When someone dies in Pennsylvania without a will, state law decides who inherits. Answer a few questions and this free calculator shows how Pennsylvania’s intestate succession law would divide the estate.
Answer about the person who died. The result updates as you go.
| Who inherits | Share | Amount |
|---|
This follows the general rules in 20 Pa.C.S. sections 2102 to 2104. It does not cover every situation, such as a spouse who lost the right to inherit, adopted or stepchildren, or property owned outside Pennsylvania. It is not legal advice.
Pennsylvania intestate succession rules
“Intestate” means dying without a valid will. Pennsylvania’s rules apply only to property that passes through the estate. Jointly owned property, life insurance and accounts with a named beneficiary pass directly to the co-owner or beneficiary instead.
What the surviving spouse receives
| Family situation | Spouse’s share |
|---|---|
| No children or other descendants, and no surviving parent | The entire estate |
| No descendants, but a parent survives | The first $30,000 plus one-half of the rest |
| Children who are all also the spouse’s children | The first $30,000 plus one-half of the rest |
| At least one child from another relationship | One-half of the estate |
Who receives the rest
Whatever does not go to a spouse passes to the closest relatives, in this order:
- Children and other descendants, in equal shares by family line
- Parents
- Brothers and sisters, and the children of a brother or sister who died
- Grandparents, half to the father’s side and half to the mother’s side, and their descendants (aunts, uncles and cousins)
Half-siblings inherit the same as full siblings. An heir must outlive the person who died by at least five days to inherit. If no relative qualifies, recent changes to Pennsylvania law send the estate to a qualifying local community fund before it would pass to the Commonwealth.
Why intestacy often goes wrong for families
- Blended families. If you have a child from a prior relationship, your spouse receives only half. Your spouse and your children may end up co-owning the house.
- Unmarried partners. A partner you are not married to receives nothing under intestacy.
- Minor children. A child’s share may need a court-appointed guardian until age 18.
- Land and mineral rights. Splitting a farm or oil and gas interest among many heirs can make it hard to sell, lease or manage.
A simple will avoids all of these problems. Our free estate planning checklist is a good place to start.
Common questions
Who handles the estate when there is no will?
The Register of Wills appoints an administrator, usually the surviving spouse or a close relative. The administrator has the same duties as an executor. See our executor checklist.
Do heirs pay inheritance tax?
Yes. Pennsylvania inheritance tax applies whether or not there is a will. Spouses pay 0%, children 4.5% and siblings 12%. Try our PA inheritance tax calculator.
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