What Happens if You Die without a Will in Pennsylvania?
If you die without a will in Pennsylvania, inheritance is based on your marital status and family relationships. Pennsylvania’s intestate succession laws determine who receives property that is not otherwise transferred through a will or another legal arrangement.
If You are Married With Children
In Pennsylvania, your surviving spouse’s inheritance depends on whether your children are also the children of your surviving spouse and whether you have surviving parents. Here are some nuances you should know.
- If your spouse survives you and you have no surviving children or parents, your spouse inherits your entire estate.
- If your spouse survives you and you have children who are also the children of your surviving spouse, your spouse generally receives the first $30,000 of the estate plus half of what remains. Your children inherit the remaining half.
- If your spouse survives you and you have children who are not also the children of your surviving spouse, your spouse receives half of the estate and your children receive the remaining half.
- If you have no surviving spouse, your children inherit the estate and split assets equally.
If You are Married Without Children
If you die in Pennsylvania and you have no surviving children but one or both of your parents survive you, your spouse receives the first $30,000 plus one-half of the remaining estate. The remaining portion passes to your parent or parents.
Any assets that pass through a beneficiary designation, joint ownership, or another arrangement may pass separately from the estate.
If You Don’t Have a Spouse, but Have Children
In Pennsylvania, your children inherit your estate if you do not have a surviving spouse.
If one of your children has already died but left descendants, those descendants may inherit their parent's share under Pennsylvania's intestate succession rules. Pennsylvania law places the decedent's issue first in the order of succession when there is no surviving spouse entitled to the property.
If You Don’t Have a Spouse or Children
If you die without a spouse or descendants, your parents generally inherit your estate.
If neither parent survives you, Pennsylvania law looks to your brothers and sisters and their descendants. If there are no surviving members of those family groups, the law continues through grandparents and their descendants.
If No Living Relatives Can Be Found
Pennsylvania law provides an order of succession that extends beyond immediate family members. The estate can pass through increasingly distant relatives under the state's rules before property would ultimately be distributed to the Commonwealth.
Other Things to Know about Dying Without a Will in Pennsylvania
There are a few other nuances that may apply to a person's property if they die without a will in Pennsylvania.
- Pennsylvania's intestate succession laws apply to property that is not effectively disposed of by a will or otherwise.
- Adopted children generally have inheritance rights under Pennsylvania law, subject to the applicable statutory rules.
- Stepchildren do not automatically inherit from a stepparent simply because of the stepchild relationship. A will, adoption, beneficiary designation, or another estate-planning arrangement may be necessary to provide for them.
- Certain assets may pass outside of probate through beneficiary designations, joint ownership, or other arrangements.
- A surviving spouse may also have additional statutory rights that can affect the estate. Pennsylvania law provides a surviving spouse with a right of election in certain circumstances, including a statutory elective share.
When Does an Estate Go Through Probate in Pennsylvania Without a Will?
If you die without a will in Pennsylvania, your estate may need to go through probate so that a personal representative can be appointed, assets and debts can be addressed, and property can ultimately be distributed to the people entitled to inherit it.
Not every asset necessarily goes through probate. Property that passes automatically to a surviving joint owner or designated beneficiary may be handled outside the probate estate.
Pennsylvania also has a simplified procedure for certain small estates. Under Pennsylvania law, a personal representative may petition the court for distribution of a small estate when the statutory requirements are met. The small-estate procedure applies to estates with a gross value of $50,000 or less, subject to the specific statutory rules and deductions.
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