Detailed Answer
Disclaimer: This information is not legal advice. Consult a qualified attorney for guidance on your specific circumstances.
1. Understanding Intestacy Under Pennsylvania Law
If a homeowner in Pennsylvania dies without a will, their estate transfers under state intestacy rules. The Intestate Succession Statutes (20 Pa.C.S. §§ 2101–2126) govern distribution of real property based on surviving relatives.
2. Appointment of an Administrator
Before heirs can claim title, the court must appoint an estate administrator. You begin by filing a petition in the local Orphans’ Court. Once the court issues letters of administration, the administrator gains authority to manage estate assets and convey property interests.
3. Determining Heir Shares
Pennsylvania law sets heir shares based on surviving family:
- If no surviving spouse but multiple children, each child inherits an equal share.
- If a surviving spouse and children exist, the spouse receives the first $30,000 plus half of the remaining estate; children split the balance (20 Pa.C.S. § 2103).
- If no spouse or children, property passes to parents or siblings in order of priority (20 Pa.C.S. § 2102).
4. Transferring Title to Multiple Heirs
After shares are determined, the administrator prepares a deed conveying each heir’s fractional interest. The deed must reference the court order and be recorded with the County Recorder of Deeds. Co-heirs hold the property as tenants in common, each with an undivided ownership interest.
5. Resolving Co-Ownership: Partition or Sale
Shared ownership can create practical challenges. Pennsylvania’s Partition of Real Estate Act (68 P.S. § 2901) allows heirs to seek a court-ordered partition or sale. The court may physically divide the land or order a sale and distribute proceeds according to ownership percentages.
Helpful Hints
- Contact the Orphans’ Court clerk to learn local filing requirements and fees.
- Obtain multiple certified copies of the death certificate for estate filings.
- Gather title insurance policies, surveys, and mortgage statements before probate.
- Discuss potential partition or buyout options early to minimize conflicts.
- Consider mediation or alternative dispute resolution if heirs disagree on decisions.