Dying without a will leaves your family navigating Pennsylvania’s intestate succession laws, which determine who inherits your property and in what proportions. These default rules may not align with your wishes, and the distribution process can create complications for those you leave behind. Understanding how intestate succession works helps you recognize the importance of estate planning and the potential consequences of failing to create a will.
At Rubin, Glickman, Steinberg & Gifford, our estate planning lawyers help clients create comprehensive plans to protect their assets and provide for their families. We also assist families navigating the probate process when someone dies without a will, guiding them through the complex legal requirements and helping them understand their rights under Pennsylvania law.
How Pennsylvania’s Intestate Succession Laws Work
When you die without a valid will, Pennsylvania’s intestate succession statutes dictate who inherits your estate. These laws prioritize close family members, beginning with spouses and children, then extending to more distant relatives if no immediate family exists. The specific distribution depends on your family situation at the time of death. A surviving spouse receives different shares depending on whether you have children or descendants from previous relationships.
If you are married with children who are also your spouse’s children, your spouse inherits the first $30,000 of your estate plus half of the remaining balance. Your children split the other half equally. If you have children from a previous relationship, your spouse receives half of your estate, and your children share the other half. If you die without children but with surviving parents, your spouse receives the first $30,000 plus half the remaining estate, with your parents inheriting the rest. These formulas demonstrate how Pennsylvania law attempts to balance competing family interests.
Who Inherits When There’s No Surviving Spouse
Without a surviving spouse, your entire estate passes to your descendants. Your children receive equal shares, and if any child predeceased you but left children of their own, those grandchildren divide their parent’s share. This concept, called representation, ensures each family line receives an appropriate portion. For example, if you have three children but one died before you leaving two children, your estate divides into thirds. Your two living children each receive one-third, and your deceased child’s children split the remaining third.
Without descendants, your estate passes to your parents if they survive you. If both parents are deceased, your siblings inherit equal shares, with any deceased sibling’s children taking their parent’s portion through representation. If you have no siblings or their descendants, the estate moves to more distant relatives following a specific hierarchy established by statute. Pennsylvania law continues tracing bloodlines through grandparents, aunts, uncles, and cousins until an heir is found.
The Role of the Estate Administrator
When no will names an executor, the court appoints an administrator to manage the estate. Pennsylvania law establishes priority for who can serve as administrator, generally favoring surviving spouses first, then adult children, parents, siblings, and other next of kin. The administrator performs similar duties to an executor, including gathering assets, paying debts and taxes, and distributing property to heirs. However, administrators face additional requirements and restrictions compared to executors named in wills.
The administrator must post bond unless all heirs agree to waive this requirement. This bond protects beneficiaries from potential mismanagement or theft by the administrator. The court also exercises closer oversight of intestate estates, requiring administrators to seek court approval for certain actions that executors can often perform independently. Our probate lawyers help administrators navigate these requirements and fulfill their legal obligations while protecting the estate’s value.
Property That Passes Outside Intestate Succession
Not all assets pass through intestate succession. Property with designated beneficiaries transfers directly to those beneficiaries regardless of intestacy laws. Life insurance policies, retirement accounts, payable-on-death bank accounts, and transfer-on-death securities pass according to beneficiary designations. Real estate held as joint tenants with right of survivorship automatically transfers to the surviving joint tenant. These non-probate assets bypass the intestate succession process entirely.
Assets held in trust also avoid intestate succession because the trust, not the deceased individual, owns the property. The trust document’s terms govern distribution. This distinction highlights why comprehensive estate planning involves more than just creating a will. Proper beneficiary designations and strategic use of trusts can simplify the transfer process and ensure assets reach intended recipients efficiently.
Contact Rubin, Glickman, Steinberg & Gifford Today
Intestate succession rarely produces outcomes aligned with most people’s wishes, and the resulting complications can burden families during already difficult times. Creating an estate plan ensures your assets pass according to your intentions and simplifies the process for those you leave behind. Rubin, Glickman, Steinberg & Gifford has been recognized as a “Best Law Firm” by U.S. News & World Report every year since 2010, and our attorneys bring over 65 years of combined experience to estate planning and probate matters.We help clients throughout Pennsylvania create comprehensive estate plans tailored to their unique circumstances and goals. Whether you need a simple will or complex trust arrangements, we provide thoughtful guidance and skilled legal services. Contact us today to schedule your free consultation and take the first step toward protecting your legacy and providing for your family.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 13, 2025
