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Dying Without a Will in Pennsylvania

What happens if I die without having a PA will? What happens if I have a will and it does not
dispose all of my property? Will the Commonwealth of Pennsylvania get everything? These
are common questions, and this article will hopefully clear up some common misconceptions.
A person who dies without a will in PA is said to have died “intestate.” When this occurs, a
common misconception is that the state will take everything. However, in most cases, this is
untrue.

The Commonwealth of Pennsylvania has survived by his or her spouse and one or
developed a set of laws which guide the both parents, but had no surviving
disposition of a person’s property if he or she children, the surviving spouse would be
dies intestate or if all his or her property is entitled to the first $30,000.00 of the
not disposed of by a will. These laws are estate, plus one-half of the remaining
commonly referred to as the law of Intestate estate, if any. The decedent’s parents’
Succession in PA, and they can be found at 20 share is dependent on other factors
Pa.C.S.A. § 2101 et seq. These laws spell out discussed below.
who gets what in these situations. In general,
whether a person can be an heir depends on • Surviving children. If the decedent was
his or her relationship to the deceased. survived by his or her spouse and had
surviving children, all of whom were also
The Pennsylvania laws of Intestate the surviving spouse’s children, the
Succession are designed to protect and surviving spouse will receive the first
provide for the surviving spouse and children $30,000.00 of the estate, plus one-half of
of the decedent. Pennsylvania wants to assure the remaining estate, if any. However, if
that these individuals are provided for in the the decedent was survived by his or her
event of the untimely demise of a loved one. spouse and had surviving children, at
In addition to the surviving spouse and least one of whom was not also the
children, the law may also provide an surviving spouse’s child, the surviving
inheritance for the decedent’s parents, spouse will only receive one-half of the
siblings, aunts, uncles, and their children and estate. Under these circumstances, the
grandchildren. surviving spouse would not be entitled to
the first $30,000.00. The reason for the
So how does this law work? As complicated difference in these two scenarios is that
as the concept may seem, the law is laid out the law presumes that the surviving
quite simply. If the decedent is survived by a spouse will care and provide for children
spouse, the amount he or she will receive of his or her own, but does not make the
varies depending on which other relatives of same presumption for children that are
the decedent also survive. The law controlling not his or hers. Regardless of how the
what portion of the decedent’s estate the child was treated by the surviving spouse
surviving spouse receives can be found at 20 during the decedent’s lifetime, the
Pa.C.S.A. § 2102. It can be summarized as legislature did not want to take the chance
follows: that that child would not be provided for
after the decedent’s death.
• No surviving children. If the decedent was
survived by his or her spouse and had no What if there is no surviving spouse? What
surviving children or parents, the about the portion of the estate that is not going to
surviving spouse receives the decedent’s the surviving spouse? The laws of Intestate
entire estate. However, if the decedent was Succession at 20 Pa.C.S.A. § 2103, provide for
the share of the estate, if any, that is not going to
the surviving spouse or which passes if there is 6. The Commonwealth. If no one mentioned
no surviving spouse. This section of the statute above survives the decedent, then the
regulates the passing of the remaining share. Commonwealth of Pennsylvania collects.

1. Children. First, to the children of the It is important to recognize that there are many
decedent. different scenarios that can take place when
distributing an intestate estate in PA. The law of
2. Parents. If no children survive the Intestate Succession at 20 Pa.C.S.A. § 2104
decedent, the decedent’s parents share the provides for two methods of distribution, and
estate equally; if only one parent survives, which method is used depends on the degree of
the surviving parent takes the entire the relationship of the survivors.
estate. Recall that, if the decedent was
survived by a spouse, the spouse will take There is per stirpes distribution, which is used
the first $30,000.00 and one-half of the when the decedent’s ancestors are not all in the
remaining estate. So, in the event there is same degree of relationship,.
a surviving parent of the decedent, the
surviving spouse will get $30,000.00 plus And there is per capita distribution, which is used
half the remaining estate and the when all ancestors are in an equal degree of
surviving parent will receive the other relationship. The confusion that is created in this
one-half of the remaining estate. If both area is why it is important to sit down with an
parents survive the decedent, they will attorney to discuss the specifics of the family’s
share the remaining one-half. relationships in the event that a loved one passes
on without a will.
3. Brother, Sister, or their Children. If no
children and no parents survive the It should be noted that before the decedent’s
decedent, then the estate will be estate is distributed, the decedent’s debts, taxes,
distributed to the children of the funeral expenses, and the expenses of
decedent’s parents (the decedent’s siblings administration are paid first, just like in PA
and Brother, Sister, or their Children. If estates where there is a will.
no children and no parents survive the
decedent, then the estate will be What remains is what makes up the decedent’s
distributed to the children of the distributable estate. It should also be noted that
decedent’s parents (the decedent’s siblings so-called “will substitutes” such as joint tenancy
and their children). property, life insurance payable to beneficiaries
other than the estate, bank accounts payable on
4. Grandparents. If no siblings survive the death to specified individuals, etc., will pass in
decedent, then the grandparents of the accordance with their terms and will not be part
decedent shall receive, one-half to the of the decedent’s estate to be distributed by the
paternal grandparents and one-half to the laws of Intestate Succession.
maternal grandparents, and their
children. Needless to say, one can achieve a great peace of
mind by having a will professionally drafted.
This will allow one to know exactly who will
5. Uncles, Aunts, and their Children and receive what without worrying about the laws of
Grandchildren. If no grandparents intestacy and with the added benefit of being
survive the decedent, the estate is able to designate an executor to handle the
distributed to the decedent’s uncles, administration of the estate. However, in the
aunts, and their children and event that a person dies without a will in
grandchildren. Pennsylvania, rest assured that the
Commonwealth, in most cases, does not get
This report is a publication of Penn State University and distributed by Stephen Garrett CLU, ChFC, LUTCF. 888.289.6445
everything!

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