Dying Without a Will: The State Decides Who Gets Your Assets, Not You 

When a person dies without a will in Pennsylvania, their estate is distributed according to the state’s intestate succession laws. These laws determine the order of inheritance and how assets are allocated among surviving relatives. Understanding these rules is crucial for those navigating the probate process without a will. 

Intestate Succession Laws in Pennsylvania 

Intestate succession laws in Pennsylvania are designed to distribute a decedent’s assets to their closest relatives. The distribution process is governed by the Pennsylvania Probate, Estates and Fiduciaries Code. The primary goal is to ensure that the decedent’s property is passed on to their family members in a fair and orderly manner. 

Order of Inheritance 

1. Surviving Spouse: 

• If the decedent is survived by a spouse and no descendants or parents, the spouse inherits the entire estate. 

• If the decedent is survived by a spouse and descendants (all of whom are also descendants of the surviving spouse), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The descendants inherit the other half. 

• If the decedent is survived by a spouse and descendants (some of whom are not descendants of the surviving spouse), the spouse inherits one-half of the estate, and the descendants inherit the other half. 

• If the decedent is survived by a spouse and parents (but no descendants), the spouse inherits the first $30,000 of the estate, plus one-half of the remaining estate. The parents inherit the other half. 

2. Descendants: 

• If there is no surviving spouse, the entire estate is distributed to the decedent’s descendants, per stirpes. This means that the estate is divided equally among the decedent’s children, with the share of any deceased child passing to their own descendants. 

3. Parents: 

• If there are no surviving spouse or descendants, the estate is inherited by the decedent’s parents. 

4. Siblings and Their Descendants: 

• If there are no surviving spouse, descendants, or parents, the estate is distributed to the decedent’s siblings and their descendants. 

5. Grandparents and Their Descendants: 

• If none of the above relatives survive, the estate is divided equally between the paternal and maternal grandparents or their descendants. 

6. Commonwealth of Pennsylvania: 

• If no relatives can be found, the estate escheats to the Commonwealth of Pennsylvania. 

Legal Considerations 

• Adopted Children: Adopted children are treated as biological children for the purposes of intestate succession. 

• Half-Relatives: Half-relatives inherit as if they were whole relatives. 

• Posthumous Relatives: Relatives conceived before but born after the decedent’s death are considered in the distribution. 

• Advancements: Any property given to an heir during the decedent’s lifetime may be considered an advancement against their share of the estate, reducing their inheritance accordingly. 

Conclusion 

Understanding Pennsylvania’s intestate succession laws is essential for those dealing with the estate of a loved one who died without a will. These laws ensure that the decedent’s assets are distributed to their closest relatives in a structured manner. For those seeking to avoid intestate succession, creating a will is a proactive step to ensure that one’s wishes are honored after death. Legal advice from an estate planning attorney can provide further guidance tailored to individual circumstances.