Pennsylvania Intestate Succession: Who Inherits When There Is No Will

When someone dies in Pennsylvania without a valid will, the law decides who gets everything. Pennsylvania's intestate succession statute — found at 20 Pa.C.S. § 2101 et seq. — lays out a strict inheritance hierarchy based on family relationships. The result often surprises surviving family members, because the statutory rules rarely match what people assume.

The most common assumption: the surviving spouse automatically inherits everything. That is frequently wrong.

Pennsylvania's Intestate Succession Hierarchy

Pennsylvania distributes the estate in a specific order. If the person in the highest priority class exists, they inherit (in the shares described below). If that class produces no heirs, the estate passes to the next class.

When There Is a Surviving Spouse

The surviving spouse's share depends on who else survives:

Surviving spouse + no children or parents of decedent: Spouse inherits the entire estate.

Surviving spouse + children who are also children of the surviving spouse (no children from other relationships): Spouse inherits the entire estate.

Surviving spouse + children from a prior relationship: Spouse inherits the first $30,000 of the estate plus one-half of the remainder. The decedent's children from the prior relationship inherit the other half.

Surviving spouse + surviving parent(s) of the decedent, but no children: Spouse inherits the first $30,000 of the estate plus one-half of the remainder. The decedent's parents inherit the other half.

Surviving spouse + children who are children of both the spouse and the decedent AND children from a prior relationship: Spouse inherits one-half of the estate. All children share the other half equally.

The $30,000 priority share is significant. An estate of $40,000 with a surviving spouse and step-children: the spouse receives $30,000 plus half of the remaining $10,000 ($5,000), for a total of $35,000. The step-children split the remaining $5,000.

When There Is No Surviving Spouse

The estate passes in this order:

1. Children and their descendants: Children inherit equally; if a child is deceased, that child's children (the decedent's grandchildren) inherit the deceased child's share by representation
2. Parents: If no children, both parents inherit equally; if one parent is deceased, the surviving parent inherits the entire share
3. Brothers and sisters and their descendants: If no children or parents survive
4. Grandparents: Paternal and maternal grandparents in equal shares
5. Uncles and aunts and their descendants: First cousins inherit if no closer relatives exist
6. Commonwealth of Pennsylvania (escheat): If no relatives can be found within the statutory classes, the estate escheats to the state

What Intestacy Does Not Cover

Pennsylvania intestacy rules only govern the distribution of probate assets — property held solely in the decedent's name with no built-in transfer mechanism. They do not control:

• Life insurance with a named beneficiary
• Retirement accounts (IRA, 401k) with named beneficiaries
• Bank accounts with payable-on-death designations
• Jointly held property with right of survivorship

These assets pass to whoever is named or designated, entirely bypassing the intestacy rules. A surviving domestic partner may receive nothing from the probate estate under intestacy laws while still receiving a life insurance payout as the named beneficiary.

Pennsylvania does not grant inheritance rights to unmarried partners under intestacy. No matter how long the relationship lasted, a surviving unmarried partner receives nothing from the probate estate through intestacy.

Who Can Administer an Intestate Estate

Without a will nominating an executor, the court appoints an administrator through the Register of Wills. The statutory priority for who may petition is:

1. Surviving spouse
2. Those entitled to inherit (children, parents, siblings, etc., in the order above)
3. Principal creditors of the decedent
4. Other qualified persons at the court's discretion

The person with highest priority does not have to serve. They may sign a Renunciation (Form RW-06), stepping aside so the next person in line can petition. Multiple people with equal priority (e.g., three adult children) may petition jointly or designate one to serve.

The administration process is otherwise identical to a testate estate: petition the Register of Wills, receive Letters of Administration, publish the creditor notice, file the inventory, pay the inheritance tax, and close through a Family Settlement Agreement or formal accounting.

The Spousal Share Trap

The situation that creates the most family conflict is when the surviving spouse has step-children — the decedent's children from a prior relationship.

Under Pennsylvania intestacy law, step-children of the surviving spouse are treated as the decedent's children. They receive half of the estate above $30,000. The surviving spouse cannot prevent this. It is the statutory default.

This frequently becomes a source of serious family conflict when:

• The decedent's estate consists primarily of the family home (often the surviving spouse's residence)
• The decedent's children from a prior relationship have had little contact with the surviving spouse
• The estate must be sold or mortgaged to give the step-children their statutory share

This outcome can be avoided entirely with a valid will. Under a will, the decedent can leave everything to the surviving spouse. Under intestacy, they cannot — the statute controls.

Half-Blood Relatives

Pennsylvania intestacy law treats half-blood relatives (half-siblings, half-nieces, etc.) the same as full-blood relatives. A half-sister inherits the same share as a full sister. This differs from some other states that reduce the half-blood share.

Inheritance Tax on Intestate Estates

Dying without a will does not reduce or eliminate the Pennsylvania inheritance tax. The same rates apply:

• 0% for a surviving spouse
• 4.5% for children and lineal heirs
• 12% for siblings
• 15% for all others

An intestate estate distributed to siblings carries a 12% tax. An estate distributed to nieces and nephews carries 15%. The inheritance tax return (REV-1500) must still be filed within nine months of death, and the 5% early-payment discount is still available for payments made within three months.

The administrator of an intestate estate carries the same fiduciary duty and personal liability risk as a named executor. Distributing assets before satisfying the inheritance tax and other priority creditors exposes the administrator to surcharge actions in Orphans' Court.

Determining Paternity and Adoption in Intestacy

Pennsylvania intestacy law includes specific rules for non-traditional family relationships:

Adopted children: A legally adopted child inherits from adoptive parents under Pennsylvania intestacy law, the same as a biological child. An adopted child generally does not retain inheritance rights from biological parents under Pennsylvania law once adoption is finalized.

Children born outside marriage: A child born to unmarried parents inherits from the mother automatically. Inheritance from the father requires either formal acknowledgment, adjudication of paternity, or clear and convincing evidence of paternity in some circumstances.

Posthumous children: A child conceived before death but born after the decedent's death inherits as if they had been born before the death.

Practical Steps for an Intestate Estate

1. Confirm no valid will exists — check the home, safe deposit boxes, the decedent's attorney if known, and the Register of Wills (some people file wills for safekeeping during their lifetime)
2. Identify all surviving relatives to determine the intestate hierarchy
3. Petition the Register of Wills for Letters of Administration
4. Publish the required creditor notice
5. File the estate inventory within nine months
6. Pay the inheritance tax — the 5% early-payment discount applies the same way
7. Distribute assets according to the statutory shares and close through a Family Settlement Agreement or formal accounting

Intestate estates follow the same administrative roadmap as testate estates — just without the guidance of a will. The Pennsylvania Estate Settlement Guide covers the full process for both scenarios, including the specific steps for petitioning the Register of Wills as administrator, the creditor notification sequence, and the inheritance tax timeline.

See more Pennsylvania guides →