How children succeed to an estate in Pennsylvania when there is no will

Short answer: If a person dies without a will in Pennsylvania, surviving children inherit the decedent’s estate in equal shares by right of representation. If a child predeceases the decedent, that child’s own descendants (the decedent’s grandchildren) generally take the deceased child’s share. For the governing statutory rules, see the Pennsylvania intestacy statute, Title 20 of the Pennsylvania Consolidated Statutes (see, e.g., 20 Pa.C.S. § 2102).

Detailed answer — step‑by‑step explanation

1. Basic rule: children inherit equally (with representation)

Pennsylvania’s intestacy rules set the order in which close relatives inherit when someone dies without a will. When the decedent is survived by one or more children and no surviving spouse claims a share that limits the children’s portion, the decedent’s estate passes to those children.

Distribution among children uses the right of representation: the estate is divided into shares corresponding to the decedent’s living children’s lines. A living child takes his or her share outright. If a child died before the decedent but left children (the decedent’s grandchildren), those grandchildren step into (represent) their parent’s share and divide it among themselves.

Example (hypothetical): Sarah dies intestate and is survived by three children: Alice (alive), Ben (predeceased, survived by two children), and Carla (alive). The estate is divided into three equal parts — one share for each of Sarah’s three children’s lines. Alice gets one third. Carla gets one third. The two grandchildren from Ben split Ben’s one‑third share (so each grandchild receives one‑sixth of the total estate).

2. What if all of a deceased child’s descendants are also dead?

If a child predeceases the decedent and left no surviving descendants, that child’s share lapses and the remaining shares are reallocated according to the statute. The result depends on which descendants remain; the statute maps out distribution by degree of relationship.

3. Adopted children and children born out of wedlock

Legally adopted children are treated like biological children for inheritance purposes. The estate rights of children born outside marriage depend on legal parentage—if a parentage finding or other legal recognition exists, that child is included as an heir. Issues of parentage can affect who qualifies as a child under the intestacy rules.

4. Interaction with a surviving spouse

If a decedent leaves both a surviving spouse and one or more children, Pennsylvania law specifies how to split the estate between the spouse and the children. The precise share for the spouse can depend on whether the children are also children of the surviving spouse. These rules are part of the intestacy statute (see 20 Pa.C.S. § 2102 and related provisions).

5. Who becomes the personal representative (administrator)?

Administration of an intestate estate requires a personal representative (often called an administrator) appointed by the Register of Wills or Orphans’ Court. Pennsylvania gives priority to certain persons when appointing an administrator—commonly the surviving spouse or an adult child. Heirs often agree and nominate one of their number to serve, but if heirs disagree the court will decide who is best suited. The personal representative gathers assets, pays debts and taxes, and distributes the estate to the heirs according to intestacy rules.

6. Timing and steps to settle an intestate estate

1. Locate and secure the decedent’s assets (bank accounts, safe deposit boxes, titles).
2. Identify heirs and gather proof of relationship (birth certificates, adoption papers).
3. File a petition for administration with the county Register of Wills / Orphans’ Court in the county where the decedent lived.
4. Obtain appointment of a personal representative and letters of administration.
5. Inventory assets, notify creditors, pay valid debts and taxes.
6. Distribute remaining property to heirs according to intestacy law.

Key Pennsylvania statutory sources

• Order and rules of intestate succession: 20 Pa.C.S. § 2102 (see Title 20, Pennsylvania Consolidated Statutes) — general distribution rules: https://www.legis.state.pa.us/ (see 20 Pa.C.S. § 2102).
• Additional definitions and related provisions governing intestacy and representation are in Title 20 of the Pennsylvania Consolidated Statutes; consult the full chapter for details: https://www.legis.state.pa.us/.

Helpful hints

• Get certified documents: birth, death, adoption, and marriage certificates help prove who the heirs are.
• Check for a will carefully before starting intestacy proceedings—sometimes a valid will exists but is misplaced.
• If a child predeceased the decedent, collect documentation showing the child’s children (the decedent’s grandchildren) to establish representation rights.
• Speak with the local Register of Wills or county Orphans’ Court clerk early — they can explain filing procedures and required forms for your county.
• Disputes about who counts as an heir (questions of paternity, adoption, or legitimacy) can delay administration. Consider early legal help if parentage is unclear.
• Even for relatively small estates, talk to an attorney if family relationships are complex or if creditors, taxes, or real estate are involved.
• Keep heirs informed and try to reach agreement on who will serve as administrator to minimize court battles and costs.

Disclaimer: This article explains general rules about intestate succession in Pennsylvania and is for educational purposes only. It is not legal advice. For advice about a specific case, contact a licensed Pennsylvania attorney or the county Register of Wills.