If you die without a will in Pennsylvania, state law decides who inherits your property. A surviving spouse usually receives all or part of the estate, and the rest goes to children, then parents, then other relatives in a set order. A court officer, not you, appoints the person who settles your estate.
Dying without a will is called dying “intestate.” So what happens if you die without a will in Pennsylvania, and how does it affect your family? This guide walks through the rules by family situation. It is part of our Pennsylvania estate planning guides. To see what goes into a will instead, visit our page on writing a will that fits your family.
Key takeaways
– Pennsylvania’s intestacy law, 20 Pa.C.S. Ch. 21, sets who inherits when there is no will.
– A spouse does not always receive everything. Children from another relationship change the split.
– Unmarried partners, stepchildren who were not adopted, and friends receive nothing under intestacy.
– Someone must apply to the Register of Wills for letters of administration before the estate can be settled.
– Mineral rights can be split among many heirs, which can delay royalties and leasing.
Intestate succession in Pennsylvania: the basic rules
Intestate succession in Pennsylvania is governed by 20 Pa.C.S. §§ 2101–2104. Section 2102 sets the surviving spouse’s share. Section 2103 sets who receives the rest. Section 2104 sets rules for how shares are divided among relatives.
Intestacy only controls probate assets. Property that passes by beneficiary form, joint ownership, or a trust goes to the named person regardless. Our guide to keeping assets out of probate explains those tools.
Who inherits: by family situation
The table below summarizes the spouse’s share under 20 Pa.C.S. § 2102.
| Your family at death | Surviving spouse receives | Everyone else |
|---|---|---|
| Spouse, no children, no parents | Entire estate | Nothing |
| Spouse and one or both parents, no children | First $30,000 plus half of the balance | Parents receive the rest |
| Spouse and children, all of whom are also the spouse’s children | First $30,000 plus half of the balance | Children share the rest |
| Spouse and children, one or more of whom are not the spouse’s children | Half of the estate | Children share the other half |
| No spouse | Nothing | Passes to relatives in order (see below) |
Married with children together
If all of your children are also your spouse’s children, your spouse receives the first $30,000 plus half of what remains. Your children divide the other half. Many people are surprised by this. They assume a spouse takes everything, but the children receive a share even if they are minors. A minor’s share may require a court-appointed guardian to manage it until the child turns 18.
Blended families
If you have a child from a prior relationship, the rules change. Your spouse receives half of the estate, with no $30,000 first share. All of your children, from every relationship, split the other half.
Your spouse’s children from another relationship do not inherit from you unless you adopted them. Stepchildren are not heirs under intestacy. In a blended family, this can leave out people you consider your own children, or give a larger share than intended to others. A will is the only reliable way to control that outcome.
No spouse
If you are not married when you die, your estate passes in this order under 20 Pa.C.S. § 2103
- Your children, and the descendants of any child who died before you.
- Your parents, equally, or the survivor.
- Your brothers and sisters, and the descendants of any who died before you.
- Your grandparents: half to your father’s side and half to your mother’s side, including their descendants (aunts, uncles, and cousins).
- Aunts and uncles and their children and grandchildren, under the statute’s specific rules.
- If no relative qualifies, the Commonwealth of Pennsylvania.
Half-siblings inherit the same as full siblings, and adopted children inherit the same as biological children. Unmarried partners inherit nothing, no matter how long the relationship lasted.
When a spouse may lose the right to inherit
Under 20 Pa.C.S. § 2106, a spouse may lose intestate rights in some situations. One example is when a divorce was pending and grounds had been established at the time of death. These rules are technical and fact-specific.
Letters of administration: who settles the estate
Without a will, no executor has been named. Someone must apply to the Register of Wills in the county where the decedent lived for letters of administration. Letters of administration are the court document that gives an administrator legal authority to collect assets, pay debts, and distribute property.
Who can serve as administrator
Pennsylvania law sets a priority list under 20 Pa.C.S. § 3155. In general, the surviving spouse comes first, followed by the people entitled to inherit, then principal creditors, then others. People with equal or higher priority often sign a renunciation, a short form giving up their right to serve, so another family member can be appointed.
An administrator may be required to post a bond, which is a type of insurance that protects heirs and creditors. A bond adds cost. A will can often waive that requirement.
Where to file
- Washington County: Register of Wills, Washington County Courthouse, 1 South Main Street, Washington, PA 15301.
- Allegheny County: Register of Wills, City-County Building, 414 Grant Street, Pittsburgh, PA 15219.
After letters are granted, the administrator follows the same steps as an executor. These include advertising the estate under § 3162, giving notice to heirs within three months under Pa. O.C. Rule 10.5, and filing the inheritance tax return. Our page on the estate administration process covers those steps.
Free download: Estate Planning Document Checklist → /estate-planning-checklist/
Use it to list your assets, beneficiaries, and the people you would choose, so your family is not left to the default rules.
What’s at risk for mineral rights owners
Many families in Cecil Township, Canonsburg, and across Washington County own oil and gas rights. Intestacy can be especially hard on these interests.
- Fractional ownership. Mineral rights pass to heirs in fractions. A single interest can be split among a spouse and several children, then split again when those heirs die.
- Missing or unknown heirs. Operators need to know who owns each share before paying. If heirs cannot be found, payments may be placed in suspense (held back) until ownership is resolved.
- Leasing becomes harder. A company may need every co-owner to sign. One missing or unwilling heir can slow down or block a lease.
- New division orders and title work. Each heir usually must sign new paperwork, and the operator may require estate documents and a title review before releasing funds.
- Inheritance tax. Mineral rights must be valued and reported on the inheritance tax return.
A will, or a trust or family company that holds mineral rights, can keep those rights together and name one person to manage them. Our firm handles both estate planning and oil and gas work, so these issues can be addressed in one plan.
So, what happens if you die without a will in Pennsylvania? A recap
The state chooses your heirs using a fixed formula. The court appoints an administrator from a priority list. Your family may face bond costs, guardianship for minor children’s shares, and split ownership of land or mineral rights. None of these outcomes considers your wishes, because there is no document stating them.
Frequently asked questions
Does my spouse get everything if I die without a will in Pennsylvania?
Only if you have no surviving children, grandchildren, or parents. If a parent survives, or you have children who are also your spouse’s children, your spouse receives the first $30,000 plus half of the balance. If you have children from another relationship, your spouse receives half.
Do stepchildren inherit under Pennsylvania intestacy law?
Generally, no. Stepchildren who were not legally adopted are not heirs under Pennsylvania’s intestacy rules. If you want a stepchild to inherit, you need a will, a trust, or a beneficiary designation that names that person directly.
Who becomes administrator if there is no will in Pennsylvania?
The Register of Wills grants letters of administration based on a priority list. The surviving spouse usually comes first, then the heirs who inherit under intestacy, then creditors. Family members with priority can sign renunciations so that another person may serve.
Does an unmarried partner inherit in Pennsylvania?
No. An unmarried partner has no right to inherit under Pennsylvania intestacy law, regardless of how long the couple lived together. A will, a trust, joint ownership, or beneficiary designations are the usual ways to provide for a partner.
What happens to mineral rights if the owner dies without a will?
They pass to heirs under the intestacy formula, often in small fractions. Each heir may need to sign new division orders, and royalties may be held until ownership is documented. Leasing can become harder because every co-owner may need to agree.
Make a plan with us
A will takes the guesswork out of these rules. Call (304) 982-1586 or request a consultation. After you call, we will ask a few questions about your family and property, then schedule a meeting and send a short list of documents to bring. We work with families in Washington County and in Pittsburgh and Allegheny County.
About the author: Heather N. Kostrub is an attorney at Kostrub Law Firm, PLLC, where she focuses on estate planning, wills, trusts, powers of attorney, and family and business succession. Read Heather’s bio.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.