Detailed Answer
When a person dies without a valid will, Pennsylvania’s intestacy statutes determine who inherits the estate. These rules—found in 20 Pa.C.S. §§ 2101–2107—create a hierarchy of heirs and divide assets accordingly. Below is an overview of how intestate succession works in Pennsylvania and the statute references you can review for more detail.
1. Spouse and Children Share (20 Pa.C.S. § 2102)
If the decedent is survived by a spouse and one or more descendants (children, grandchildren), the spouse inherits the first $30,000 plus one-half of the remaining estate, and the descendants split the other half equally. (See 20 Pa.C.S. § 2102 at legis.state.pa.us.)
2. Spouse Alone (20 Pa.C.S. § 2103)
If the decedent leaves a spouse but no surviving children or other descendants, the spouse inherits the entire estate. (See 20 Pa.C.S. § 2103 at legis.state.pa.us.)
3. Children Alone (20 Pa.C.S. § 2104)
If there is no surviving spouse but one or more descendants, the entire estate passes to the descendants in equal shares per stirpes (by branch). (See 20 Pa.C.S. § 2104 at legis.state.pa.us.)
4. Parents Only (20 Pa.C.S. § 2105)
If no spouse or descendants survive, the estate goes to the decedent’s parents equally (or to the surviving parent). (See 20 Pa.C.S. § 2105 at legis.state.pa.us.)
5. Siblings (20 Pa.C.S. § 2106)
If there are no spouse, descendants or parents, siblings inherit equally. Half-siblings share equally with full siblings. (See 20 Pa.C.S. § 2106 at legis.state.pa.us.)
6. More Remote Relatives and the Commonwealth (20 Pa.C.S. § 2107)
If none of the above relatives survive, the estate goes to grandparents, aunts, uncles, and their descendants. If no heirs exist, assets escheat to the Commonwealth of Pennsylvania. (See 20 Pa.C.S. § 2107 at legis.state.pa.us.)
Hypothetical Example
Imagine Jane dies without a will, leaving a $200,000 estate, a surviving spouse, and two children. Under § 2102, her spouse receives $30,000 plus one-half of the remaining $170,000 (i.e., $85,000), totaling $115,000. The two children equally split the other $85,000, each receiving $42,500.
Disclaimer: This article is for educational purposes and does not provide legal advice. Consult a qualified attorney to discuss how the law applies to your specific situation.
Helpful Hints
- Gather family tree information—know all potential heirs before filing.
- Review 20 Pa.C.S. §§ 2101–2107 to understand heir priority and shares.
- Collect asset values and debts to calculate net estate value.
- Consider a lawyer for complex estates or disputes among heirs.
- Act promptly—statutes of limitation may apply to inheritance claims.