Timothy F. Rayne, Esquire

Pennsylvania law dictates that if a person dies without a will, the surviving family is the main beneficiary of the estate-not the state.

Most people do not know what will happen to their assets in the event that they die without a will. Many think that the property will automatically go to their spouse or children. Others believe that the assets go to the state. In reality, the state of Pennsylvania has a detailed statute that indicates how an "intestate estate" (i.e., an estate not disposed of by a will) will be distributed. The following are the general rules.

What is the share of the surviving spouse?
The surviving spouse, if any, receives the following:

• If there are no surviving children or parents, the entire estate;
• If there are no surviving children but there are surviving parents, the first $30,000 plus one-half of the balance of the estate;
• If there are surviving children, all of whom are children of the surviving spouse, the first $30,000 plus one-half of the balance of the estate; and
• If there are surviving children of the decedent, one or more of who are not the children of the surviving spouse, one-half of the intestate estate.

What are the shares to persons other than the
surviving spouse?
The share of the estate that the surviving spouse does not receive is distributed in the following order:

1. The children;
2. If there are no children, then to the parents;
3. If there are no parents, then to brothers and sisters or their children;
4. If there are no brothers, sisters, nieces, or nephews but at least one grandparent is living, then the estate passes to the grandparents, their children or grandchildren. One-half goes to the paternal grandparents or their children or grandchildren. The other half goes to the maternal grandparents or their children or grandchildren. If both of the paternal grandparents or both of the maternal grandparents are deceased leaving no children or grandchildren, then their half passes to the surviving grandparents, their children or grandchildren.
5. If no children, parents, brothers, sisters, nieces, nephews, or grandparents survive, then the estate passes to uncles, aunts, and their children and grandchildren.
6. If there are no relatives cited above, then the estate goes to the state of Pennsylvania.

Can a person's share of the estate be forfeited?
Under the following circumstances, a relative's share in the estate will be lost:

• Any person who fails to live for five days after the death of the person whose estate is being distributed forfeits his or her share;
• For one year or more prior to a spouse's death the other spouse has willfully neglected or refused to support the spouse who died or has willfully and maliciously deserted the spouse who died, his or her share is forfeited; or
• For one year or more prior to the child's death a parent has willfully neglected or failed to perform any duty of support owed to the minor child or has willfully deserted the minor child, the parent's share is forfeited.

How are children born out of wedlock
and adopted children treated?

Children Born Out of Wedlock
A child of the mother is automatically counted for purposes of the distribution of the mother's intestate estate. A child will be considered the child of the father when:

• The parents of the child born out of wedlock married;
• The father openly held the child to be his own and either lived with the child or supported the child; or
• There is clear and convincing evidence that the man was the father of the child, such as a court determination of paternity.

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