PA risk area
Intestacy risk in Pennsylvania
How assets are distributed when there is no will and state default rules control the outcome.
Pennsylvania intestacy gives the surviving spouse a $30,000 set-aside plus a share in many cases, with the remainder passing to descendants or other heirs in statutory order.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there is no surviving issue or parent, the spouse inherits the entire intestate estate.
- If there is no surviving issue but a parent survives, the spouse receives the first $30,000 plus one-half of the balance.
- If all surviving issue are also the spouse's, the spouse receives the first $30,000 plus one-half of the balance.
- If any surviving issue is not the spouse's, the spouse receives one-half of the intestate estate.
Questions to consider
Questions this risk area helps you evaluate in Pennsylvania
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Pennsylvania intestacy gives the surviving spouse a $30,000 set-aside plus a share in many cases, with the remainder passing to descendants or other heirs in statutory order.
- If there is no surviving issue or parent, the spouse inherits the entire intestate estate.
- If there is no surviving issue but a parent survives, the spouse receives the first $30,000 plus one-half of the balance.
- If all surviving issue are also the spouse's, the spouse receives the first $30,000 plus one-half of the balance.
- If any surviving issue is not the spouse's, the spouse receives one-half of the intestate estate.
- Any remaining estate passes to issue, then parents, then siblings and their issue, then grandparents and their issue.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021.002.000..HTM
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021.003.000..HTM
- https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021.004.000..HTM
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Pennsylvania.