The Short Answer

If your parent died without a will in Pennsylvania, their “probate” property generally passes to heirs under Pennsylvania’s intestate succession laws, and someone (often a close family member) typically must be appointed to administer the estate. The right next step is usually to confirm what property is actually part of the probate estate and who the legal heirs are under Pennsylvania law.

What Pennsylvania Law Says

When there is no valid will (or when a will does not dispose of all assets), Pennsylvania law directs who inherits and in what shares. In many families, the key questions are whether there is a surviving spouse, whether there are children (issue), and whether any assets pass outside probate (like jointly owned property or accounts with named beneficiaries).

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2101.

This statute establishes that any part of a decedent’s estate not effectively disposed of by will (or otherwise) passes to the decedent’s heirs under Pennsylvania’s intestate succession rules.

In addition, Pennsylvania sets out how shares are divided between a surviving spouse, children, and other relatives. For example, the surviving spouse’s share depends on whether the decedent is survived by children or parents. See 20 Pa.C.S. § 2102 (share of surviving spouse) and 20 Pa.C.S. § 2103 (order of succession for other heirs).

Why You Should Speak with an Attorney

While the statutes provide the general inheritance rules, applying them to your family’s situation is rarely simple. Legal outcomes often depend on:

• Strict Rules About Who Inherits and in What Shares: The spouse/children/parents split can change significantly depending on who survived the decedent and family structure. See, e.g., 20 Pa.C.S. § 2102 and 20 Pa.C.S. § 2103.
• Burden of Proof and Documentation: Heirship, family relationships, and asset ownership often must be proven with records (and disputes can arise quickly when there is no will).
• Non-Probate vs. Probate Assets: Some property may pass automatically (for example, certain jointly held property), while other assets must go through estate administration—misclassifying assets can cause delays, tax issues, or conflict.

Trying to handle an intestate estate alone can lead to avoidable delays, family conflict, or mistakes that create personal liability for the person administering the estate.

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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.