How does intestate succession divide assets between a surviving parent and children in North Carolina? - Pennsylvania
The Short Answer
Under Pennsylvania intestate succession law, a surviving parent generally does not share the estate with the decedent’s children. If the decedent has surviving children (called “issue”), the children inherit first; a surviving parent inherits only if there are no surviving children.
What Pennsylvania Law Says
Pennsylvania’s intestacy rules set a strict order of who inherits when there is no valid will. In most families, the key question is whether the decedent left a surviving spouse and/or surviving “issue” (children, and sometimes descendants of deceased children). If there is surviving issue, they take ahead of the decedent’s parents for the portion of the estate not going to a spouse.
If there is no surviving spouse, the estate goes to the decedent’s issue first. Only if the decedent left no issue does the estate pass to the decedent’s parent or parents.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 2103.
This statute establishes that, after accounting for any surviving spouse’s share (if applicable), intestate property passes first to the decedent’s issue, and only if there is no issue does it pass to the decedent’s parent(s).
For a deeper dive into common “no will” scenarios, you may also find helpful: What happens if my parent dies without a will in Pennsylvania? and intestate succession when there’s no spouse and children inherit.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict survival rules: Pennsylvania has a five-day survivorship requirement that can change who counts as an heir if someone dies close in time to the decedent. See 20 Pa.C.S. § 2104(10).
- Burden of proof: Disputes often arise over who qualifies as “issue” (for example, whether a person is legally recognized as a child for inheritance purposes), and the estate may require documentation and court findings before distributing assets.
- Exceptions and “non-probate” assets: Some property may pass outside intestacy (jointly titled property, beneficiary-designated accounts, etc.), and that can dramatically change what is actually available to be divided under intestate rules.
Trying to handle this alone can lead to avoidable conflict, delays, or a distribution that doesn’t match Pennsylvania law—especially when family members disagree about who should inherit and in what shares.
Get Connected with a Pennsylvania Attorney
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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.