Pennsylvania: Surviving Spouse Rights When a Spouse Dies Without a Will

Short overview: When someone dies without a will (intestate) in Pennsylvania, state law determines who inherits and who makes decisions for the estate. As a surviving spouse you usually have strong legal rights: (1) a statutory share of the estate, (2) priority to serve as the estate’s personal representative (administrator), and (3) certain immediate protections (family allowance, exempt property, and rights to possession of some property). If family members are excluding you from decisions, you can ask the Register of Wills or a court for relief.

How Pennsylvania law decides what the spouse inherits

Pennsylvania’s intestacy rules spell out how an estate is divided when there is no will. The key statute describing the spouse’s share is 20 Pa.C.S. § 2103. Under those rules, your exact share depends on who else survived the decedent:

• If the decedent left a surviving spouse and no surviving children or parents, the spouse receives the entire intestate estate.
• If the decedent left a surviving spouse and surviving children who are all also children of the surviving spouse (all common children), the spouse receives the entire intestate estate.
• If the decedent left a surviving spouse and surviving children who are not all also children of the surviving spouse (for example, children from another relationship), the spouse’s share is different: the spouse receives a statutory portion while the decedent’s non-spouse children receive the remainder.
• If the decedent left a surviving spouse and surviving parents but no children, the spouse receives a statutory portion and the parents may share the remainder.

For the exact statutory language, see 20 Pa.C.S. § 2103: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=21&sctn=2103. You can review the full Chapter on Descents and Distributions here: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=21.

Right to serve as personal representative (administrator)

When there is no will, the court appoints an administrator to handle the estate. Surviving spouses are generally first in line to be appointed. To obtain appointment you must petition the Register of Wills in the county where the decedent lived. Appointment gives you the authority to collect assets, pay debts, and distribute property according to law. If family members are taking control of assets or making decisions without court authority, you can ask the Register of Wills or the Orphans’ Court to appoint you and to stop unauthorized action.

General information about probate and the role of the Register of Wills in Pennsylvania is available from the Pennsylvania Unified Judicial System: https://www.pacourts.us/learn-about-the-law/probate.

Immediate protections and other statutory rights

• Family allowance and exempt personal property: Pennsylvania law provides limited immediate support to a surviving spouse and minor children so they have funds and basic household items while the estate is being administered. These are prioritized over most creditor claims.
• Possession of certain property: In many cases the spouse can seek lawful possession of household goods and the decedent’s personal effects while the estate is administered.
• Homestead and residential protections: Depending on the circumstances, the surviving spouse may have protections with respect to the family home or homestead rights.

Because dollar amounts, priority rules, and precise protections can be technical and sometimes county-specific, check the Register of Wills in the county where the decedent lived or consult the statutes and court rules applicable in your county.

What to do if family members are cutting you out of decisions

1. Document what is happening. Keep records of who is controlling bank accounts, who is preventing you from accessing items, and any communications (texts, emails, letters).
2. Obtain several certified copies of the death certificate (the Register of Wills or county health department issues these). Many institutions require an official death certificate before changing account access or ownership.
3. File a petition with the county Register of Wills to be appointed administrator (letters of administration) if no one has been appointed. If someone else is acting without authority, ask the court to revoke or to require an accounting.
4. If assets are being dissipated or you are being excluded from necessary decisions, you can ask the court for emergency relief (temporary appointment or injunction) to protect the estate and preserve assets.
5. If the family disputes paternity, parentage, or whether certain children are the decedent’s children, these issues may affect distribution and may require additional court proceedings.

How disputes are resolved

Disputes about who should control an estate, who gets what, or whether certain transfers are valid are decided in Orphans’ Court (the probate court) in the county where the decedent lived. The court will follow the statutory rules for intestacy and resolve contested appointment petitions, claims against the estate, and challenges to transfers or transactions that happened after death.

When to get legal help

If the decedent’s family is taking steps that could remove assets from the estate, hide assets, or stop you from getting your statutory share, seek legal help promptly. An attorney can help you file for appointment as administrator, request temporary relief from the court, and enforce your statutory rights. If immediate harm is happening (for example, bank accounts being emptied), you may have grounds to request urgent court action.

Disclaimer: This article provides general information about Pennsylvania law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Pennsylvania attorney.