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Home→Tools→Who Inherits Calculator→Pennsylvania

What Happens If You Die Without a Will in Pennsylvania?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

Pennsylvania intestacy laws determine who inherits when there is no will.20 Pa.C.S. § 2102Verified May 27, 2026 Pennsylvania follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Pennsylvania depends on family structure.20 Pa.C.S. § 2102Verified May 27, 2026 With no children: If no parent survives: entire estate. If parent survives: first $30,000 plus 1/2 of the remaining estate.. With shared children: First $30,000 plus half of the remaining estate. When children from a prior relationship survive: Half of the estate.

Pennsylvania uses the "per stirpes" distribution method.20 Pa.C.S. § 2104(1)Verified May 27, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation

Pennsylvania requires an heir to survive the decedent by 5 days to inherit.20 Pa.C.S. § 2102Verified May 27, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Pennsylvania intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.20 Pa.C.S. § 2102Verified May 27, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Pennsylvania will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Pennsylvania depend on estate size and complexity. Estates valued at $50,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Pennsylvania probate cost calculator for a detailed estimate.

Intestacy Laws in Pennsylvania

Pennsylvania intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives If no parent survives: entire estate. If parent survives: first $30,000 plus 1/2 of the remaining estate.20 Pa.C.S. § 2102Verified May 27, 2026. When shared children survive, the share changes to First $30,000 plus half of the remaining estate20 Pa.C.S. § 2102Verified May 27, 2026.

Assets passing to children and descendants in Pennsylvania are divided by Per stirpes20 Pa.C.S. § 2104(1)Verified May 27, 2026. The state also imposes a 120 hours20 Pa.C.S. § 2102Verified May 27, 2026 survival requirement, meaning an heir who dies within that window is treated as having predeceased the decedent.

Intestate estates in Pennsylvania valued under $50,000§ 3102Verified May 27, 2026 may qualify for a simplified transfer procedure that avoids formal probate. Use the Pennsylvania probate calculator to estimate costs for larger estates.

A revocable living trust overrides Pennsylvania intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • § 3102
  • 20 Pa.C.S. § 2102
  • 20 Pa.C.S. § 2104(1)

Data sourced from Pennsylvania statutes and official state code. How we research.

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Pennsylvania Estate Planning Resources

In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-05-27

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