Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When someone dies without a valid will in Pennsylvania, they die “intestate.” Pennsylvania’s intestate succession laws govern who receives that person’s assets. Under 20 Pa.C.S. § 2102(a)(1), if a decedent leaves no surviving spouse but is survived by descendants (for example, three children), those descendants inherit the entire estate.
Key steps and rules:
- Identify heirs: In our scenario, the decedent has three living children and no spouse. No other relatives share in the estate because children have priority under 20 Pa.C.S. § 2102(a)(1).
20 Pa.C.S. § 2102(a)(1) - Equal shares: Each child receives an equal share. If the estate is worth $300,000, each child would inherit $100,000 (subject to debts and expenses).
- Per stirpes distribution: If one of the three children predeceased the decedent but left children of their own, those grandchildren would collectively inherit that one child’s share.
- Appointment of an administrator: A family member or interested party must petition the Orphans’ Court or the Register of Wills to be appointed as administrator under 20 Pa.C.S. § 3101. The administrator collects assets, pays debts, and distributes the remainder to the heirs.
20 Pa.C.S. § 3101 - Probate process: Once appointed, the administrator files an Inventory and Account, notifies creditors, resolves claims, and petitions the court for distribution approval. After court approval, the estate assets transfer to the children.
Helpful Hints
- Gather family information: Compile birth certificates and family tree details to prove heirship.
- Estimate estate value: List real estate, bank accounts, investments, and personal property to calculate net value.
- Watch deadlines: File for administration promptly—Pennsylvania law sets time frames for opening an estate and notifying creditors.
- Consider mediation: If children dispute distribution or administration, mediation can resolve conflicts outside court.
- Consult an attorney: Although not required, an estate lawyer can guide you through complex administration steps.
- Keep records: Maintain copies of filings, notices, and court orders for future reference.