The Short Answer

In Pennsylvania, stepchildren generally do not inherit under intestate succession (dying without a will) unless they were legally adopted by the stepparent (or another legal parent-child relationship applies). If there was no adoption and no valid will naming the stepchild, the estate typically passes to the decedent’s legal heirs (spouse, biological/adopted children, and other blood relatives) under Pennsylvania’s intestacy rules.

What Pennsylvania Law Says

Pennsylvania intestacy law distributes a person’s probate estate to their “heirs” in a specific order—starting with a surviving spouse and the decedent’s issue (generally, legal children and their descendants). Stepchildren are not automatically included in that class just because of a marriage relationship with the child’s parent.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2103.

This statute sets the order of succession for intestate estates (for example, to the decedent’s issue, then parents, then siblings/their issue, and so on), which typically excludes stepchildren unless they qualify as legal “issue.”

Adoption is one of the main ways a stepchild becomes a legal heir of a stepparent for inheritance purposes. Pennsylvania’s adoption/inheritance rule is addressed in 20 Pa.C.S. § 2108, which explains how an adopted person is treated for inheritance purposes.

If you want more background on how Pennsylvania intestacy works in general, you may also find this helpful: Do children or a surviving parent inherit first under intestate succession in Pennsylvania?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a real family situation can get complicated quickly—especially in blended families. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania intestacy can include survival requirements and timing rules that affect who qualifies as an heir and when shares are determined. For example, Pennsylvania law includes a five-day survival requirement for heirs in intestacy determinations. See 20 Pa.C.S. § 2104(10).
• Burden of Proof: If someone claims they should inherit as a “child” (or challenges someone else’s claim), the estate may require documentation—such as adoption records, proof of parentage, or other evidence establishing legal status.
• Exceptions and Overlapping Rights: Even when a stepchild is not an intestate heir, there may be other estate issues in play (non-probate transfers, beneficiary designations, disputes about what is or is not part of the estate, or family exemption issues). Sorting out what passes through probate versus outside probate is a common source of conflict.

Trying to handle this alone can lead to avoidable disputes, delays, or an incorrect distribution that triggers litigation. A probate attorney can quickly identify who legally qualifies as an heir and what options exist if a stepchild was intended to benefit but wasn’t formally included.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.