What Happens If You Die Without a Will in Pennsylvania?

What happens if you die without a will in Pennsylvania? This is among the most frequently asked questions we receive about estate planning. The simple answer is that the laws of Pennsylvania decide who inherits your property if you die without a valid estate plan. When a person dies without a will, they are said to have died “intestate.” When this happens, the Commonwealth’s intestacy laws govern who inherits assets, who manages the estate, and how probate proceeds.

That said, avoiding confusion, delays, and family conflict is just one reason why many families create an estate plan. Learning more about how intestacy laws work in Pennsylvania can help you make informed decisions about your own estate plan.

What Does it Mean to Die Intestate?

If you pass away without a valid will, Pennsylvania intestate succession laws will govern how your probate assets are distributed. A will lets you specify:

Who inherits your property
Who serves as executor of your estate
Who gets certain assets
How and when your beneficiaries receive their inheritance
Who will serve as guardian of minor children

Without a will, these decisions are left up to Pennsylvania law.

You might think that if you die without a will, your spouse will inherit everything. However, intestacy laws are often more complex than you might think. In many cases, assets are divided among several family members.

Do All Assets Go Through Intestate Succession?

No. In Pennsylvania, not all assets are distributed using intestate succession laws.

Only probate assets are subject to intestate succession. Examples of assets that typically do not go through probate include:

Life insurance death benefits with named beneficiaries
IRA or 401(k) accounts with named beneficiaries
Payable-on-death bank accounts
Transfer-on-death investment accounts
Property owned in a living trust
Jointly owned property with right of survivorship

For instance, if you have a life insurance policy and name your daughter as the beneficiary, she will likely inherit the proceeds whether you have a will or not. Additionally, assets owned solely in your name without beneficiary designations will likely be distributed according to Pennsylvania intestacy laws.

Who Inherits if You Die Without a Will in Pennsylvania?

Pennsylvania law provides a list of heirs who will inherit property from an intestate decedent. Your heirs will inherit based on who survives you.

If You Have a Spouse but No Children or Parents

If you are married and have no children or living parents, your surviving spouse generally inherits everything.

If You Have a Spouse and Parents but No Children

If you are survived by a spouse and one or both parents, then your spouse does not automatically inherit all of the estate. Under Pennsylvania law, your spouse will typically receive:

The first portion of the probate estate as specified by law
A portion of the remaining balance
Your surviving parent or parents will receive the remainder

If You Have a Spouse and Children

Probate can become more complex if you have children. Factors that affect how much your spouse will inherit include:

Whether all children are from your current marriage
Whether you or your spouse has children from another relationship
The number of surviving children

Generally speaking, however, the estate is split between your spouse and children.

If You Have Children but No Spouse

If you have children but are not married, your children generally inherit your estate divided in equal parts. If one of your children predeceases you but has children of their own, then your grandchild(ren) may inherit their parent’s share.

If You Have No Spouse or Children

If you do not have a surviving spouse or descendants, Pennsylvania intestacy laws will look to see if you have surviving parents, siblings, nieces/nephews, grandparents, aunts/uncles, and/or cousins. It should be noted that Pennsylvania law provides a specific order for the distribution of property.

What Happens If No Relatives Can Be Found?

In some cases, a person can die without a will and without any living heirs. If no heirs can be located, the estate may eventually belong to the Commonwealth of Pennsylvania.

It is uncommon for someone to die without any living relatives who can inherit their property. However, this scenario highlights the importance of creating an estate plan if you want to leave assets to friends, charity, or others that wouldn’t normally inherit under Pennsylvania law.

Who Administers the Estate If There Is No Will?

When you write a will, you get to name an executor. The executor is the person you choose to administer your estate. Without a will, the court will appoint an administrator. The administrator has many of the same duties as an executor. Their duties generally include:

Locating estate assets
Notifying creditors
Paying debts and taxes
Managing estate property
Distributing assets to heirs
Filing court documents as needed

Pennsylvania law provides priority to the spouse and certain relatives when selecting an administrator.

What Happens to Minor Children If You Die Without a Will?

For those with minor children, one of the biggest risks of dying without a will is leaving behind minor children. When you have a will, you can nominate a guardian to care for your children if something happens to both parents.

If you die without a will, the court will have to appoint someone to take care of your children.

While family courts try to choose what is in the best interest of the child, they may not pick who you would have chosen.

Why Dying Without a Will in Pennsylvania is a Problem

Many people put off estate planning because they feel they do not have enough money or property to warrant creating a will. Estate planning is important no matter the size of your estate. Even relatively small estates can lead to heartache and headaches if you die without a will.

Someone dying without a will in Pennsylvania may experience:

Family feuds
Delays in probating the estate
Higher legal fees
The court making personal decisions for your family
Your hard-earned money going to relatives you never knew you had
Financial difficulties for your loved ones
Uncertainty about who will care for minor children

By creating a will, you provide answers and maintain control of many decisions instead of leaving them up to Pennsylvania intestacy laws.

How an Estate Planning Lawyer in Pennsylvania Can Help

If you decide to create an estate plan, you should speak with an experienced Pennsylvania estate planning attorney. Your attorney can help you:

Write a valid last will and testament
Create trusts if needed
Reduce probate issues
Review beneficiary designations on retirement accounts and insurance policies
Plan for disability
Protect minor children
Preserve your family’s wealth for future generations

Estate planning isn’t just for rich people. Every adult can benefit from having an estate plan in place that offers protection and guidance for your loved ones. If you would like to avoid intestate succession in Bethlehem, Pennsylvania, contact us today to schedule your complimentary estate planning consultation.