The loss of a loved one can lead to confusion and uncertainty for grieving families, especially if no will was left behind. Families are often left to figure out for themselves who inherits property if no will in Pennsylvania. The answer can depend on the state intestacy laws and the family structure. At LM Attorney, we help grieving families address their concerns with clarity.
Understanding Intestate Succession
Dying without a will is known as dying intestate. Intestate estates involve Pennsylvania’s intestacy laws dealing with the transfer of property rights. In that scenario, the local Register of Wills will appoint an estate administrator who volunteers, and that administrator will distribute the estate to surviving family members in a way strictly-prescribed by law.
So, if there is no will, who gets property in Pennsylvania? Let’s break it down into several categories.
If the Deceased is Survived by a Spouse:
- Spouse Only (no children, no parents) – Spouse inherits everything.
- Spouse and Children (all shared) – The spouse will receive the first $30,000 and half of the remaining estate (children will share the other half).
- Spouse and Children (from different relationships) – The spouse gets half, and children (biological or adopted) share the other half.
- Spouse and Parents (no children) – The spouse is entitled to the first $30,000 and half of the remaining estate, and the parents inherit the other half.
If there is no surviving spouse:
- Children only: The children inherit the estate (divided equally).
- No children and no spouse: The parents inherit the estate.
- No parents: The siblings inherit the estate. If a sibling has died, their share may pass to their children (the deceased’s nieces and nephews).
If there are no living siblings or relatives, the estate moves to grandparents, aunts and uncles, and cousins, in that order.
Why it is Important to Plan Ahead
Understanding who inherits property if no will in Pennsylvania shows how crucial proper estate planning is. Without a valid will, you lose control over who receives your assets. This can lead to unintended consequences and emotional and financial strain for loved ones.
At LM Attorney, we understand that everyone wants the assurance that comes with having a clear, adequate estate plan in place. Whether it’s a fresh start, or updating your existing documents, we are here to help.
Take Control of your Legacy Today
Your family’s future does not need to be left to chance or to state law. Call LM Attorney today to take control and make sure your estate is managed to meet your wishes, while protecting those most important to you.