The Short Answer

In Pennsylvania, “next of kin” usually means the people who would inherit under the state’s intestate succession laws (the default rules when there is no valid will controlling that property). For a deceased spouse, the surviving spouse is often first in line, but the final answer depends on whether the decedent had children (and whether they are also the surviving spouse’s children), and whether there are living parents or other relatives.

What Pennsylvania Law Says

Pennsylvania determines “who counts” as family for inheritance purposes by looking at the statutory order of heirs. If there is a surviving spouse, Pennsylvania law sets the spouse’s share first, and then the remaining share (if any) goes to other relatives in a specific order (children/“issue,” then parents, then siblings and beyond). Separate from inheritance, the phrase “next of kin” can also appear in documents (like deeds or beneficiary designations), and Pennsylvania has rules for interpreting that language by tying it back to intestate heirs.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 6114.

This statute establishes that when a document uses terms like “heirs” or “next of kin,” it generally means the people (including a spouse) who would take under Pennsylvania’s intestate succession laws at the time the class is determined.

For the underlying intestate succession order and spouse’s share, see: 20 Pa.C.S. § 2102 (share of surviving spouse) and 20 Pa.C.S. § 2103 (order of succession for others).

If you’re trying to understand how these rules apply to a spouse’s estate, you may also find it helpful to read: How Do I Transfer a Deceased Spouse’s Property Without a Will in Pennsylvania?

Why You Should Speak with an Attorney

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

• Strict deadlines: In probate administration, timing can affect creditor issues, family rights, and whether someone else seeks appointment to administer the estate. Waiting too long can create avoidable disputes and expense.
• Burden of proof: Determining “issue” (children/descendants), marital status, and whether someone legally qualifies as an heir can require documentation (marriage records, birth records, adoption/paternity issues, prior divorces, etc.).
• Exceptions and non-probate assets: Not everything passes by “next of kin.” Some assets pass by beneficiary designation or survivorship, and the intestate rules may apply only to what is actually part of the probate estate under 20 Pa.C.S. § 2101.

Trying to handle “next of kin” questions without counsel can lead to the wrong people being notified, delays in getting authority from the Register of Wills, or disputes that turn into litigation.

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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.