What Happens If You Die Without a Will in Pennsylvania?
Without a will in Pennsylvania, a surviving spouse takes the first $30,000 plus half of the rest20 Pa.C.S. § 2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representation20 Pa.C.S. § 2104(1)Verified Sep 10, 2026View source.
Pennsylvania intestacy law decides. Pennsylvania follows separate property rules20 Pa.C.S. § 2102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Brothers, sisters, or their issue; Grandparents (paternal and maternal halves); Uncles, aunts and their children and grandchildren; An endowed community fund, then the Commonwealth (escheat)20 Pa.C.S. § 2102Verified Sep 10, 2026View source.
The surviving spouse's share in Pennsylvania depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $30,000 plus 1/2 of the remaining estate20 Pa.C.S. § 2102Verified Sep 10, 2026View source. With shared children: First $30,000 plus half of the remaining estate20 Pa.C.S. § 2102Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estate20 Pa.C.S. § 2102Verified Sep 10, 2026View source.
Pennsylvania divides per capita with representation20 Pa.C.S. § 2104(1)Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Shares are divided into equal parts at the nearest degree of relationship in which someone is living and taking a share, and the issue of anyone in that degree who died before the decedent take that person's share by representation.
Pennsylvania requires an heir to survive the decedent by 120 hours20 Pa.C.S. § 2104(10)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Pennsylvania intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Pennsylvania, however, Surviving party to a Pennsylvania common-law marriage that was otherwise lawful and contracted on or before January 1, 200523 Pa.C.S. § 1103Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Pennsylvania will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Pennsylvania
Free Pennsylvania forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Pennsylvania, the petition asks the Register of Wills of the county of the decedent’s domicile to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is available20 Pa.C.S. § 901 (register jurisdiction over probate of wills and grant of letters), § 3155 (register grants letters testamentary/administration), § 908 (appeal from register's decree to the Orphans' Court)Verified Sep 8, 2026View source.
Notice to Creditors
In Pennsylvania, the notice to creditors is published for 320 Pa.C.S. §§ 3162, 3381-3392, 3532Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 12 months20 Pa.C.S. § 3532 (one year from first complete advertisement of the grant of letters — a risk-distribution protection period for the personal representative, not a nonclaim bar)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Pennsylvania, a person named as personal representative may renounce the right to servePa. O.C. Rule 10.1; Form RW-06 rev. 01.01.20Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Pennsylvania, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areAct of Nov. 5, 1981, P.L. 328, No. 118, §§ 1-3; 20 Pa.C.S. § 3546; 75 Pa.C.S. § 1114Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Estate Inventory
In Pennsylvania, the personal representative files the estate inventory within 270 days20 Pa.C.S. §§ 3301-3303Verified Sep 15, 2026View source of appointment.
Estate Closing
In Pennsylvania, the personal representative is discharged automatically once the statutory period runs20 Pa.C.S. §§ 3531, 3532, 3533, 3514, 3521Verified Sep 15, 2026View source, and no final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Pennsylvania, a will needs no witnesses to be valid20 Pa.C.S. § 2502Verified Oct 19, 2026View source, and a self-proving affidavit signed with it lets the court admit it without witness testimony20 Pa.C.S. § 2502Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Pennsylvania
Free calculators and checklists for planning or settling an estate in Pennsylvania: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Pennsylvania costs an estimated $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source. Attorney fees run 1.9%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source to 3%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Pennsylvania allows you to name your own agent in advance20 Pa.C.S. § 305(a), (e)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Pennsylvania levies an inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source, paid by the beneficiary at a rate set by relationship, and no estate tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Pennsylvania, an inheritance is subject to a state inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Pennsylvania take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates72 P.S. § 7302 (Tax Reform Code of 1971, Article III) — flat 3.07% individual rateVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Pennsylvania costs an estimated $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.9%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source to 3%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source of the estate. Estates under $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Pennsylvania pays executors reasonable compensation20 Pa.C.S. § 3537 (compensation "reasonable and just"; the court "may calculate such compensation on a graduated percentage" but the statute names no percentage). Entitlement rests on services actually rendered, "not upon some arbitrary formula" (In re Estate of Sonovick, 541 A.2d 374, 376 (Pa. Super. 1988), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Pennsylvania Estate Planning Resources
In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.