Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Pennsylvania attorney for advice tailored to your situation.
Detailed Answer
1. Understanding Intestate Succession in Pennsylvania
When someone dies without a will in Pennsylvania, Title 20 of the Pennsylvania Consolidated Statutes—Intestate Succession—governs distribution. Under 20 Pa.C.S. § 2103, the decedent’s surviving children inherit in equal shares. A minor child cannot directly manage or spend their share until reaching adulthood.
Statute reference: 20 Pa.C.S. Chapter 21 (Intestate Succession)
2. Court-Appointed Guardian of the Estate
The most common route is for the Orphans’ Court to appoint a guardian of the estate under 20 Pa.C.S. § 3511. The guardian holds, invests, and disburses the minor’s inheritance for the minor’s benefit. The court supervises the guardian, requires bond, and mandates regular accountings until the minor turns 18.
Statute reference: 20 Pa.C.S. Chapter 35 (Guardians and Protected Persons)
3. Uniform Transfers to Minors Act (UTMA) Custodianship
Pennsylvania’s UTMA allows a custodian to hold assets for a minor until age 21. If the decedent did not name a custodian, the court can appoint one under 20 Pa.C.S. § 5302. The custodian manages assets under a fiduciary duty and must use funds solely for the minor’s health, support, education, and maintenance.
Statute reference: 20 Pa.C.S. Chapter 53 (Uniform Transfers to Minors Act)
4. Blocked Accounts and Minor’s Compromise
The court can order the minor’s share deposited into a blocked bank account. The minor may withdraw only with court approval for specific needs (school, medical care, etc.). Additionally, any settlement of claims on the minor’s behalf often requires a minor’s compromise hearing to protect the minor’s interest.
5. Timing and Process
- Open probate and identify heirs.
- Petition the Orphans’ Court for appointment of a guardian of the estate or UTMA custodian.
- Provide notice to interested parties and post bond as required.
- File annual accountings or reports until the minor reaches the statutory age for distribution.
Helpful Hints
- Gather proof of the minor’s relationship (birth certificate, DNA test, etc.).
- File petitions promptly to minimize delays in managing the minor’s funds.
- Keep detailed records of all deposits, investments, and expenditures made on behalf of the minor.
- Review court rules for guardianship and UTMA in the county where the estate is probated.
- Consider drafting a will with trust provisions to avoid intestacy in the future.