Can a Surviving Spouse Elect a Life Estate Instead of an Intestate Share?
Detailed Answer
In Pennsylvania, when a person dies without a will, the decedent’s estate passes by intestacy under 20 Pa.C.S. § 2102. A surviving spouse normally receives either the entire estate (if no descendants or parents survive) or $30,000 plus one‐half of the remainder (if there are descendants). Alternatively, a widow may elect to take a life estate (known as dower) in one-third of any real property the decedent owned in fee simple.
Intestate Share Under Pennsylvania Law
Under 20 Pa.C.S. § 2102, the surviving spouse’s share is:
- Entire estate if no surviving descendants or parents.
- $30,000 plus one-half of the balance if there are surviving descendants.
Dower Life Estate
Dower grants a widow a life estate in one-third of the decedent’s fee-simple real property. The share applies only to realty titled solely in the decedent’s name at death. It does not cover personal property.
How to Elect a Dower Life Estate
- Identify real property subject to dower.
- File a “Praecipe for Dower” in the Orphans’ Court division within nine months after grant of letters. See 20 Pa.C.S. § 2104.
- Serve notice on interested parties as required by Orphans’ Court rules.
- Obtain a court order declaring your life estate share.
Key Considerations
- The election is irrevocable. Once you choose dower, you forfeit your statutory share under intestacy.
- Dower applies only to real estate in the decedent’s sole name at death.
- If the estate holds encumbered property, your life estate interest remains subject to mortgages or liens.
- Appraisal may be needed to value the dower interest for tax and administration purposes.
- Time is critical: missing the nine-month window may bar your dower claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.