In Pennsylvania, when someone passes away without leaving a valid will, their estate is distributed according to the state’s intestacy laws. These laws determine who inherits the deceased’s assets and how much they receive, depending on their relationship with the deceased. Understanding intestacy laws is crucial, especially if you’re managing the affairs of a loved one who didn’t leave a will or if you’re concerned about what happens to your assets without one.
At Pike Law, we regularly assist individuals in navigating the complexities of estate administration under Pennsylvania’s intestacy laws. Here’s what you need to know about how these laws work and what they could mean for you and your family.
What is Intestate Succession?
Intestate succession refers to the legal process of distributing the assets of someone who dies without a will. In Pennsylvania, the probate court oversees this process, ensuring that the estate is distributed by state law.
It’s important to note that intestacy laws only apply to assets that would have been passed through a will, such as bank accounts, real estate, and personal property. Assets like life insurance policies, retirement accounts, or joint bank accounts that have designated beneficiaries are not subject to intestate succession.
Who Inherits Under Pennsylvania’s Intestacy Laws?
Pennsylvania’s intestacy laws establish a hierarchy of heirs, with the deceased’s spouse and children being the first in line. The distribution depends largely on the surviving family members, as detailed below:
- If the deceased is survived by a spouse and children: The spouse inherits the first $30,000 of the estate plus half of the remaining estate. The children inherit the other half of the remaining estate. This applies whether the children are from the current marriage or a previous relationship.
- If the deceased is survived by a spouse but no children or parents: The spouse inherits the entire estate.
- If the deceased is survived by a spouse and parents (but no children): The spouse inherits the first $30,000 plus half of the remaining estate, while the parents receive the other half.
- If the deceased is survived by children but no spouse: The children inherit the entire estate equally.
- If the deceased is survived by parents but no spouse or children: The parents inherit the entire estate.
- If the deceased is survived by siblings but no spouse, children, or parents: The siblings inherit the estate.
- If there are no surviving close relatives: If no spouse, children, parents, or siblings exist, the estate may be distributed to more distant relatives, such as nieces, nephews, or cousins. If no relatives can be identified, the estate may eventually go to the state of Pennsylvania, though this is rare.
Key Points to Remember
Pennsylvania’s intestacy laws aim to ensure that the deceased’s assets are distributed to their closest relatives. However, the laws can be complex, and they may not align with the individual’s wishes. For example, without a will:
- Unmarried partners or friends do not inherit anything under intestacy laws.
- Stepchildren are not automatically entitled to inherit unless they were legally adopted.
If minor children are involved, the court may appoint a guardian to manage their inheritance until they reach adulthood.
How to Avoid Intestacy
The best way to avoid intestacy and ensure your estate is distributed according to your wishes is by creating a valid will. As important as this document is, less than half of the U.S. adults (46%) have a valid will that specifies how they want to distribute their assets.
A will allows you to specify who should inherit your property and how much they should receive, as well as name an executor to oversee your estate’s distribution. If you have young children, a will also enable you to designate guardians for them.
Additionally, you can consider other estate planning tools like trusts, which can help protect your assets and provide more control over how they’re distributed.
How an Attorney Can Help You Manage Intestate Succession
If you’re dealing with the estate of a loved one who died without a will, or if you’re concerned about your own estate planning, working with an experienced estate attorney can make a significant difference.
At Pike Law, we have extensive experience guiding families through the probate process and handling intestate estates. We can ensure that your loved one’s assets are distributed according to Pennsylvania law, and we can help you avoid common legal pitfalls along the way.
Protect Your Family’s Future with Proper Estate Planning
While Pennsylvania’s intestacy laws provide a structure for estate distribution, they may not reflect your personal preferences. Creating an estate plan ensures your assets are passed on in the way you choose, and it can save your family significant stress and confusion down the road.
If you need assistance with intestate succession or would like to start planning your estate, contact Pike Law today. Our team is ready to help you protect your legacy and provide peace of mind for your loved ones.
Schedule your consultation with Pike Law and secure the future of your estate.