survivorship, beneficiary designation, trust or another mechanism.

Who administers the estate when there is no will?

When there is no executor named in a valid will, the Register of Wills may grant letters of administration to a person entitled to serve under Pennsylvania law. The administrator then has responsibility for collecting estate assets, addressing debts and taxes, and distributing the net estate to the proper heirs.

Frequently Asked Questions About Pennsylvania Intestacy

Does the oldest child receive more?

No. Pennsylvania intestacy does not generally give a larger share to the oldest child simply because of birth order.

Can family members agree to divide the estate differently?

Heirs may sometimes enter agreements affecting distributions, but the administrator still must identify the legal heirs and properly administer the estate. Tax, creditor and fiduciary issues should be considered before changing the statutory distribution.

What if a child died before the decedent?

Pennsylvania’s rules of succession address representation through descendants. The result depends on the family tree and the statutory rules applicable to the deceased descendant’s line.

Related Pennsylvania Estate Resources

• How Long Does Probate Take in Pennsylvania?
• Pennsylvania Spousal Elective Share
• Pennsylvania Inheritance Tax

Talk with a Pennsylvania estate attorney

ZwickLaw assists administrators, executors, heirs and beneficiaries with Pennsylvania probate and estate administration. Learn more about C.J. Zwick or contact ZwickLaw.

This article provides general information and is not legal advice. Intestate shares depend on the decedent’s family relationships, asset ownership and current Pennsylvania law.