What happens if a person dies without leaving a will in Pennsylvania? Will the state get everything?
A person dying without a will in Pennsylvania is said to have died intestate. A common misconception is that the state takes everything. State law outlines disposition when you die without a will. 20 Pa. C.S.A § 2101 et seq. dictates distribution based on blood-lines described by relationship to the deceased.
Pennsylvania laws protect and provide for a surviving spouse and children of the decedent, assuring that these individuals are protected. In the event the decedent is not survived by a spouse or children, then the decedent’s parents, siblings, uncles, aunts, and then children and grandchildren receive in place of the decedent’s spouse and children.
Pennsylvania law dictates as follows:
a) Decedent has no surviving children.
If the decedent is survived by a spouse and no children, then the spouse receives the entire estate. If the decedent is survived by a spouse and one or both parents and no children, the spouse is entitled to the first $30,000.00 of the estate and one half of the balance of the estate. The decedent’s parent or parents share the other one half of the estate after the first $30,000.00 with the surviving spouse.
b) Decedent has surviving children.
If the decedent is survived by a spouse and children, then the surviving spouse shall receive the first $30,000.00 of the estate plus one half of the remaining estate.
If the decedent was survived by a spouse and has surviving children, at least one of whom is not also the surviving-spouse’s child, the surviving spouse shall only receive one half of the estate. In this instance, the surviving spouse will not be entitled to the first $30,000.00. The statutory interest is to avoid leaving a child without support after the decedent’s death.
c) Decedent has no surviving spouse.
Pennsylvania law in 20 Pa. C.S.A § 2103 addresses this scenario. This section states:
- Children. If there are any children, they receive the entire estate.
- Parents. If no children, then the decedent’s parents are the beneficiaries of the estate.
- Brother, Sister or Nieces and Nephews. If decedent is not survived by children or parents, then the estate goes to the decedent’s brothers and sisters and their children.
- Grandparents. If decedent has no siblings who survive, then the grandparents will receive one half to the decedent’s paternal grandparents, one half to the maternal grandparents, and their children.
- Uncles, Aunts and Their Children and Grandchildren. If there are no grandparents, then the estate is distributed to uncles, aunts, their children and grandchildren.
- Commonwealth of Pennsylvania. If none of the above mentioned family exists, then the entire estate goes to the state.
Pennsylvania law at 20 Pa. C.S.A § 2104 provides two patterns of distribution depending on the degree of the relationship between decedent and the survivors. One is “per stirpes” where ancestors are not all in the same degree of relationship and “per capita” when all ancestors are in equal degree of relationship. This varied pattern emphasizes the need to discuss the impact of these patterns on your estate goals in distribution.
Attorney Matz can provide you with peace of mind in the drafting of a will and the establishment of your estate plan. He is ready to provide the guidance necessary to reach your goals. He has written hundreds of wills and trusts over the last thirty years.
Click here to contact Attorney Matz about your estate planning.