When a Pennsylvania resident passes away without a legally valid will, their property is distributed according to state law. This process is known as intestate succession. The laws provide a predetermined hierarchy for inheritance, ensuring a deceased person’s assets are passed to their closest relatives.
Circumstances Triggering Intestate Succession
Intestate succession is triggered when a person dies without a valid will. For a will to be valid in Pennsylvania, it must be in writing and signed by the testator, the person making the will. If a court determines a will is invalid due to improper execution, lack of capacity, or undue influence, the estate is distributed as if no will ever existed.
The rules of intestacy also apply when a will is only partially valid. This occurs if the will does not account for all assets owned by the decedent. Any property not addressed in the will becomes part of the intestate estate and is distributed according to succession laws, while the other assets pass to the named beneficiaries.
Surviving Spouse’s Share Under Intestacy
The share a surviving spouse receives depends on which other relatives the decedent leaves behind. According to 20 Pa.C.S.A. § 2102, if the decedent has no surviving children, grandchildren, or parents, the surviving spouse inherits the entire estate.1Pennsylvania General Assembly. Section 2102. Share of Surviving Spouse
If the decedent is survived by a parent or parents but no children, the distribution changes. The surviving spouse is entitled to the first $30,000 of the estate’s value, plus one-half of the remaining balance. The decedent’s parents inherit the other half of the balance.
When the decedent leaves behind children, a different set of rules applies. If all surviving children are also the children of the surviving spouse, the spouse receives the first $30,000 of the estate plus one-half of the remaining property. If the decedent had at least one child from another relationship, the surviving spouse’s share is one-half of the estate without the initial $30,000 allowance. This distinction protects the inheritance of children from outside the marriage.
Inheritance Rights of Children and Descendants
When a person dies without a surviving spouse, their children inherit the entire estate in equal shares. If there is a surviving spouse, the children inherit the portion of the estate that does not pass to the spouse. Under 20 Pa.C.S.A. § 2103, the law dictates that assets are divided among the decedent’s issue, which includes children, grandchildren, and further descendants.
Pennsylvania law uses a “per stirpes” system of distribution for descendants. This means if a child of the decedent has already passed away but left their own children (the decedent’s grandchildren), those grandchildren will take the share their parent would have received.2Pennsylvania General Assembly. Section 2104. Rules of Succession The inheritance is divided at the first generation with living heirs, and the shares of any deceased members of that generation drop down to their issue.
The state’s inheritance laws extend protections to various classes of children. Adopted children are treated the same as biological children and have full inheritance rights from their adoptive parents. Children born outside of marriage can inherit from their mother, and from their father if paternity is established. Children conceived before the decedent’s death but born after are also entitled to an intestate share.
Distribution to Other Family Members
If a decedent passes away with no surviving spouse or children, the law establishes a hierarchy for other relatives. The decedent’s parents are next in line to inherit. If both parents are living, they share the estate equally; if only one parent survives, that parent inherits the entire estate.
When no parents survive the decedent, the estate passes to the decedent’s siblings or their descendants. The estate is divided among the brothers and sisters. If a sibling has predeceased the decedent, their share is passed down to their own children (the decedent’s nieces and nephews) by representation.
If there are no parents, siblings, or descendants of siblings, the law looks to the next level of relatives. The estate is then divided between the paternal and maternal grandparents. Half of the estate goes to the paternal side and half to the maternal side, and if a grandparent has died, their share passes to their children and then to their cousins if necessary.
Assets Governed by Intestacy Rules
Intestate succession applies only to assets in the decedent’s “probate estate.” This includes property owned solely in the decedent’s name at death that does not have a designated beneficiary. Common examples are real estate titled only in the decedent’s name, personal belongings, and bank accounts without a payable-on-death designation.
Many assets are not controlled by intestacy laws because they pass to a new owner automatically. These “non-probate assets” bypass the probate process and include:
- Life insurance proceeds payable to a named beneficiary
- Funds in retirement accounts like 401(k)s or IRAs with a designated beneficiary
- Bank accounts set up as payable-on-death (POD)
- Property held in joint tenancy with right of survivorship, which passes to the surviving owner
- Assets held within a living trust, which are distributed according to the trust document
No Surviving Heirs Scenario
In the rare event that a person dies without any identifiable heirs, the state intervenes. Because the law is designed to pass property to even distant relatives, a thorough search for any living family must be conducted before the final step in the process is taken.
When this search yields no eligible relatives, the decedent’s estate is subject to “escheat.” This legal doctrine dictates that the property transfers to the Commonwealth of Pennsylvania.3Justia. 20 Pennsylvania Consolidated Statutes § 2103 (2024) – Shares of Others Than Surviving Spouse The net assets of the estate are turned over to the state treasury after all debts and administrative expenses have been paid.
The escheat process prevents property from becoming ownerless. It serves as the final measure in the state’s succession plan, ensuring all assets are accounted for and managed.