Detailed Answer
If your mother died without a will in Pennsylvania, her estate passes under Pennsylvania’s intestacy (no‑will) rules. Intestate succession determines who inherits, and the probate process (handled by the Register of Wills and Orphans’ Court in the county where she lived) handles administration, creditor claims, and final distribution.
Key legal framework: Pennsylvania’s intestate succession rules are in Title 20 of the Pennsylvania Consolidated Statutes (see Title 20, Chapter 21). For the full text, see the Pennsylvania General Assembly’s site: 20 Pa.C.S. Chapter 21 — Intestate Succession. For local probate procedures, see the Pennsylvania Courts’ Register of Wills overview: Register of Wills (Pennsylvania Courts).
Steps to claim your share:
- Confirm intestacy and identify heirs. If there is no valid will, the estate is intestate. Heirs are determined by statute (spouse, children, parents, siblings, etc.). Confirm your legal relationship with the decedent using birth, marriage, or adoption records.
- Locate assets and important documents. Make a list of bank accounts, real estate, life insurance, retirement accounts, motor vehicles, and safe‑deposit boxes. Collect the death certificate (multiple certified copies are usually necessary), titles, account statements, and any documents showing joint ownership or beneficiary designations.
- Contact the Register of Wills in the county where your mother lived. The Register of Wills opens probate and appoints an administrator (the person authorized to manage the estate when there is no executor). Typically a surviving spouse has priority to serve as administrator, then adult children and other next of kin. The Register of Wills will explain filing requirements and local fees.
- File for letters of administration (appointment as administrator). To lawfully collect and distribute assets, someone must be appointed administrator and receive Letters of Administration from the Register of Wills. The petition requires basic estate information and a list of heirs. If multiple people seek appointment, the court resolves priority disputes.
- Notify banks, insurers, and known creditors; publish required notices. The administrator provides the death certificate to institutions, freezes accounts if appropriate, and follows notice rules for creditors. Pennsylvania procedures require the administrator to give public notice so creditors can present claims. The Register of Wills/Orphans’ Court will provide local deadlines and procedures.
- Inventory, pay debts and taxes, then petition for distribution. The administrator inventories estate assets, pays valid debts and funeral expenses, and files required inventories and accountings with the court. After creditor claims and taxes are resolved, the administrator petitions the court to distribute the remaining estate to heirs under Pennsylvania intestacy rules.
- Receive your share according to statutory shares. The Orphans’ Court approves distribution based on the statutory order of inheritance. If you are an eligible heir and the court approves the distribution, you will receive your share either directly from the administrator or via court order.
Common variations you may encounter
- If a surviving spouse exists, the spouse often receives a priority share; children may share the remainder. Exact shares depend on who survives (spouse alone, spouse plus children, children only, etc.). See the statute for the specific priorities: 20 Pa.C.S. Chapter 21.
- Assets with named beneficiaries (life insurance, IRAs, 401(k)s) generally pass to the named beneficiary outside probate. Jointly owned property may pass by right of survivorship. Those transfers reduce the probate estate and change what is distributed through intestacy.
- Small estates: some counties offer simplified procedures when estate assets are limited. Check the local Register of Wills for small‑estate affidavits or simplified filings.
Helpful Hints
- Start by ordering several certified death certificates from the county Register of Wills or vital records office — banks and title companies require them.
- Gather proof of relationship: your birth certificate, the decedent’s birth certificate, marriage certificate, or adoption papers when needed to prove heirship.
- Do not move, sell, or transfer property without court authority or written agreement from all heirs. Improper transfers can create personal liability.
- Locate beneficiary designations on retirement accounts and insurance—these override intestacy for those specific assets.
- Contact the Register of Wills in the county where your mother lived as early as possible. They can provide local forms, fee schedules, and filing steps.
- Keep careful records of all estate transactions and communications with creditors and institutions; you will likely need to file inventories and accountings with the court.
- If heirs disagree or disputes arise, the Orphans’ Court (probate court) resolves contested matters. Consider mediation before litigation when possible.
- Consult a probate/estate attorney for complicated estates, disputes among heirs, substantial assets, or tax issues. An attorney can help speed administration and avoid costly mistakes.
Resources and Statutes
- Text of Pennsylvania intestate succession statutes: 20 Pa.C.S. Chapter 21 — Intestate Succession
- Pennsylvania Courts — Register of Wills and Orphans’ Court information: Register of Wills (Pennsylvania Courts)