How are real property and personal assets identified, inventoried, and distributed under intestacy law in Pennsylvania?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney licensed in Pennsylvania for advice on your specific situation.

Detailed Answer

When someone dies without a will (intestate) in Pennsylvania, the court appoints an administrator to handle the estate. The administrator must identify, inventory, and distribute both real and personal property under the intestacy laws found in Title 20 of the Pennsylvania Consolidated Statutes, Chapter 21 (20 Pa.C.S. § 2101 et seq.).

1. Identification of Assets

The administrator locates all assets owned by the decedent at death. They review deeds, vehicle registrations, bank and brokerage statements, retirement account records, and insurance policies. They check county land records for real property and search online databases for personal property like vehicles.

2. Inventory and Appraisement

Under the Pennsylvania Orphans’ Court Rules, the administrator must file an inventory and appraisement within three months of appointment. See Pa. O.C.R. 3.4. The inventory lists all assets and their values as of the date of death. An appraiser or qualified professional often sets fair market values.

3. Payment of Debts and Expenses

The estate pays funeral costs, administrative expenses, and valid creditor claims before distributions. Pennsylvania law gives priority to certain claims under 20 Pa.C.S. §§ 3101–3104.

4. Distribution of Assets

Pennsylvania intestacy statutes dictate the order of distribution:

  • If the decedent leaves a surviving spouse and no children, the spouse receives the entire estate. See 20 Pa.C.S. § 2103.
  • If the decedent leaves a spouse and children, the spouse receives the first $30,000 plus half of the balance. The rest goes to the children. See 20 Pa.C.S. § 2103.
  • If no spouse survives, the estate passes entirely to children or their descendants under 20 Pa.C.S. § 2104.
  • In the absence of spouse, descendants, parents, or siblings, more distant relatives may inherit under 20 Pa.C.S. § 2105.
  • If no heirs qualify, the estate escheats to the Commonwealth under 20 Pa.C.S. § 2999.

Helpful Hints

  • Run a property and business name search in county records.
  • Check digital accounts and membership portals for hidden assets.
  • Gather recent tax returns to identify income sources.
  • Hire a professional appraiser for real estate valuations.
  • File timely inventories with the Register of Wills to avoid penalties.
  • Consult an estate attorney to navigate complex family dynamics.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.