The Short Answer

In Pennsylvania, when someone dies without a will, the estate passes to heirs in a specific statutory order—starting with children (and their descendants), then parents, then siblings (and their descendants), and only then to more extended relatives like grandparents, aunts/uncles, and certain cousins. If only extended family remains, who inherits (and in what percentages) depends on the closest living relatives and whether any closer relatives left descendants who can take “by representation.”

What Pennsylvania Law Says

Pennsylvania’s intestate succession rules set a strict “family tree” priority. If there is no surviving spouse and no closer relatives (like children, parents, or siblings), the law moves outward to grandparents and then to aunts/uncles and certain descendants of aunts/uncles. Shares are not always split equally across everyone who claims to be family—Pennsylvania generally divides based on the closest degree of relationship, with some relatives taking through a deceased ancestor (often described as taking “by representation”).

For many families, the hard part is not the concept—it’s proving who the closest heirs are, confirming whether anyone is disqualified by survivorship rules, and determining whether more remote relatives are cut off by closer ones.

The Statute

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

This statute establishes the order of inheritance when there is no surviving spouse (or after the spouse’s share is accounted for): issue first, then parents, then siblings (and their issue), then grandparents (and their descendants), then aunts/uncles and certain descendants of aunts/uncles—otherwise the estate can ultimately pass to a qualifying community fund or the Commonwealth.

How the shares are divided within a class of relatives is addressed in 20 Pa.C.S. § 2104, including the “by representation” approach for certain family lines and limits on how far down the aunt/uncle line inheritance can go.

If you’re trying to understand how these rules apply to a family home titled solely in the decedent’s name, you may also find this helpful: How Do I Figure Out My Inheritance Rights to a Family Property in Pennsylvania?.

Why You Should Speak with an Attorney

While the statutes provide the framework, extended-family intestate estates are where disputes and title problems most often happen. Legal outcomes often depend on:

• Strict survivorship rules: Pennsylvania generally requires an heir to survive the decedent by five days, or they are treated as having predeceased for intestacy purposes. See 20 Pa.C.S. § 2104(10).
• Burden of proof (family tree and identity): With “extended family,” you often must prove relationships across multiple generations (birth records, death records, marriages/divorces, adoptions), and one missing link can derail a clean transfer of the home.
• Cutoffs and representation rules: Pennsylvania allows certain relatives to take by representation, but it also limits how far down the aunt/uncle line inheritance can go in some situations. See 20 Pa.C.S. § 2104(1). Getting this wrong can create competing claims and cloud title.

Because your facts involve a house (real estate) and potentially multiple relatives, it’s worth getting legal guidance early—especially if you need to sell the property, refinance, or clear title. For related reading, see Do I Need an Heirship Affidavit for an Estate in Pennsylvania? and What Happens If My Parent Dies Without a Will in Pennsylvania?.

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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.