Detailed Answer
When a person dies without a valid will (intestate), Pennsylvania’s intestate succession laws determine how the estate passes to heirs. Under 20 Pa.C.S. § 2102(c), if the decedent leaves no surviving spouse, the entire estate passes in equal shares to the decedent’s descendants by representation.
Distribution Among Children
When there are two children and no spouse, the estate divides equally between them. Each child receives 50% of the net estate after debts, taxes, and expenses are paid. If one child predeceases the decedent but leaves descendants, that child’s share passes to his or her own children per 20 Pa.C.S. § 2103.
Personal Representative and Probate
A personal representative (administrator) files a petition with the Orphans’ Court in the county where the decedent lived. Pennsylvania law prescribes notice requirements, bond, and inventory rules for administrators (20 Pa.C.S. § 3102).
Example Scenario
Jane Doe dies owning a house valued at $300,000, $100,000 in bank accounts, and owes $50,000 in debts. She has two adult children and no spouse. After paying debts and expenses, assume $350,000 remains. Each child would inherit $175,000.
Helpful Hints
- Verify heirs: Gather birth certificates or other proof of relationship.
- Estimate debts and taxes: Account for estate tax or federal estate tax, if applicable.
- File probate promptly: Administrators must file within a year to limit creditor claims.
- Consider mediation: Siblings should communicate to avoid disputes.
- Seek professional help: An estate attorney can streamline administration.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.