Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Pennsylvania probate attorney for guidance.
Detailed Answer
When someone dies without a valid will (intestate) in Pennsylvania, state law defines who inherits. Pennsylvania’s intestate succession rules appear in Title 20 of the Pennsylvania Consolidated Statutes, Chapters 21–23. Section 2102 sets the order of distribution: 20 Pa.C.S. § 2102.
- Surviving Spouse Only: If there’s a surviving spouse and no children (or their descendants), the spouse inherits the entire estate.
- Spouse Plus All Descendants Are the Spouse’s: If children (or grandchildren) are also descendants of the surviving spouse, the spouse still takes everything.
- Spouse and Other Descendants: If any descendant is not of the spouse, the spouse receives the first $30,000 plus half of the remaining estate; the rest goes to descendants per stirpes.
- No Spouse, With Descendants: Children and further descendants inherit equally by right of representation.
- No Spouse or Descendants, With Parents: Surviving parent(s) inherit equally.
- No Spouse, Descendants, or Parents, With Siblings: Full siblings and then half‐siblings (per 20 Pa.C.S. § 2107) inherit per stirpes.
- Further Kin: If none of the above survive, the estate goes to grandparents, then aunts/uncles (and their descendants), and so on.
To identify the intestate heirs of your father’s estate, follow these steps:
- Confirm his marital status at death by reviewing his marriage certificate or divorce decree.
- List all children, including adopted children (counted under 20 Pa.C.S. § 2103).
- Obtain certified birth, marriage, and death certificates from the Pennsylvania Department of Health or county vital records office.
- Identify surviving parents, then siblings and their descendants. Remember half‐blood siblings share inheritance rights.
- Build a pedigree chart showing each relative’s relationship to your father.
- Review county probate court records to see if any heir has filed a claim.
Helpful Hints
- Gather all vital records before starting probate.
- Use online databases (e.g., Pennsylvania e-Library) for genealogical searches.
- Order extra certified copies of critical documents.
- Consider hiring a professional genealogist if the family tree is complex.
- Meet with a local probate attorney to verify the heir list and file required court petitions.