The Short Answer

In Pennsylvania, if someone dies without a will, their children (and other “issue”) are first in line to inherit the estate (after any surviving spouse’s share, if applicable). For estate administration (who gets appointed as the administrator), the Register of Wills generally gives priority to the people entitled to inherit under intestate law—often the children—though the Register can choose the person who will best administer the estate.

What Pennsylvania Law Says

When there is no will, Pennsylvania’s intestacy statutes control who inherits and, in many cases, who has priority to serve as the estate’s administrator. “Children” are typically part of the decedent’s issue, and the law generally distributes the estate to the issue first, with representation rules applying if a child predeceased the decedent but left descendants.

If your question is really about who gets appointed (rather than who inherits), Pennsylvania law sets an order of preference for letters of administration. After the surviving spouse, the Register of Wills may appoint those entitled under intestate law (often the children), using discretion and generally giving preference based on the size of each person’s share.

For a deeper explanation of how shares can work among children in a common scenario, see: intestate succession in Pennsylvania with three children. If you’re focused on appointment, see: getting appointed as an estate administrator in Pennsylvania.

The Statute

The primary law governing inheritance by children when there is no will is 20 Pa.C.S. § 2103.

This statute establishes that, after any portion not passing to a surviving spouse (or if there is no surviving spouse), the estate passes first “to the issue of the decedent”—which generally includes the decedent’s children and, if a child has died, that child’s descendants.

The key distribution rule for how descendants take (equal shares vs. by representation) is addressed in 20 Pa.C.S. § 2104.

For administrator appointment priority (letters of administration), see 20 Pa.C.S. § 3155, which provides an ordered list and gives the Register of Wills discretion among intestate heirs, generally preferring larger-share heirs.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your family and assets is rarely simple. Legal outcomes often depend on:

• Strict Rules About Who Qualifies as “Issue”: Questions about adopted children, posthumous children, or whether a deceased child’s descendants take “by representation” can change the shares. (See 20 Pa.C.S. § 2104.)
• Administrator Selection and Family Conflict: Even when children are the primary heirs, the Register of Wills has discretion to appoint the person who will best administer the estate among intestate heirs, and disputes can lead to delays and litigation. (See 20 Pa.C.S. § 3155; also disputes over executor/administrator in Pennsylvania.)
• Non-Probate Assets and Hidden Pitfalls: Some assets (like jointly titled accounts or beneficiary-designated accounts) may pass outside the estate, which can affect what’s actually available for heirs and for paying debts and expenses.

Trying to handle an intestate estate without counsel can lead to avoidable disputes, missed opportunities to protect your interests, and costly delays—especially when multiple children want control or disagree about the estate.

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.