If a person in Pennsylvania dies without a valid will (dying intestate), state laws determine how their assets are distributed. These intestate succession rules set up a specific order of heirs, which might differ from what the deceased person wanted or what their family expects. Knowing these laws is helpful if you’re handling the estate of someone who died without a will. This article explains how Pennsylvania’s intestate succession laws work.
Priority of Heirs
Surviving Spouse
A surviving spouse’s share of an estate depends on which other relatives are alive. If the deceased has no living children, grandchildren, or parents, the surviving spouse inherits the entire estate.
If the deceased has parents but no children or grandchildren, the spouse gets the first $30,000 from the estate, plus half of what remains.
If the deceased is survived by a spouse and children (or their descendants) who are all also children of the surviving spouse, the spouse receives the first $30,000 and half of the rest. However, if the deceased has children from another relationship, the surviving spouse receives half of the intestate estate, without the initial $30,000. These rules are found in Title 20, Section 2102 of the Pennsylvania Consolidated Statutes.1Pennsylvania General Assembly. Section 2102.0 – Share of Surviving Spouse
Children
If there is no surviving spouse, the deceased person’s children inherit the entire estate, divided equally. If a child of the deceased died before them but left their own children (the deceased’s grandchildren), the principle of per stirpes, or by representation, applies.
This means the deceased child’s share is distributed equally among their children. For instance, if someone had three children, and one died before them leaving two children, the estate would be split into three main shares. The two living children would each get one-third, and the two grandchildren would share the deceased child’s one-third. Descendants must survive the deceased by five days to inherit, according to Title 20, Section 2104.2Pennsylvania General Assembly. Section 2104.0 – Rules of Succession
Extended Family
If a person dies with no surviving spouse, children, or grandchildren, Pennsylvania law identifies other relatives to inherit. The deceased’s parents are next, inheriting equally if both are alive, or the entire share goes to the surviving parent. If there are no surviving parents, the estate goes to the deceased’s siblings and their descendants (like nieces and nephews, by representation).
If there are no spouse, descendants, parents, or siblings (or their descendants), the estate passes to the deceased’s grandparents, divided between paternal and maternal lines. If no grandparents or their descendants survive, the estate goes to aunts, uncles, and their children and grandchildren. If no such family members are found, the estate goes to the Commonwealth of Pennsylvania.3Pennsylvania General Assembly. Chapter 21 – Intestate Succession
Probate Court Steps
Settling an intestate estate in Pennsylvania involves a court-supervised process called probate, handled by the Register of Wills in the county where the deceased lived. The process starts by filing a Petition for Grant of Letters of Administration, which formally allows someone to manage the estate.4Unified Judicial System of Pennsylvania. Petition for Grant of Letters
After Letters are granted, the administrator must create an Inventory of all the deceased’s assets, like real estate, bank accounts, and personal property. This Inventory, listing assets and their values, must be filed with the Register of Wills within nine months of death, as per 20 Pa.C.S. Section 3301.5Justia Law. 20 Pennsylvania Consolidated Statutes § 3301 (2020) – Duty of Personal Representative
The administrator then pays the deceased’s debts and estate administration costs. The Pennsylvania Inheritance Tax Return must be filed with the Department of Revenue within nine months of death, and any tax owed must be paid.6Pennsylvania Department of Revenue. What Are the Filing Requirements for Inheritance Tax?
Once debts and taxes are paid, the remaining assets can be distributed. The administrator may file an Account with the Orphans’ Court, showing all transactions and the planned distribution. If approved, the court issues a Decree of Distribution, authorizing asset transfer.
Role of the Personal Representative
The person appointed to manage an intestate estate in Pennsylvania is called an administrator. The Register of Wills issues Letters of Administration, giving this person legal authority. Selection follows a legal order, often starting with the surviving spouse, then other heirs, or creditors, as outlined in 20 Pa.C.S. Section 3155.7Pennsylvania General Assembly. Section 3155.0 – Persons Entitled to Letters of Administration
The administrator must act in the estate’s best interests with reasonable care. This includes finding, collecting, and protecting all the deceased’s assets, and spending funds as needed to maintain estate property, following 20 Pa.C.S. Section 3311.8Pennsylvania General Assembly. Section 3311.0 – Possession of Real and Personal Estate; Exception
Duties also involve managing estate finances, notifying creditors, handling debts, and filing tax returns. The administrator must keep detailed records of all transactions. Sometimes, an administrator must post a bond (an insurance policy against mismanagement), though this can be waived.
Distribution of Real and Personal Property
Once court processes are complete and the administrator’s tasks are done, the deceased’s property is distributed based on intestate succession laws. These rules only apply to assets in the probate estate. Property like jointly owned assets with survivorship rights or accounts with named beneficiaries often pass directly outside of probate.
Pennsylvania law allows for distribution in kind, meaning heirs can receive actual property instead of cash, if appropriate (20 Pa.C.S. Section 3534).
Distributing real estate requires formal steps to transfer ownership. After the Orphans’ Court approves the final distribution, a certified copy of the decree for the real estate must be recorded in the deed office of each county where the property is located. This recording (20 Pa.C.S. Section 3536) makes the ownership change public.
Payment of Debts
Before heirs receive anything from an intestate estate, the administrator must pay the deceased’s financial obligations. This includes identifying all valid debts like credit card balances, mortgages, and medical bills, plus administrative costs such as court and appraisal fees.
The administrator checks the validity of each claim. Publishing a notice about the Letters of Administration informs potential creditors and can set a claim deadline. If the estate doesn’t have enough assets to cover all debts, Pennsylvania law (20 Pa.C.S. Section 3392) sets a payment order:9Pennsylvania General Assembly. Section 3392.0 – Classification and Order of Payment
- Administrative costs
- Family exemption (if applicable)
- Funeral and burial costs
- Certain medical expenses
- Debts to the Commonwealth
- Other claims follow this order.
Following this priority is important, as paying a lower-priority claim before a higher one can make the administrator personally liable if higher-priority debts go unpaid. The Orphans’ Court can resolve disputed claims.
Closing the Estate
After all financial obligations are settled, the estate administration concludes by formally closing the estate and distributing assets. In Pennsylvania, this can happen through an informal family settlement agreement if all heirs agree, which can be quicker and less costly.
Alternatively, a formal court process involves the administrator filing a Final Account with the Orphans’ Court. This document lists all assets, income, expenses, and the planned distribution. The court schedules an audit, and interested parties are notified so they can review the account and object if necessary.
If there are no objections, or if they are resolved, the court confirms the account and issues an Adjudication and a Decree of Distribution (as per 20 Pa.C.S. Section 3533).10Justia Law. 20 Pennsylvania Consolidated Statutes § 3533 (2024) – Award Upon Final Confirmation of Account This decree approves the accounting and orders asset distribution. When heirs receive their shares, they sign a Satisfaction of Award, releasing the administrator from further liability. The administrator may then request a formal discharge to officially close the estate.